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SECTION 1. PERMANENT EXTENSION OF 50-PERCENT BONUS DEPRECIATION. (a) In General.--Subparagraph (B) of section 168(k)(4) of the Internal Revenue Code of 1986 (relating to special allowance for certain property acquired after September 10, 2001, and before January 1, 2005), as amended by section 201 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, is amended to read as follows: ``(B) 50-percent bonus depreciation property.--For purposes of this subsection, the term `50-percent bonus depreciation property' means property described in paragraph (2)(A)(i)-- ``(i) the original use of which commences with the taxpayer after May 5, 2003, and ``(ii) which is acquired by the taxpayer after May 5, 2003, but only if no written binding contract for the acquisition was in effect before May 6, 2003.''. (b) Repeal of Termination Dates for 30-Percent Bonus Depreciation Property.--Subparagraph (A) of section 168(k)(2) of such Code, as so amended, is amended by adding ``and'' at the end of clause (ii) and by striking clauses (iii) and (iv) and inserting the following new clause: ``(iii) which is-- ``(I) acquired by the taxpayer after September 10, 2001, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after September 10, 2001.''. (c) Technical Amendments.-- (1) Paragraph (2) of section 168(k) of such Code is amended by striking subparagraph (B) and by redesignating the succeeding subparagraphs accordingly. (2) Clause (i) of section 168(k)(2)(C), as redesignated by paragraph (1), is amended by striking ``and before January 1, 2005''. (3) The subsection heading for section 168(k) is amended by striking ``, and Before January 1, 2005''. SEC. 2. LONG-TERM CONTRACT ACCOUNTING. (a) In General.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended by adding after subparagraph (E), as redesignated by section 1, the following new subparagraph: ``(F) Long-term contract accounting.--The percentage of completion method under section 460 shall be applied as if this subsection had not been enacted.'' SEC. 3. ELECTION TO INCREASE MINIMUM TAX CREDIT LIMITATION IN LIEU OF BONUS DEPRECIATION. (a) In General.--Section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end of the following new subsection: ``(e) Additional Credit in Lieu of Bonus Depreciation.-- ``(1) In general.--In the case of a corporation making an election under this subsection for a taxable year, the limitation under subsection (c) shall be increased by an amount equal to the bonus depreciation amount. ``(2) Bonus depreciation amount.--For purposes of paragraph (1), the bonus depreciation amount for any taxable year is an amount equal to the product of-- ``(A) 35 percent, and ``(B) the excess (if any) of-- ``(i) the aggregate amount of depreciation which would be determined under section 168 for property placed in service during such taxable year if no election under this subsection were made, over ``(ii) the aggregate allowance for depreciation allowable with respect to such property placed in service for such taxable year. ``(3) Election.--Section 168(k) (other than paragraph (2)(E) thereof) shall not apply to any property placed in service during a taxable year by a corporation making an election under this subsection for such taxable year. An election under this subsection may only be revoked with the consent of the Secretary. ``(4) Credit refundable.--The aggregate increase in the credit allowed by this section for any taxable year by reason of this subsection shall for purposes of this title (other than subsection (b)(2) of this section) be treated as a credit allowed to the taxpayer under subpart C.''. (b) Conforming Amendments.--Subsection (k) of section 168 is amended by adding at the end the following new paragraph: ``(5) Cross reference.-- ``For an election to claim certain minimum tax credits in lieu of the allowance determined under this subsection, see section 53(e).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years ending after May 5, 2003.

Amends the Internal Revenue Code to permanently extend the 50 percent and 30 percent bonus depreciation for certain original use property, including water utility property, computer software, or qualified leasehold improvement property, with a recovery period of 20 years or less. Allows a taxpayer to elect an increased refundable minimum tax credit in lieu of taking a bonus depreciation deduction.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permanently extend the 50-percent bonus depreciation added by the Jobs and Growth Tax Relief Reconciliation Act of 2003, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Asset Management Improvement Act of 1999''. TITLE I--IMPROVED PROPERTY MANAGEMENT SEC. 101. PERFORMANCE MEASUREMENT. (a) Performance Measures Required.-- (1) In general.--The Administrator, in consultation with the heads of executive agencies, shall establish performance measures to determine the effectiveness of Federal property management. The performance measures shall be designed to-- (A) enable the Congress and heads of executive agencies to track progress in the achievement of property management objectives on a governmentwide basis; and (B) allow for comparing the performance of executive agencies against industry and other public sector agencies in terms of performance. (2) Use of existing data and data collection tools.--In developing and implementing the performance measures, the Administrator shall use existing data sources and automated data collection tools to the maximum extent practical. (b) Executive Agencies.--The head of each executive agency shall-- (1) monitor the performance of the agency against the performance measures established under subsection (a); and (2) report the results of such monitoring to the Congress in the agency's budget submission under section 1105 of title 31, United States Code. (c) Management Plan.--Within 90 days after the date of the enactment of this Act, the Administrator of General Services shall submit to the Congress a program management plan describing-- (1) how the program established by this Act will be implemented; (2) individuals who will exercise operational authority over the program; (3) the qualifications of such individuals; and (4) a timeline for implementation of the program. TITLE II--PUBLIC-PRIVATE PARTNERSHIPS SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY. Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following: ``Sec. 213. (a) The Administrator may enter into agreements for the creation of one or more public-private partnerships with a nongovernmental person, the purpose of which shall be (1) to lease Federal real property under the terms of subsection (c), and (2) to develop, rehabilitate, or renovate facilities on such leased property for the use, in whole or part, by executive agencies. The public- private partnership may be a limited liability company, limited partnership, corporation, business trust, or other form of entity, as the Administrator may designate. The nongovernmental person shall exercise control of the management of the public-private partnership, and shall hold a majority interest in ownership and profits of the public-private partnership. ``(b) Each agreement entered into pursuant to this section-- ``(1) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; ``(2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to promote competition and protect the public interest; ``(3) shall provide a lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated by the public-private partnership, but shall not guarantee occupancy by the United States; ``(4) shall describe the consideration, duties, and responsibilities for which the United States and the nongovernmental person are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the nongovernmental person, notwithstanding any provision of law, including the Act of June 30, 1932 (chapter 314; 40 U.S.C. 303b); ``(5) shall provide-- ``(A) that the United States shall not be liable for any actions, debts, or liability of any person created by such agreement; and ``(B) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ``(6) shall provide that the leasehold interests of the United States are senior to that of any lender to the nongovernmental person. Paragraph (6) shall not impair the ability of a public-private partnership to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). ``(c)(1) Notwithstanding any other provision of law, including sections 202 and 203 of this Act, the Administrator may lease real property to a public-private partnership created under this section in furtherance of agreements under subsection (a). ``(2) Master leases under this subsection may be for such period as the Administrator determines appropriate. ``(3) The Administrator may dispose of equity interest controlled by the United States in any public-private partnership created under this section whenever determined by the Administrator to be beneficial to the United States, if the Administrator receives the estimated fair market value of such interests. Proceeds from such disposal shall be deposited into the fund created by section 210(f). ``(4) Real property leased under this subsection shall not be considered unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act and may be leased under this subsection without regard to any other provision of law. ``(d) Notwithstanding any other provision of law, the Administrator, or his or her designee, may provide services to a public-private partnership created under this section on such terms as the Administrator considers appropriate. ``(e)(1) Notwithstanding any other provision of law, the Administrator may retain and use any revenues derived from agreements entered into under this section for the physical improvement of Federal real property. ``(2) At the discretion of the Administrator, revenues from master leases authorized by this section shall be deposited into the fund established by section 210(f), or deposited into the general fund of the Treasury as miscellaneous receipts. ``(3) Net revenues received by the Administrator from public- private partnerships created under this section, other than proceeds from master leases of real property, shall be deposited in the fund established by section 210(f). ``(f) Upon request of the head of an executive agency, the Administrator shall delegate to the head of the executive agency authority of the Administrator under subsections (a) through (e). ``(g) The Administrator shall prepare and transmit to the Congress a business plan regarding each agreement with a nongovernmental person under this section not later than 30 days before the date on which the Administrator enters into the agreement. The business plan shall identify the property that the Administrator proposes to make available under the agreement, an explanation of the agreement, the name, resources, and qualifications of the nongovernmental person, the factors in support of the proposed project, and performance measures by which the proposed project will be measured. ``(h) The Administrator shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, the projected economic performance, including expenditures and receipts, arising from agreements entered into pursuant this section. ``(i) In this section: ``(1) The term `nongovernmental person' means a person that is not an executive agency. ``(2) The term `master lease' means a conveyance of Federal real property to a public-private partnership created under this section through a lease entered into by the Administrator with the public-private partnership.''. SEC. 202. REPORTS. (a) Office of the Administrator.--Not later than 5 years after the date of enactment of this Act, the Administrator of General Services shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act. The report shall-- (1) assess the effectiveness of the authority to enter into agreements to enhance the value of the properties subject to the agreements; and (2) review the performance measures included in the explanatory statements submitted pursuant to section 201. (b) Report of the Comptroller General.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act.

Title II: Public-Private Partnerships - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property; and (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement.

{"src": "billsum_train", "title": "Federal Asset Management Improvement Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoor Sports Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) millions of Americans of all ages enjoy recreational fishing, sport shooting, and hunting; (2) those millions of anglers, sport shooters, and hunters are the primary source of funding for Federal and State wildlife and habitat conservation and management; (3) lead and other types of traditional fishing, shooting, and hunting implements have been used by Americans for hundreds of years; (4) alternative forms of sinkers and fishing lures are considerably more expensive than those made of traditional materials; consequently, a ban on traditional fishing implements would decrease fishing participation and impose significant additional costs on millions of Americans who fish; (5) alternative forms of ammunition and ammunition components are considerably more expensive than those made of traditional materials, and can be difficult if not impossible to obtain; consequently, a ban on traditional ammunition would decrease participation in the shooting sports and impose significant costs on the millions of American hunters and sport shooters; (6) any reduction in participation in fishing, hunting, and the shooting sports would greatly affect funding for Federal and State wildlife and habitat conservation; and (7) voluntary programs by hunters to reduce lead use have largely been successful, and in the absence of more definitive evidence of harm to the environment the Federal Government should not take steps to restrict the use of traditional hunting and fishing implements. SEC. 3. DEFINITIONS. In this Act: (1) Traditional hunting and fishing implement.--The term ``traditional hunting and fishing implement'' means any-- (A) firearm; (B) ammunition; (C) ammunition component; (D) fishing lure; (E) fishing sinker or weight; and (F) fishing line; that contains lead, zinc, copper, or brass. (2) Federal public land.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal public land'' means any land or water that is-- (i) owned by the United States; and (ii) managed by the Department of the Interior or the Department of Agriculture for purposes that include the conservation of natural resources. (B) Exclusion.--The term ``Federal public land'' does not include any land or water held in trust for the benefit of-- (i) a federally recognized Indian tribe; or (ii) a member of a federally recognized Indian tribe. SEC. 4. PROTECTION OF TRADITIONAL HUNTING AND FISHING IMPLEMENT. (a) In General.--The Administrator of the Environmental Protection Agency shall not take action to prohibit or otherwise restrict, based on material content, the manufacture, importation, sale, or use of any traditional hunting and fishing implement. (b) Report.--If the Administrator determines that the best scientific evidence available demonstrates that the use of any traditional hunting and fishing implement is having or will have a substantially detrimental effect on the environment, the Administrator shall report those findings to Congress, with any recommendation that the Administrator may have for legislative action. SEC. 5. LIMITATION ON DEPARTMENTS OF THE INTERIOR AND AGRICULTURE. (a) In General.--Subject to section 7, the Department of the Interior and the Department of Agriculture, including each agency and bureau of such Departments, shall not newly prohibit or limit, based on material content, the use of any traditional hunting and fishing implement on Federal public lands. (b) Report.--If the Secretary of the Interior or Secretary Agriculture determines that the best scientific evidence available demonstrates that the use of traditional hunting and fishing equipment is having or will have a substantially detrimental effect on the sustainability of a local fish or wildlife population, the Secretary shall report those findings to Congress, with any recommendation that the Secretary or Secretaries may have for legislative action. SEC. 6. STATE COMPLIANCE. Subject to section 7, no State or territory of the United States shall be eligible for any funding or apportionment under the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) if the State or territory prohibits or otherwise restricts, based on material content, the sale or use of any traditional hunting and fishing implement. SEC. 7. EXCEPTIONS. Nothing in this Act affects the Department of the Interior's, Department of Agriculture's, a State's, or a territory's authority to prohibit or limit, based on material content, the types of traditional hunting and fishing implements used for hunting and fishing to the extent a specific law or regulation is in effect on the date of enactment of this Act.

Outdoor Sports Protection Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or otherwise restricting, the manufacture, importation, sale, or use of any traditional hunting and fishing implement based on material content. Defines "traditional hunting and fishing implement" as any firearm, ammunition, ammunition component, fishing lure, fishing sinker or weight, and fishing line that contains lead, zinc, copper, or brass. Requires the Administrator to report any determination that the best scientific evidence available demonstrates that the use of any such implement has a substantially detrimental effect on the environment. Prohibits the Departments of the Interior and of Agriculture (USDA) from newly prohibiting or limiting the use of any such implement on federal public lands based on material content. Directs the Secretary of either department to report any determination that the best scientific evidence available demonstrates that such use has a substantially detrimental effect on the sustainability of a local fish or wildlife population. Prohibits a state or U.S. territory from being eligible for any funding or apportionment under the Pittman-Robertson Wildlife Restoration Act or the Dingell-Johnson Sport Fish Restoration Act if the state or territory newly prohibits or otherwise restricts the sale or use of any such implement based on material content.

{"src": "billsum_train", "title": "To protect the use of traditional hunting and fishing implements and to prevent unnecessary and unwarranted restrictions on the implements used by the hunting and fishing communities."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guarding American Trade Enterprises Act'' or the ``GATE Act''. SEC. 2. ENSURING THAT THE FLOW OF CARGO THROUGH UNITED STATES PORTS IS REESTABLISHED AFTER A TRANSPORTATION SECURITY INCIDENT. Section 70103(a)(2)(J) of title 46, United States Code, is amended to read as follows: ``(J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port, that includes the following: ``(i) In the event of a transportation security incident or instance of attempted transport of any implement of terrorism through the port, the Secretary shall execute the plan under this subparagraph, with such modifications as are appropriate under the circumstances that exist. ``(ii) A comprehensive rerouting plan for vessels and maritime cargo developed by the Secretary of Homeland Security in consultation with representatives from the maritime, rail, and trucking industries. ``(iii) Provisions under which-- ``(I) in the event of a transportation security incident or instance of attempted transport of any implement of terrorism through a port, the Captain of the Port may not close a port not directly involved unless the Captain of the Port determines that such closure is necessary to secure vessels or facilities from damage or injury to any harbor or waters of the United States; and ``(II) in making such determination, the Captain of the Port shall take into account the nature and extent of the threat to the safety or security of the port and the effect of such closure on maritime commerce.''. SEC. 3. REQUIREMENT TO DEVELOP AND IMPLEMENT A LONG-RANGE AUTOMATED VESSEL TRACKING SYSTEM. (a) Finding.--The Congress finds that execution of a cargo rerouting plan under the amendment made by section 2 will be greatly aided by the long-range automated vessel tracking system described in section 70115 of title 46, United States Code, and the automatic identification system described in section 70114 of title 46, United States Code. (b) Requirement.--Section 70115 of title 46, United States Code, is amended-- (1) by striking ``The Secretary may develop'' and inserting ``(a) The Secretary shall develop''; and (2) by adding at the end the following: ``(b) The Secretary shall report to the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a plan to develop and implement a system capable of tracking vessels equipped with the Global Maritime Distress and Safety System or equivalent satellite technology no later than December 31, 2004. The plan should include a timeline for development and deployment, the costs associated with research and development, deployment, and operation and maintenance, the creation of a data monitoring system and center, use of information required under section 70113, and the agency responsible for the development, implementation, operation, and maintenance of such a system. ``(c) The Secretary may use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking. ``(d) The Secretary shall require that each Marine Exchange that manages or processes information with amounts made available under this section shall make available regional vessel information to the Federal, State, and local authorities or entities with maritime transportation and security roles. ``(e)(1) There are authorized to be appropriated to the Secretary to establish and operate a secure long-range automated vessel tracking system under this section the following amounts: ``(A) $12,000,000 for the first fiscal year for which amounts are appropriated under this section. ``(B) $10,000,000 for each fiscal year thereafter, including the following amounts: ``(i) $2,000,000 for each fiscal year for building the server farms, computers, hardware, and personnel needs adequate for a full-scale secure long-range automated vessel tracking system capable of tracking 8,000 vessels around the world, with information managed and processed by 12 Marine Exchanges located around the United States at the ports of New York/New Jersey, Philadelphia, Baltimore, Hampton Roads, Florida, New Orleans, Houston, Los Angeles/Long Beach, San Francisco, Portland, Oregon, Seattle, and Alaska, of which $150,000 each fiscal year shall be available for each Ma- rine Exchange. ``(ii) $1,000,000 for each fiscal year for 24-hour- a-day, 7-days-a-week operation of a central coordinating secure automated vessel tracking system command center, including T1 lines, staff, servers, phones, and a building. ``(iii) $3,500,000 for each fiscal year for satellite transmission fees to track 8,000 vessel positions every 3 hours, or at such more frequent rate as may be needed. ``(iv) $3,000,000 for each fiscal year for software and display fees to the Secure Asset Reporting Service, including for software, servers, modifications, and control of access to the system. ``(v) $500,000 for each fiscal year for software modifications, recapitalization of computers, servers, and other matters. ``(2) Amounts appropriated under this subsection shall be managed by the Chief Information Officer of the Department of Homeland Security at such time as the Coast Guard is operating in the Department of Homeland Security.''.

Guarding American Trade Enterprises Act or GATE Act - Amends Federal maritime law to direct the Secretary of Transportation to include within the National Maritime Transportation Security Plan a plan for ensuring that the flow of cargo through U.S. ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port. Requires (currently authorizes) the Secretary to develop and implement a long-range automated vessel tracking system for all vessels in U.S. waters equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. Directs the Secretary to report to specified congressional committees a plan to develop and implement such system no later than December 31, 2004. Authorizes the Secretary to use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking.

{"src": "billsum_train", "title": "To amend title 46, United States Code, to modify requirements applicable to the National Maritime Transportation Security Plan with respect to ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident, to require the Secretary of the department in which the Coast Guard is operating to develop and implement a secure long-range automated vessel tracking system, to aid maritime security, efficiency, and safety, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Kids Outdoors Act of 2011''. SEC. 2. FINDINGS. Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7\1/2\ hours every day in front of electronic media. (2) The health of our children is at risk as evidenced by the growing obesity crisis where, during the 20-year period between 1991 and 2011, the childhood obesity rate has more than doubled and the adolescent obesity rate has tripled, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or ``gateway communities'', and State fish and wildlife agencies rely on revenue generated when individuals spend time outdoors to create jobs in local communities. (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many Americans to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Visitation to our Nation's public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation's public lands. (8) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America's natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (9) Spending time outdoors in nature is beneficial to our children's physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children's risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self- confidence, and respect the value of nature. (11) Spending time in green spaces outside the home, including parks, play areas, and garden, can increase concentration, inhibition of initial impulses, and self- discipline and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (14) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (15) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (16) A direct childhood experience with nature before the age of 11 promotes a long-term connection to nature. (17) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (18) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (19) States nationwide and their community based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (20) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide healthy outdoor opportunities for children and families. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners.--The term ``local partners'' means a municipality, entity of local or tribal government, parks and recreation departments or districts, Indian tribe, school district, institution of higher education, nonprofit organization, or a consortium of local partners. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any Indian tribe. SEC. 4. COOPERATIVE AGREEMENTS FOR DEVELOPMENT OR IMPLEMENTATION OF HEALTHY KIDS OUTDOORS STATE STRATEGIES. (a) In General.--The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a ``Healthy Kids Outdoors State Strategy'', designed to encourage Americans, especially children, youth, and families, to be physically active outdoors. (b) Submission and Approval of Strategies.-- (1) Applications.--An application for a cooperative agreement under subsection (a) shall-- (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review.--Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update.--An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive Strategy Requirements.--The Healthy Kids Outdoors State Strategy under subsection (a) shall include-- (1) a description of how the eligible entity will encourage Americans, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal-- (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect Americans, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the state; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local Planning and Implementation.-- (1) In general.--A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities.--Program activities may include-- (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for Americans, especially children, youth, and families. (e) Priority.--In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines.--Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for-- (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting.--Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity's evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of Funds.--An eligible entity receiving funding under subsection (a) for a fiscal year-- (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match.--An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. SEC. 5. NATIONAL STRATEGY FOR ENCOURAGING AMERICANS TO BE ACTIVE OUTDOORS. (a) In General.--Not later than September 30, 2012, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include-- (1) identification of barriers to Americans, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of Americans, especially children, youth, and families, spending less active time outdoors on-- (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy Development.-- (1) Public participation.--Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting Americans, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy.--The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. SEC. 6. NATIONAL EVALUATION OF HEALTH IMPACTS. The Secretary, in coordination with the Secretary of Health and Human Services, shall-- (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. SEC. 7. TECHNICAL ASSISTANCE AND BEST PRACTICES. The Secretary shall-- (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging Americans, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $1,000,000 for fiscal year 2013; (2) $2,000,000 for fiscal year 2014; (3) $3,000,000 for fiscal year 2015; (4) $4,000,000 for fiscal year 2016; and (5) $5,000,000 for fiscal year 2017. (b) Limitation.--Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, Not Supplant.--Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage Americans, especially children, youth, and families to be physically active outdoors.

Healthy Kids Outdoors Act of 2011 - Authorizes the Secretary of the Interior to issue one cooperative agreement per state to eligible entities to implement and update a five-year Healthy Kids Outdoors State Strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Requires each Strategy to provide for subgrants to local partners for the implementation of the strategy through one or more of the program activities relating to outdoor recreation as described in this Act. Requires eligible entities to provide a 25% match of the funding that they receive under this Act through in-kind contributions or cash. Directs the President to issue a national strategy for encouraging Americans to be physically active outdoors. Directs the Secretary and the Secretary of Health and Human Services (HHS) to carry out a study of national significance on the health impacts of the strategies under this Act. Requires the Secretary to provide technical assistance to grantees and to disseminate best practices that emerge from the state strategies funded by this Act.

{"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to carry out programs and activities that connect Americans, especially children, youth, and families, with the outdoors."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``White River National Forest Improvement Act of 2004''. SEC. 2. ADMINISTRATIVE SITES CONVEYANCE AUTHORITY, WHITE RIVER NATIONAL FOREST, COLORADO. (a) Findings.--The Congress finds the following: (1) The White River National Forest in Colorado (in this section referred to as the ``Forest'') is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. (2) The recently completed facility master plan for the Forest, entitled ``Facility Master Plan, White River National Forest'' and dated March 2003, including Appendix 3 of the plan, entitled ``Baseline Analysis and Strategic Recommendations'' (in this section referred to as the ``Facility Master Plan and Appendix 3''), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (b) Special Conveyance Authority.-- (1) Authority provided.--The Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A) Parcel a.--Shop/Barracks/Residential Compound, 10.9 acres, more or less. (B) Parcel b.--Eagle D.O. and dwelling unit, 0.3 acres, more or less. (C) Parcel c.--Eagle Shop/Pasture compound, 8.0 acres, more or less. (D) Parcel d.--Washington Street Residence, 0.2 acres, more or less. (E) Parcel e.--Holy Cross D.O. (Dowd Junction), 10 acres, more or less. (F) Parcel f.--Martin Property, 11.7 acres, more or less. (G) Parcel g.--Bone Yard/Storage Area, 5 acres, more or less. (H) Parcel h.--Housing Compound, 7 acres, more or less. (I) Parcel i.--Cross Creek Parcel, 10 acres, more or less. (J) Parcel j.--Dwelling 355 Fairway, 0.2 acres, more or less. (K) Parcel k.--Dwelling 236 Fairway, 0.2 acres, more or less. (L) Parcel l.--Sopris D.O. (Site #300), 1.2 acres, more or less. (M) Parcel m.--Sopris Pasture (Site #380), 11 acres, more or less. (N) Parcel n.--Old Tree Nursery (Site #360), 29 acres, more or less. (O) Parcel o.--SO Shop (Site #610), 0.66 acres, more or less. (P) Parcel p.--Airport Site, 4.0 acres, more or less. (2) Inclusion of additional parcels.--The Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. (3) Descriptions.--The Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance. (c) Consideration.-- (1) Acceptance and forms.--As consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. (2) Use.--Subject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (3) Valuation.--Any appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Cash equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed under this section by exchange. (d) Methods and Manner of Conveyance.-- (1) Solicitations of offers.--The Secretary of Agriculture may-- (A) solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (2) Use of competitive methods.--The Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3) Use of brokers.--The Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered. (e) Treatment of Receipts.-- (1) Deposit in sisk act fund.--The Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). (2) Relation to other forest receipts.--The receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 (16 U.S.C. 500), or the Act of March 4, 1913 (16 U.S.C. 501). (3) Use of receipts.--Amounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c). (f) Miscellaneous Provisions.-- (1) Withdrawal.--Subject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2) Inapplicable authorities.--Subchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (g) Authorization for Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

White River National Forest Improvement Act of 2004 - Authorizes the Secretary of Agriculture to: (1) sell, lease, exchange, or otherwise convey all right of the United States in specified parcels of real property within the White River National Forest, Colorado; and (2) accept cash, land, improvements, and operational and maintenance services related to the administrative facilities of the Forest. Directs the Secretary to utilize such parcels and the consideration received in connection with implementing the financial arrangements, including public-private partnership transactions and full solution transactional packages. Authorizes the Secretary to modify the details of the Facility Master Plan and Appendix 3 of the plan (entitled "Baseline Analysis and Strategic Recommendations") consistent with the goal of solving the facilities needs of the Forest. Requires that any appraisal of real property considered necessary or desirable by the Secretary to carry out the conveyance conform to the Uniform Appraisal Standards for Federal Land Acquisitions. Permits the Secretary to accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed by exchange. Sets forth provisions regarding solicitations of offers, use of competitive methods, and use of brokers. Directs the Secretary to deposit the net receipts of a conveyance into the fund established by the Sisk Act.

{"src": "billsum_train", "title": "To provide special authority to the Secretary of Agriculture to convey certain Forest Service administrative sites in the White River National Forest in Colorado, to reserve the proceeds from such conveyances to help resolve the facilities needs of that national forest, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institutions Examination Fairness and Reform Act''. SEC. 2. TIMELINESS OF EXAMINATION REPORTS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: ``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS. ``(a) In General.-- ``(1) Final examination report.--A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of-- ``(A) the exit interview for an examination of the institution; or ``(B) the provision of additional information by the institution relating to the examination. ``(2) Exit interview.--If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Director describing with particularity the reasons that a longer period is needed to complete the examination. ``(b) Examination Materials.--Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination.''. SEC. 3. INDEPENDENT EXAMINATION REVIEW DIRECTOR. (a) In General.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW. ``(a) Establishment.--There is established in the Council an Office of Independent Examination Review. ``(b) Head of Office.--There is established the position of the Independent Examination Review Director, as the head of the Office of Independent Examination Review. The Director shall be appointed by the Federal Financial Institutions Examination Council. ``(c) Staffing.--The Director is authorized to hire staff to support the activities of the Office of Independent Examination Review. ``(d) Duties.--The Director shall-- ``(1) receive and, at the discretion of the Director, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; ``(2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; ``(3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; ``(4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; ``(5) adjudicate any supervisory appeal initiated under section 1014; and ``(6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council's recommendations for improvements in examination procedures, practices, and policies. ``(e) Confidentiality.--The Director shall keep confidential all meetings, discussions, and information provided by financial institutions.''. (b) Definition.--Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by adding ``and'' at the end; and (3) by adding at the end the following: ``(4) the term `Director' means the Independent Examination Review Director established under section 1013(a) and (b).''. SEC. 4. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. The Federal Financial Institutions Examination Council Act of 1978, as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. ``(a) In General.--A financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination. ``(b) Notice.-- ``(1) Timing.--A financial institution seeking review of a material supervisory determination under this section shall file a written notice with the Director within 60 days after receiving the final report of examination that is the subject of such review. ``(2) Identification of determination.--The written notice shall identify the material supervisory determination that is the subject of the independent examination review, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. ``(3) Information to be provided to institution.--Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. ``(c) Right to Hearing.-- ``(1) In general.--The Director shall-- ``(A) determine the merits of the appeal on the record; or ``(B) at the election of the financial institution, refer the appeal to an administrative law judge to conduct a hearing pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code, which shall take place not later than 60 days after the petition for review is received by the Director. ``(2) Timing of decision.--An administrative law judge conducting a hearing under paragraph (1)(B) shall issue a proposed decision to the Director based upon the record established at the hearing. ``(3) Standard of review.--In any hearing under this subsection-- ``(A) neither the administrative law judge nor the Director shall defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency's decision based upon the relevant statutes, regulations, other appropriate guidance, evidence presented at the hearing. ``(d) Final Decision.--A decision by the Director on an independent review under this section shall-- ``(1) be made not later than 60 days after the record has been closed; and ``(2) be deemed final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. ``(e) Right to Judicial Review.--A financial institution shall have the right to petition for review of the decision of the Director under this section by filing a petition for review not later than 60 days after the date on which the decision is made in the United States Court of Appeals for the District of Columbia Circuit or the Circuit in which the financial institution is located. ``(f) Report.--The Director shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken under this section, including the types of issues that the Director has reviewed and the results of those reviews. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. ``(g) Retaliation Prohibited.--A Federal financial institutions regulatory agency may not-- ``(1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or ``(2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section.''. SEC. 5. ADDITIONAL AMENDMENTS. (a) Regulator Appeals Process, Ombudsman, and Alternative Dispute Resolution.-- (1) In general.--Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806) is amended-- (A) in subsection (a), by inserting after ``appropriate Federal banking agency'' the following: ``, the Bureau of Consumer Financial Protection,''; (B) in subsection (b)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as redesignated), by striking ``In establishing'' and inserting ``(1) In general.--In establishing''; (iii) in paragraph (1)(B) (as redesignated), by striking ``the appellant from retaliation by agency examiners'' and inserting ``the insured depository institution or insured credit union from retaliation by an agency referred to in subsection (a)''; and (iv) by adding at the end the following: ``(2) Retaliation.--For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution's or credit union's rights under this section.''; (C) in subsection (e)(2)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection.''; and (D) in subsection (f)(1)(A)-- (i) in clause (ii), by striking ``; and'' and inserting a semicolon; (ii) in clause (iii), by striking ``; and'' and inserting a semicolon; and (iii) by adding at the end the following: ``(iv) any issue specifically listed in an exam report as a matter requiring attention by the institution's management or board of directors; and ``(v) any suspension or removal of an institution's status as eligible for expedited processing of applications, requests, notices, or filings on the grounds of a supervisory or compliance concern, regardless of whether that concern has been cited as a basis for a material supervisory determination or matter requiring attention in an examination report, provided that the conduct at issue did not involve violation of any criminal law; and''. (2) Effect.--Nothing in this subsection affects the authority of an appropriate Federal banking agency or the National Credit Union Administration Board to take enforcement or other supervisory action. (b) Federal Credit Union Act.--Section 205(j) of the Federal Credit Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of Consumer Financial Protection,'' before ``the Administration'' each place that term appears. (c) Federal Financial Institutions Examination Council Act.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by sections 2 through 4 of this Act, is further amended-- (1) in section 1003 (12 U.S.C. 3302)-- (A) by striking paragraph (1) and inserting the following: ``(1) the term `Federal financial institutions regulatory agencies'-- ``(A) means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration; and ``(B) includes the Bureau of Consumer Financial Protection for purposes of sections 1012 through 1014;''; and (B) in paragraph (3), by striking the semicolon at the end and inserting a period; and (2) in section 1005 (12 U.S.C. 3304), by striking ``One- fifth'' and inserting ``One-fourth''.

Financial Institutions Examination Fairness and Reform Act Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Establishes in the Federal Financial Institutions Examination Council the Office of Independent Examination Review, headed by a Director appointed by the Council. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Director to determine the merits of the appeal on the record, or, at the election of the financial institution, refer the appeal to an administrative law judge. Declares the decision by the Director on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Grants a financial institution the right to petition for judicial review of the Director's decision. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by either the CFPB, the National Credit Union Administration Board, or any other federal banking agency for exercising its rights.

{"src": "billsum_train", "title": "Financial Institutions Examination Fairness and Reform Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``NASA and JPL 50th Anniversary Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary) shall mint and issue the following coins: (1) $50 gold coins.--Not more than 50,000 $50 gold coins which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 400,000 $1 coins of each of the 9 designs specified in section 3(a)(3)(B), which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $50 coins.-- (i) Obverse.--The obverse of the $50 coins issued under this Act shall bear an image of the sun. (ii) Reverse.--The reverse of the $50 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (iii) Edge.--The edge of the $50 coins issued under this Act shall bear the names and dates of the spacecraft missions on which United States astronauts lost their lives over the course of the space program. (iv) High relief.--The design and inscriptions on the obverse and reverse of the $50 coins issued under this Act shall be in high relief. (B) $1 coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear 9 different designs each of which shall consist of an image of 1 of the 9 planets of the solar system, including Earth. (ii) Reverse.--The reverse of the $1 coins issued under this Act shall bear different designs each of which shall be emblematic of discoveries and missions of the Jet Propulsion Laboratory to the planet depicted on the obverse of the coin, subject to the following requirements: (I) Earth coin.--The reverse of the $1 coins issued under this Act which bear an image of the Earth on the obverse shall bear images emblematic of, and honoring, the discoveries and missions of the National Aeronautics and Space Administration, the Mercury, Gemini and Space Shuttle missions and other manned Earth-orbiting missions, and the Apollo missions to the Moon. (II) Jupiter coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Jupiter on the obverse shall include a scientifically accurate depiction of the Galilean moon Europa and depict both a past and future mission to Europa. (III) Saturn coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Saturn on the obverse shall include a scientifically accurate depiction of the moon Titan and depict both a past and a future mission to Titan. (IV) Pluto coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Pluto on the obverse shall include a design that is emblematic of telescopic exploration of deep space by the National Aeronautics and Space Administration and the ongoing search for Earth-like planets orbiting other stars. (iii) Edge.--It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin should bear the names and dates or range of dates of missions or mission types to the planet depicted on the obverse. (4) Realistic and scientifically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 4. SYMBOLIC INCLUSION OF METALS THAT HAVE FLOWN IN SPACE. (a) Collection.--Each Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall-- (1) retrieve such gold, silver, copper, and other metals that the Director of the United States Mint determines are appropriate for use in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such metals so retrieved with the Director of the United States Mint. (b) Use of Metals in Production of Coins.--Any metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such metals with other metal necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of metals so deposited. (c) Recordkeeping.--It is the sense of the Congress that each Federal agency and instrumentality of the United States which retrieves any metals in accordance with subsection (a) should maintain accurate and complete records of the retrieval and deposit of any such metals sufficient to allow the Director of the United States Mint-- (1) to provide certificates of authenticity with coins issued under this Act that some proportion of the contents of such coins were obtained from craft or parts of crafts that flew in space; and (2) to package with each issued coin a list of the missions in which such craft flew in space. (d) Private Spacecraft.-- (1) In general.--Each Federal agency and instrumentality of the United States that has or continues to conduct space- related missions shall, in addition to the efforts described in subsection (a), make efforts to secure and retrieve from privately-held craft that has flown in space such gold, silver, copper and other metals that the Director of the United States Mint determines are appropriate for use in the production of any coins under this Act. (2) Recordkeeping.--It is the sense of the Congress that each Federal agency and instrumentality of the United States which retrieves any metals pursuant to paragraph (1) from privately-held craft that has flown in space should comply with the recordkeeping procedures described in subsection (c) with respect to such metal. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality only. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2008. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (c) Presentation.--In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary of the Treasury determines to be appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $50 gold coin in the center surrounded by the $1 silver coins in an elliptical orbit. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $50 per coin for the $50 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly distributed as follows: (1) The first $1,000,000 available for distribution under this section, to the NASA Family Assistance Fund for the purposes of providing need-based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties. (2) Of amounts available for distribution after the payment under paragraph (1), \1/2\ to the Secretary of the Smithsonian Institution for the preservation, maintenance, and display of space artifacts at the National Air and Space Museum (including the Steven F. Udvar-Hazy Center). (3) Of amounts available for distribution after the payment under paragraph (1), \1/2\ to the Secretary of the Smithsonian Institution for the express purpose of providing funding for the establishment of a new stand-alone National Museum of Money. (c) Audits.--The NASA Family Assistance Fund and the Secretary of the Smithsonian Institution shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. BRONZE DUPLICATES. The Secretary may strike and sell bronze duplicates of the $50 gold coins authorized under this Act, at a price the Secretary determines to be appropriate. Passed the House of Representatives July 12, 2005. Attest: JEFF TRANDAHL, Clerk.

NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) 50 dollar gold coins; and (2) one dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality, including the Department of Defense, the Smithsonian Institution, NASA, and JPL, that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other metals that are appropriate for use in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Expresses the sense of the Congress that each Federal agency and U.S. instrumentality which retrieves any metals as described above should maintain accurate and complete records of the retrieval and deposit of any such metals sufficient to allow the Director to: (1) provide certificates of authenticity with coins issued under this Act that some proportion of the contents of such coins were obtained from craft or parts of crafts that flew in space; and (2) package with each issued coin a list of the missions in which such craft flew in space. Directs each federal agency and U.S. instrumentality that has or continues to conduct space-related missions, in addition to the efforts at retrieving metals described above, to make efforts to secure and retrieve from privately-held craft flown in space such gold, silver, copper, and other metals that the Director determines are appropriate for use in the production of any coins under this Act. Expresses the sense of the Congress that each Federal agency and U.S. instrumentality which retrieves any such metals should comply with the recordkeeping procedures described above with respect to such metal. Requires the Secretary, in addition to the issuance of coins under this Act in such other methods of presentation that the Secretary determines to be appropriate, to provide, as a sale option, a presentation case that displays the $50 gold coin in the center surrounded by the one dollar silver coins in an elliptical orbit. Requires that all sales of coins minted under this Act include a surcharge of $50 per coin for the $50 dollar coin and $10 per coin for the one dollar coin, which shall be promptly distributed as follows: (1) the first $1 million, to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties; and (2) of amounts available for distribution after such payment, half to the Secretary of the Smithsonian Institution for the preservation, maintenance, and display of space artifacts at the National Air and Space Museum, including the Steven F. Udvar-Hazy Center, and half to such Secretary for the express purpose of providing funding for the establishment of a new National Museum of Money. Authorizes the Secretary of the Treasury to strike and sell bonze duplicates of the $50 gold coins authorized under this Act.

{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Savings Promotion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the annual savings rate in the United States was 4.1 percent in 2012; (2) more than 40 percent of American households lack the savings to cover basic expenses for 3 months, if an unexpected event leads to a loss of stable income; (3) personal savings provide Americans with the financial resources to meet future needs, including higher education and homeownership, while also providing a safety net to weather unexpected financial shocks; (4) prize-linked savings products are typical savings products offered by financial institutions, like savings accounts, certificates of deposit, and savings bonds, with the added feature of offering chances to win prizes based on deposit activity; (5) the State of Michigan was the first State to allow credit unions to offer prize-linked savings products, and in 2009 launched the first large-scale prize-linked savings product in the United States; (6) the States of Connecticut, Michigan, Maine, Maryland, Nebraska, North Carolina, Rhode Island, and Washington all have laws that allow financial institutions to offer prize-linked savings products; (7) in the States of Michigan and Nebraska, more than 42,000 individuals have opened prize-linked savings accounts and saved more than $72,000,000; (8) prize-linked savings products have been shown to successfully attract non-savers, the asset poor, and low-to- moderate income groups, providing individuals with a new tool to build personal savings; and (9) encouraging personal savings is in the national interest of the United States. SEC. 3. AMENDMENT TO DEFINITIONS OF ``LOTTERY''. (a) National Banks.--Section 5136B(c) of the Revised Statutes of the United States (12 U.S.C. 25a(c)) is amended-- (1) in paragraph (2), by inserting ``, other than a savings promotion raffle,'' before ``whereby''; and (2) by adding at the end the following: ``(4) The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (b) Federal Reserve Banks.--Section 9A(c) of the Federal Reserve Act (12 U.S.C. 339(c)) is amended-- (1) in paragraph (2), by inserting ``, other than a savings promotion raffle,'' before ``whereby''; and (2) by adding at the end the following: ``(4) The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (c) Insured Depository Institutions.--Section 20(c) of the Federal Deposit Insurance Act (12 U.S.C. 1829a(c)) is amended-- (1) in paragraph (2), by inserting ``, other than a savings promotion raffle,'' before ``whereby''; and (2) by adding at the end the following: ``(4) The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (d) Federal Savings and Loan Associations.--Section 4(e)(3) of the Home Owners' Loan Act (12 U.S.C. 1463(e)(3)) is amended-- (1) in subparagraph (B), by inserting ``, other than a savings promotion raffle,'' after ``arrangement''; and (2) by adding at the end the following: ``(D) Savings promotion raffle.--The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. SEC. 4. CRIMINAL PROVISIONS. (a) In General.--Chapter 61 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1308. Limitation of applicability ``(a) Limitation of Applicability.--Sections 1301, 1302, 1303, 1304, and 1306 shall not apply-- ``(1) to a savings promotion raffle conducted by an insured depository institution or an insured credit union; or ``(2) to any activity conducted in connection with any such savings promotion raffle, including, without limitation, to the-- ``(A) transmission of any advertisement, list of prizes, or other information concerning the savings promotion raffle; ``(B) offering, facilitation, and acceptance of deposits, withdrawals, or other transactions in connection with the savings promotion raffle; ``(C) transmission of any information relating to the savings promotion raffle, including account balance and transaction information; and ``(D) deposit or transmission of prizes awarded in the savings promotion raffle as well as notification or publication thereof. ``(b) Definitions.--In this section-- ``(1) the term `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(2) the term `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(3) the term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 61 of title 18, United States Code, is amended by adding after the item relating to section 1307 the following: ``1308. Limitation of applicability.''. SEC. 5. RACKETEERING. Chapter 95 of title 18, United States Code, is amended-- (1) in section 1952, by adding at the end the following: ``(e)(1) This section shall not apply to a savings promotion raffle conducted by an insured depository institution or an insured credit union. ``(2) In this subsection-- ``(A) the term `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(B) the term `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(C) the term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''; (2) in section 1953-- (A) in subsection (b), by striking ``or (5)'' and inserting ``(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6)''; and (B) by striking subsections (d) and (e) and inserting the following: ``(d) For purposes of this section-- ``(1) the term `foreign country' means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions); ``(2) the term `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(3) the term `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(4) the term `lottery'-- ``(A) means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers; and ``(B) does not include the placing or accepting of bets or wagers on sporting events or contests; ``(5) the term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)); and ``(6) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.''; and (3) in section 1955-- (A) in subsection (b)-- (i) by redesignating paragraph (2) as paragraph (4); (ii) by redesignating paragraph (3) as paragraph (6); (iii) by inserting after paragraph (1) the following: ``(2) `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). ``(3) `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).''; and (iv) by inserting after paragraph (4), as redesignated, the following: ``(5) `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''.

American Savings Promotion Act - Amends the Revised Statutes of the United States, the Federal Reserve Act, the Federal Deposit Insurance Act, and the Home Owners' Loan Act to authorize covered financial institutions to conduct a contest, known as a "savings promotion raffle," in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or program, where each ticket or entry has an equal chance of being drawn. Subjects such a drawing contest to regulations promulgated by the appropriate prudential regulator. Excludes such a "savings promotion raffle" from the prohibition against a covered financial institution's dealing in "lottery" tickets. Amends the federal criminal code to exempt savings promotion raffles conducted by an insured depository institution or an insured credit union from specified prohibitions against interstate and foreign travel or transportation in aid of racketeering enterprises.

{"src": "billsum_train", "title": "American Savings Promotion Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Financial Protection Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) On October 3, 2013, Jerome H. Powell, member of the Board of Governors of the Federal Reserve System, told the Conference of State Bank Supervisors that ``community bankers, who played no part in causing the financial crisis, have been forced to fight to ensure that they are not swept up in the torrent of costly new regulations''. (2) The profitability, and even survival, of credit unions and community and independent depository institutions is threatened by the material rise in costs of compliance, which are largely driven by resources and personnel necessary to interact with a greater number of Federal regulators and respond to an ever-growing list of required reports and special data requests. SEC. 3. PRUDENTIAL REGULATOR AS CONDUIT FOR REPORT REQUESTS. Section 1026(b) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5516(b)) is amended to read as follows: ``(b) Reports.-- ``(1) Definition.--In this subsection, the term `publicly available information' means-- ``(A) a Report of Condition and Income submitted to the Federal Deposit Insurance Corporation or the Federal Financial Institutions Examination Council; ``(B) a Thrift Financial Report submitted to the Office of Thrift Supervision; ``(C) a Financial Performance Report submitted to the National Credit Union Administration; or ``(D) any report that is designated by the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Financial Institutions Examination Council, or the National Credit Union Administration, as applicable, as a successor to any report described in subparagraph (A), (B), or (C). ``(2) Requests for reports from prudential regulators.-- ``(A) In general.--In order to minimize regulatory burden, the Director shall request reports through the prudential regulator from a person described in subsection (a), as necessary to-- ``(i) support the role of the Bureau in implementing Federal consumer financial laws; ``(ii) support examination activities of the Bureau under subsection (c); and ``(iii) assess and detect risks to consumers and consumer financial markets. ``(B) Institution-specific requests.--The Director may not make a request under subparagraph (A) for an industry-wide report or a report pertaining to 2 or more persons described in subsection (a). ``(C) Publicly available information.--The Director may make a request under subparagraph (A) only if the Director makes a showing to the prudential regulator that publicly available information pertaining to a person described in subsection (a) is insufficient for the purposes described in clauses (i), (ii), and (iii) of subparagraph (A). ``(D) Denial of requests.--The prudential regulator may deny any request for a report or information made by the Director under subparagraph (A). ``(3) Use of existing reports.-- ``(A) In general.--If a prudential regulator determines to fulfill a request for a report made by the Director under paragraph (2), the prudential regulator shall, to the fullest extent possible, fulfill the request with reports pertaining to a person described in subsection (a) that have been provided or are required to have been provided to a Federal or State agency. ``(B) Fulfilling report requests through multiple sources.--The Director shall accept existing reports in satisfaction of the requirements of this subsection in formats consistent with those submitted to the prudential regulator and Federal and State agencies, including multiple reports, if the prudential regulator has determined that the reports provide the information requested by the Director.''.

Community Financial Protection Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to request reports through the prudential regulator from a person that is either an insured depository institution or an insured credit union with total assets of $10 billion or less (persons). Prohibits the Director from making such requests for an industry-wide report, or for a report pertaining to two or more such persons. Requires the Director, as a prerequisite to making such request, to make a showing to the prudential regulator that publicly available information pertaining to such person(s) is insufficient for the purposes of either: (1) supporting the role of the CFPB in implementing federal consumer financial laws; (2) supporting examination activities of the CFPB; or (3) risk assessment and detection concerning consumers and consumer financial markets. Authorizes the prudential regulator to deny any request for a report or information made by the Director with respect to such persons. Requires the prudential regulator who fulfills the Director's request for a report to do so with reports that have been furnished to a federal or state agency (or are required to have been furnished to a federal or state agency. Instructs the Director to accept existing reports in formats consistent with those submitted to the prudential regulator and federal and state agencies if the prudential regulator has determined that they provide the information requested.

{"src": "billsum_train", "title": "Community Financial Protection Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Homeowner Refinancing Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``current borrower'' means a mortgagor who is current on the subject mortgage at the time of the refinancing, and has had no late payments in the preceding 6 months and not more than 1 late payment in the preceding 12 months; (2) the term ``eligible mortgage'' means any mortgage that-- (A) is an existing first mortgage that was made for purchase of, or refinancing of another first mortgage on, a 1- to 4-family dwelling, including a condominium or a share in a cooperative ownership housing association; (B) was originated or refinanced on or before May 31, 2009, unless that date is extended by the Director under FHFA's preexisting authority to do so; (C) is owned or guaranteed by an enterprise; (D) with respect to which, the mortgagor is a current borrower; and (E) includes existing first mortgages with a loan- to-value ratio of less than 80 percent. (3) the term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (4) the terms ``FHFA'' and ``Director'' mean the Federal Housing Finance Agency and the Director thereof, respectively; (5) the terms ``Home Affordable Refinance Program'' and ``Program'' mean the Home Affordable Refinance Program, administered by the FHFA and the enterprises as part of the Making Home Affordable initiative announced on March 4, 2009; (6) the term-- (A) ``LTV'' means loan-to-value, or the ratio of the amount of the primary mortgage on a property to the value of that property; and (B) ``CLTV'' means combined loan-to-value, or the ratio of all mortgage debt on a property to the value of the property; (7) the term ``same servicer'' means a lender that is providing refinancing for a borrower whose loan they already service; (8) the term ``qualified lender'' means a lender that is participating in the Program; (9) the term ``guarantee fee'' has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4547(a)); and (10) the term ``average fees'' means the average contractual fee rate of single-family guaranty arrangements charged by an enterprise on April 1, 2012, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points, such definition to be interpreted in a manner consistent with the annual report on guarantee fees by the FHFA. SEC. 3. STREAMLINED REFINANCING CRITERIA UNDER THE PROGRAM. (a) In General.--In carrying out the Home Affordable Refinance Program, each enterprise shall adopt and adhere to the criteria established under this section. (b) Borrower Eligibility.--The enterprises shall include as eligible borrowers in the Home Affordable Refinance Program all current borrowers who have an eligible mortgage and meet those underwriting requirements for eligibility for same servicer refinancing in the Program as of March 1, 2012, except that the enterprises may not disqualify or impose varying rules within the Program for borrowers based on LTV, CLTV, employment status or income. (c) Additional Relief From Representations and Warranties.--The enterprises shall not require of any qualified lender executing a loan under the Program any representations or warranties-- (1) for the value, marketability, condition, or property type of the loan, as such loan characteristics are evidenced by an appraisal or alternative valuation method, provided that the lender complies with the enterprises' required methods and standards for ordering an appraisal under the Program; or (2) that are not required of same servicers under the Program as of March 1, 2012, whether that loan is manually underwritten or underwritten through an automated system, except that, under no circumstances shall greater representations and warranties be required for a loan that is manually underwritten than for one that is underwritten through an automated system. (d) Prohibition on Up-front Fees.--In carrying out the Program, the enterprises may not charge the qualified lender any loan level price adjustment, post settlement delivery fee, adverse delivery charge, or other similar up-front fee. (e) Appraisals.--The enterprises shall develop and allow alternative streamlined methods to determine the value of the property for which refinancing is sought through the Program that eliminate the costs to the borrower and qualified lender associated with such determination. Until such time as such method is developed, and when the existing automated valuation models of the enterprises are unable to determine the value of a certain property for which refinancing is sought through the Program, the enterprises shall bear the costs associated with the use of manual appraisal of that property, without passing on such costs to the borrower or qualified lender. (f) Limitation.--Notwithstanding any provision of the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), an enterprise may purchase or guarantee any new mortgage resulting from the refinancing of an eligible mortgage pursuant to this section, if at the time of origination of the eligible mortgage, the eligible mortgage complied with the applicable limitation governing the maximum original principal obligation on conventional mortgages that may be purchased or guaranteed by that enterprise. (g) Guarantee Fees.-- (1) In general.-- (A) Average fee.--On each mortgage refinanced under the Program in accordance with this section, the enterprises shall set the average fee required under this Act, as determined by the Director in an amount not less than the average fees charged by the enterprises as of April 1, 2012, for such guarantees. The Director shall prohibit an enterprise from offsetting the cost of the fee to the mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. (B) Authority to limit offer of guarantee.--The Director shall prohibit an enterprise from consummating any offer for a guarantee to a qualified lender for mortgage-backed securities, if the guarantee is inconsistent with the requirements of this section. (2) Information collection and analysis.--The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress, for loans refinanced under the Program-- (A) a description of changes made to up-front fees and annual fees as part of the guarantee fees negotiated with qualified lenders; and (B) an assessment of how the changes in the guarantee fees described in subparagraph (A) met the requirements of paragraph (1). (h) Regulations.--Not later than 30 days after the date of enactment of this Act, the Director shall issue any regulations or guidance necessary to carry out the changes to the Program established under this section, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. (i) Termination.--The requirements of this section shall expire concurrent with the expiration of the Program. (j) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to supersede, preempt, or otherwise nullify the requirement that a loan refinanced under the Program must benefit the borrower. (2) Definition.--For purposes of paragraph (1), a loan refinanced under the Program benefits the borrower, if the refinanced loan results in-- (A) reduction in payment; (B) reduction in interest rate; (C) movement to a more stable product, such as from an adjustable rate mortgage to a fixed rate mortgage; or (D) reduction in amortization term. SEC. 4. INFORMATION FOR BORROWERS ON ELIGIBILITY FOR THE PROGRAM. (a) Notice to Borrowers.--Not later than 60 days after the date of enactment of this Act, the enterprises shall notify all borrowers with a mortgage owned or guaranteed by an enterprise about the Program and its eligibility criteria, and inform borrowers of the website required under subsection (b). (b) Public Access to Eligibility Criteria.--The Director shall establish, and the enterprises shall display a link on their homepages to, a single website where borrowers may-- (1) determine their potential eligibility for participation in the Program; (2) see a complete list of and links to qualified lenders; (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates; and (4) obtain tips on refinancing their loan. SEC. 5. CONSISTENT REFINANCING GUIDELINES REQUIRED. Not later than 60 days after the date of enactment of this Act, the Director shall issue guidance to require the enterprises to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than an 80 percent loan-to-value ratio and closing cost policies of the enterprises, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. SEC. 6. PROGRESS REPORTS. The Director shall provide to Congress monthly reports on the progress of the Program, and each enterprise shall include and disclose, as part of its filings with the Securities and Exchange Commission on Form 10-Q, Form 10-K, or any successors thereto, detailed information on each enterprise's progress and results in implementing and executing the Program. SEC. 7. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

Responsible Homeowner Refinancing Act of 2012 - Requires the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs), in carrying out the Home Affordable Refinance Program, to adopt specified criteria pertaining to: (1) borrower eligibility, (2) representations and warranties, (3) prohibition on up-front fees, (4) alternative streamlined methods to determine the value of a property, (5) the purchase or guarantee of any new mortgage resulting from the refinancing of an eligible mortgage, and (6) guarantee fees. Requires the GSEs to notify all borrowers with a mortgage owned or guaranteed by a GSE about the Program and its eligibility criteria, and inform borrowers of the website required below. Directs the Director of the Federal Housing Finance Agency (FHFA) to establish a single website where borrowers may: (1) determine their potential eligibility for participation in the Program, (2) see a complete list of and links to qualified lenders, (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates, and (4) obtain tips on refinancing their loan. Directs the Director of FHFA to issue guidance to require the GSEs to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than 80% loan-to-value ratio and closing cost policies of the GSEs, which regulations or guidance shall be put into effect not later than 90 days after the enactment of this Acts.

{"src": "billsum_train", "title": "A bill to provide for the expansion of affordable refinancing of mortgages held by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation."}

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Medical Technology, Public Health, and Innovation Act of 1997''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). SEC. 2. FINDINGS; MISSIONS STATEMENT. (a) Findings.--The Congress finds the following: (1) While the United States appropriately puts a top priority on the regulation of medical technologies to ensure the safety and efficacy of medical technologies that are introduced into the marketplace, the administration of such regulatory effort is causing the United States to lose its leadership role in producing innovative, top-quality medical devices. (2) One of the key components of the medical device regulatory process that contributes to the United States losing its leadership role in medical device development is the inordinate amount of time it takes for medical technologies to be reviewed by the Food and Drug Administration. (3) The most important result of the United States losing its leadership role is that patients in the United States do not have access to new medical technology in a timely manner. (4) Delayed patient access to new medical technology results in lost opportunities to save lives, to reduce hospitalization and recovery time, and to improve the quality of life of patients. (5) The economic benefits that the United States medical device industry, which is composed principally of smaller companies, has provided through growth in jobs and global trade are threatened by the slow and unpredictable regulatory process at the Food and Drug Administration. (6) The pace and predictability of the medical device regulatory process are in part responsible for the increasing tendency of United States medical device companies to shift research, product development, and manufacturing offshore, at the expense of American jobs, patients, and leading edge clinical research. (b) Mission Statement.--This legislation seeks to improve the timeliness, effectiveness, and predictability of the medical device approval process for the benefit of United States patients and the United States economy by-- (1) providing for the use of nationally and internationally recognized performance standards to assist the Food and Drug Administration in determining the safety and effectiveness of medical devices; (2) facilitating communication between medical device companies and the Food and Drug Administration; (3) targeting the use of Food and Drug Administration resources on medical devices that are likely to have serious adverse health consequences; and (4) requiring the Food and Drug Administration to determine the least costly, most efficient approach to reasonably assuring the safety and effectiveness of devices. SEC. 3. DEVICE PERFORMANCE STANDARDS. (a) Alternative Procedure.--Section 514 (21 U.S.C. 360d) is amended by adding at the end the following: ``recognition of a performance standard ``(c)(1)(A) The Secretary may, through publication in the Federal Register, issue notices identifying and listing nationally and internationally recognized performance standards for which persons may provide a certification of a device's conformity under paragraph (3) in order to meet the premarket submission requirements or other requirements under the Act to which the standards are applicable. ``(B) Any person may elect to utilize data other than data required by the standards described in subparagraph (A) to meet any requirement under the Act to which the standards are applicable. ``(2) The Secretary may remove from the list of standards described in paragraph (1) a standard that the Secretary determines is no longer appropriate for making determinations with respect to the regulation of devices. ``(3)(A) A person may provide a certification that a device conforms to an applicable standard listed under paragraph (1) to meet the requirements described in paragraph (1) and the Secretary shall accept such certification. ``(B) The Secretary may, at any time, request a person who submits a certification described in subparagraph (A) to submit the data or information that the person relied on in making the certification. ``(C) A person who submits a certification described in subparagraph (A) shall maintain the data and information upon which the certification was made for a period of 2 years after the submission of the certification or a time equal to the expected design life of a device, whichever is longer.''. (b) Section 301.--Section 301 (21 U.S.C. 331) is amended by adding at the end the following: ``(x) The falsification of a certification submitted under section 514(c)(3) or the failure or refusal to provide data or information requested by the Secretary under such section.''. (c) Section 501.--Section 501(e) (21 U.S.C. 351(e)) is amended by striking ``established'' and inserting ``established or listed''. SEC. 4. PREMARKET APPROVAL. (a) Application.--Section 515(c) (21 U.S.C. 360e(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (G), by striking ``require.'' and inserting ``require; and''; and (C) by adding at the end the following: ``(H) an identifying reference to any performance standard listed under section 514(c) that is applicable to such device.''. (2) by adding at the end the following: ``(3) The Secretary shall accept historical clinical data as a control for use in determining whether there is a reasonable assurance of safety and effectiveness of a device in a case in which the effects of the progression of a disease are clearly defined and well understood. ``(4) The Secretary may not require the sponsor of an application to conduct clinical trials for a device using randomized controls unless the controls-- ``(A) are necessary; ``(B) are scientifically and ethically feasible; and ``(C) other less burdensome and controls, such as historical controls, are not available to permit a determination of a reasonable assurance of safety and effectiveness.''. (b) Action on Application.--Section 515(d) (21 U.S.C. 360e(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``paragraph (2) of this subsection'' each place it appears and inserting ``paragraph (8)''; and (B) by adding at the end the following flush paragraph: ``In making a determination to approve or deny an application, the Secretary shall rely on the conditions of use proposed in the labeling of device as the basis for determining whether or not there is a reasonable assurance of safety and effectiveness. If, based on a fair evaluation of all material facts, the proposed labeling of the device is neither false nor misleading in any particular, the Secretary shall not consider conditions of use not included in such labeling in making the determination.''; (2) by redesignating paragraphs (2) and (3) as paragraphs (8) and (9), respectively; and (3) by inserting after paragraph (1) the following: ``(2) Each application received under subsection (c) shall be reviewed in a manner to achieve final action within the 180-day period described in subparagraph (A), and the 180-day period may not be altered for any reason without the written consent of an applicant. ``(3)(A) Not later than 100 days after the receipt of an application that has been filed by the Secretary because the application satisfies the content requirements of subsection (c)(1), the Secretary shall meet with the applicant and disclose each deficiency relating to the application that would preclude approval of the application under paragraph (1). ``(B) The applicant shall have the right to be informed in writing with respect to the information communicated to the applicant during the meeting. ``(4) To permit better treatment or better diagnoses of life- threatening or irreversibly debilitating diseases or conditions, the Secretary shall expedite the review for devices-- ``(A) representing breakthrough technologies; ``(B) offering significant advantages over existing approved alternatives; or ``(C) for which accelerated availability is in the best interest of the public health. ``(5) The Secretary shall complete the review of all supplemental applicants to an application approved under paragraph (1) that do not contain clinical data within 90 days after the receipt of a supplemental that has been accepted for filing.'' ``(6)(A) A supplemental application shall be required for any change to a device subject to an approved application under this subsection if the change affects safety or effectiveness, unless the change is a modification in a manufacturing procedures or method of manufacturing and the holder of an approved application submits a notice to the Secretary that describes the change and informs the Secretary that the change has been made under the requirements of section 520(f). ``(B)(i) In reviewing a supplement to an approved application for an incremental change to the design of a device that affects safety or effectiveness, the Secretary shall approve the supplement if-- ``(I) nonclinical data demonstrate that a design modification creates the intended additional capacity, function, or performance of the device; and ``(II) clinical data from the approved application and any supplements to the approved application provide a reasonable assurance of safety and effectiveness. ``(ii) The Secretary may require, when necessary, additional clinical data to evaluate the design modification to provide a reasonable assurance of safety and effectiveness. ``(7) Any representation in promotional materials for a device subject to an approved application under this subsection shall not be subject to premarket approval under this section, unless such representations establish new conditions of use. Any representations made in promotional materials for devices subject to an approved application shall be supported by appropriate data or information that can substantiate the representations at the time such representations are made.''. (c) Withdrawal or Temporary Suspension of Approval of Application.--Section 5155(e)(1) (21 U.S.C. 360e(1)) is amended in subparagraph (G) by inserting after the word ``effect'' the words ``or listed.'' SEC. 5. PREMARKET NOTIFICATION. (a) Exemption of Certain Devices.--Section 510 (21 U.S.C. 360) is amended-- (1) in subsection (k), by striking ``intended for human use'' and inserting ``intended for human use (except a device that is classified into class I under section 513 or 520 or a device that is classified into class II under section 513 or 520, and is exempt from the requirements of this subsection under subsection (l))''; (2) by adding at the end of subsection (k) (as amended by paragraph (1)) the following flush sentence: ``The Secretary shall review the notification required by this subsection and make a determination under section 513(f)(1)(A) within 90 days after receiving the notification.''; and (3) by adding at the end the following: ``(1)(A) Within 30 days after the date of enactment of this subsection, the Secretary shall develop and publish in the Federal Register a list of each type of class II device that does not require a report under subsection (k) to provide reasonable assurance of safety and effectiveness. Each type of class II device identified by the Secretary not to require the report shall be exempt from the requirement to file a report under subsection (k) as of the date of the publication of the list in the Federal Register. ``(B) Beginning on the date that is 1 day after the date of the publication of a list under this subsection, any person may petition the Secretary to exempt a type of class II device from the requirement of subsection (k). The Secretary shall respond to the petition within 120 days after the receipt of the petition and determine whether or not to grant the petition in whole or in part.''. (b) Special Rule Relating to Exemption of Class I Devices From 510(k) Notifications.--The exemption of a class I device from the notification requirement of section 510(k) shall not apply to a class I device that is life sustaining or life saving or that is intended to be implanted into the human body. SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION. (a) Regulations.--Section 520(g) (21 U.S.C. 360j(g)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) The Secretary shall, within 120 days after the date of enactment of this paragraph, by regulation, amending the content of part 812 of title 21 of the Code of Federal Regulations, amend the procedures with respect to the approval of clinical studies under this subsection as follows: ``(A) The Secretary shall permit the sponsor of an investigation to meet with the Secretary prior to the submission of an application to develop a protocol for a clinical study subject to the regulation and require that the protocol be agreed upon in writing by the sponsor and the Secretary. ``(B)(i) The Secretary shall permit developmental changes to devices in response to information gathered during the course of an investigation without requiring an additional approval of an application for an investigational device exemption, or the approval of a supplement to the application, if the changes meet the following requirements: ``(I) The changes do not constitute a significant change in the design of the product or a significant change in basic principles of operation. ``(II) The changes do not adversely affect patient safety. ``(ii) The Secretary shall require that each such change shall be documented with information describing the change and the basis of the sponsor of application for concluding that the change does not constitute a significant change in design or operating principles, and that the change does not adversely affect patient safety.''. (b) Conforming Amendments.--Section 517(a)(7) (21 U.S.C. 360g(a)(7)) is amended-- (1) by striking ``section 520(g)(4)'' and inserting ``section 520(g)(5)''; and (2) by striking ``section 520(g)(5)'' and inserting ``section 520(g)(6)''. SEC. 7 PRODUCT REVIEW. Section 513 (21 U.S.C. 360c) is amended by-- (1) in subsection (a)(3)(A)-- (A) by striking ``including clinical investigations where appropriate'' and inserting ``including 1 or more clinical investigations where appropriate''; (B) by adding at the end the following: ``When evaluating the type and amount of data necessary to find a reasonable assurance of device effectiveness for an approval under section 515, the Secretary shall consider the extent to which reliance on postmarket controls may contribute to such assurance and expedite effectiveness determinations without increasing regulatory burdens on persons who submit applications under section 515(c).''; (2) in subsection (a)(3), by adding at the end the following: ``(C)(i) The Secretary upon the request of any person intending to submit an application under section 515 shall meet with the person to determine the type of valid scientific evidence within the meaning of subparagraphs (A) and (B) that will be necessary to demonstrate the effectiveness of a device for the conditions of use proposed by such person to support an approval of an application. ``(ii) Within 30 days after such meeting, the Secretary shall specify in writing the type of valid scientific evidence that will provide a reasonable assurance that a device is effective under the conditions of use proposed by the person. ``(iii) Any clinical data, including 1 or more well-controlled investigations, specified by the Secretary for demonstrating a reasonable assurance of device effectiveness shall reflect the Secretary's determination that such data are necessary to establish device effectiveness and that no other less burdensome means of evaluating device effectiveness are available which would have a reasonable likelihood of resulting in an approval. ``(2) The determination of the Secretary with respect to the specification of the valid scientific evidence under clause (ii) shall be binding upon the Secretary, unless such determination by the Secretary would be contrary to the public health''; and (3) in subsection (i), by adding at the end the following: ``(C) To facilitate reviews of reports submitted to the Secretary under section 510(k), the Secretary shall consider the extent to which reliance on postmarket controls may expedite the classification of devices under subsection (f)(1). ``(D) Whenever the Secretary requests information to demonstrate that devices with differing technological characteristics are substantially equivalent, the Secretary shall only request information that is necessary to making substantial equivalence determinations. In making such requests, the Secretary shall consider the least burdensome means of demonstrating substantial equivalence and request information accordingly. ``(E) Any determinations of substantial equivalence by the Secretary shall be based upon the intended uses proposed in labeling submitted in a report under section 510(k). ``(F) Any representations made in promotional materials for devices shall not require a report under section 510(k), unless such representations establish new intended uses for a legally marketed device.''.

Medical Technology, Public Health, and Innovation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize the Secretary of Health and Human Services to identify and list nationally and internationally recognized performance standards for which persons may self-certify a device's conformity in order to meet FDCA requirements. Allows use of data other than that required by the standards to meet any FDCA requirement. Adds to the list of prohibited acts certification falsification or the failure or refusal to provide the data or information relied on in the certification. (Sec. 4) Requires that premarket approval applications include an identifying reference to any such performance standard. Directs the Secretary to accept historical clinical data as a control for use in determining safety and effectiveness when a disease's progression is clearly defined and well understood. Limits requiring clinical trials using randomized controls. Modifies requirements regarding action on premarket approval applications. (Sec. 5) Exempts from premarket notification requirements certain class I and class II devices. Directs the Secretary to develop and publish a list of each type of class II device not requiring premarket notification. Allows petitioning for exemption of a class II type from the notification requirement. (Sec. 6) Changes clinical study approval procedures, allowing: (1) the investigation sponsor to meet with the Secretary before application submission to develop a protocol; and (2) device developmental changes during an investigation without requiring an additional approval or an application supplement, if certain requirements are met. (Sec. 7) Allows device effectiveness to be determined on the basis of one or more clinical investigations (currently, by well-controlled investigations). Requires the Secretary: (1) to consider the extent to which postmarket controls may contribute to the assurance of effectiveness and expedite effectiveness determinations without increasing regulatory burdens; (2) on request, to meet with an intended applicant to determine the type of effectiveness evidence that will be necessary; (3) to consider the extent to which postmarket controls may expedite device classification; (4) when requesting information demonstrating substantial equivalence, to only request information necessary to make substantial equivalence determinations; and (5) base substantial equivalence determinations on the intended uses in submitted labeling.

{"src": "billsum_train", "title": "Medical Technology, Public Health, and Innovation Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Availability Act''. SEC. 2. BUSINESS DEVELOPMENT COMPANY OWNERSHIP OF SECURITIES OF INVESTMENT ADVISERS AND CERTAIN FINANCIAL COMPANIES. (a) In General.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall promulgate regulations to codify the order in Investment Company Act Release No. 30024, dated March 30, 2012. If the Commission fails to complete the regulations as required by this subsection, a business development company shall be entitled to treat such regulations as having been completed in accordance with the actions required to be taken by the Commission until such time as such regulations are completed by the Commission. (2) Rule of construction.--Nothing in this subsection shall prevent the Commission from issuing rules to address potential conflicts of interest between business development companies and investment advisers. (b) Permissible Assets of an Eligible Portfolio Company.--Section 55 of the Investment Company Act of 1940 (15 U.S.C. 80a-54) is amended by adding at the end the following: ``(c) Securities Deemed To Be Permissible Assets.--Notwithstanding subsection (a), securities that would be described in paragraphs (1) through (6) of such subsection except that the issuer is a company described in paragraph (2), (3), (4), (5), (6), or (9) of section 3(c) may be deemed to be assets described in paragraphs (1) through (6) of subsection (a) to the extent necessary for the sum of the assets to equal 70 percent of the value of a business development company's total assets (other than assets described in paragraph (7) of subsection (a)), provided that the aggregate value of such securities counting toward such 70 percent shall not exceed 20 percent of the value of the business development company's total assets.''. SEC. 3. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. (a) In General.--Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (2) by striking paragraph (1) and inserting the following: ``(1) Except as provided in paragraph (2), the asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) (and any related rule promulgated under this Act) applicable to business development companies shall be 200 percent. ``(2) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of section 18(a)(2) (and any related rule promulgated under this Act) applicable to a business development company shall be 150 percent if-- ``(A) within five business days of the approval of the adoption of the asset coverage requirements described in clause (ii), the business development company discloses such approval and the date of its effectiveness in a Form 8-K filed with the Commission and in a notice on its website and discloses in its periodic filings made under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)-- ``(i) the aggregate value of the senior securities issued by such company and the asset coverage percentage as of the date of such company's most recent financial statements; and ``(ii) that such company has adopted the asset coverage requirements of this subparagraph and the effective date of such requirements; ``(B) with respect to a business development company that issues equity securities that are registered on a national securities exchange, the periodic filings of the company under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) include disclosures reasonably designed to ensure that shareholders are informed of-- ``(i) the amount of indebtedness and asset coverage ratio of the company, determined as of the date of the financial statements of the company dated on or most recently before the date of such filing; and ``(ii) the principal risk factors associated with such indebtedness, to the extent such risk is incurred by the company; and ``(C)(i) the application of this paragraph to the company is approved by the required majority (as defined in section 57(o)) of the directors of or general partners of such company who are not interested persons of the business development company, which application shall become effective on the date that is 1 year after the date of the approval, and, with respect to a business development company that issues equity securities that are not registered on a national securities exchange, the company extends, to each person who is a shareholder as of the date of the approval, an offer to repurchase the equity securities held by such person as of such approval date, with 25 percent of such securities to be repurchased in each of the four quarters following such approval date; or ``(ii) the company obtains, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of more than 50 percent of the votes cast of the application of this paragraph to the company, which application shall become effective on the date immediately after the date of the approval.''; (3) in paragraph (3) (as redesignated), by inserting ``or which is a stock, provided that all such stock is issued in accordance with paragraph (6)'' after ``indebtedness''; (4) in subparagraph (A) of paragraph (4) (as redesignated)-- (A) in the matter preceding clause (i), by striking ``voting''; and (B) by amending clause (iii) to read as follows: ``(iii) the exercise or conversion price at the date of issuance of such warrants, options, or rights is not less than-- ``(I) the market value of the securities issuable upon the exercise of such warrants, options, or rights at the date of issuance of such warrants, options, or rights; or ``(II) if no such market value exists, the net asset value of the securities issuable upon the exercise of such warrants, options, or rights at the date of issuance of such warrants, options, or rights; and''; and (5) by adding at the end the following: ``(6)(A) Qualified institutional buyer.--Except as provided in subparagraph (B), the following shall not apply to a senior security which is a stock and which is issued to and held by a qualified institutional buyer (as defined in section 3(a)(64) of the Securities Exchange Act of 1934): ``(i) Subparagraphs (C) and (D) of section 18(a)(2). ``(ii) Subparagraph (E) of section 18(a)(2), to the extent such subparagraph requires any priority over any other class of stock as to distribution of assets upon liquidation. ``(iii) With respect to a senior security which is a stock, subsections (c) and (i) of section 18. ``(B) Individual investors who are not qualified institutional buyers.--Subparagraph (A) shall not apply with respect to a senior security which is a stock and which is issued to a person who is not known by the business development company to be a qualified institutional buyer (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(7) Rule of construction.--Notwithstanding any other provision of law, any additional class of stock issued pursuant to this section must be issued in accordance with all investor protections contained in all applicable federal securities laws administered by the Commission.''. (b) Conforming Amendments.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 57-- (A) in subsection (j)(1), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (B) in subsection (n)(2), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (2) in section 63(3), by striking ``section 61(a)(3)'' and inserting ``section 61(a)(4)''. SEC. 4. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING AND PROXY RULES. (a) Revision to Rules.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)-- (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N- 2 to the definition of automatic shelf registration statement provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)-- (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N-2; and (B) to provide an exception for a business development company from the requirement that a Form N- 2 registrant must furnish the undertakings required by item 34.4 of Form N-2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (11) The Commission shall revise rule 418 under the Securities Act of 1933 (17 C.F.R. 230.418) to provide that a business development company that would otherwise meet the eligibility requirements of General Instruction I.A of Form S-3 shall be exempt from paragraph (a)(3) of that rule. (12) The Commission shall revise rule 14a-101 under the Securities Exchange Act of 1934 (17 C.F.R. 240.14a-101) to provide that a business development company that would otherwise meet the requirements of General Instruction I.A of Form S-3 shall be deemed to meet the requirements of Form S-3 for purposes of Schedule 14A. (13) The Commission shall revise rule 103 under Regulation FD (17 C.F.R. 243.103) to provide that paragraph (a) of that rule applies for purposes of Form N-2. (b) Revision to Form N-2.--Not later than 1 year after the date of enactment of this Act, the Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that would otherwise meet the requirements of Form S-3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N-2; and (2) to include an item or instruction that is similar to the instruction regarding automatic shelf offerings by well- known seasoned issuers on Form S-3 to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2. (c) Treatment if Revisions Not Completed in Timely Manner.--If the Commission fails to complete the revisions required by subsections (a) and (b) by the time required by such subsections, a business development company shall be entitled to treat such revisions as having been completed in accordance with the actions required to be taken by the Commission by such subsections until such time as such revisions are completed by the Commission. (d) Rule of Construction.--Any reference in this section to a rule or form means such rule or form or any successor rule or form.

Small Business Credit Availability Act (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to promulgate regulations that codify a specified order in Investment Company Act Release No. 30024, dated March 30, 2012. Under Investment Company Act Release No. 30024 the SEC permitted the Ares Capital Corporation to: continue to own (directly or indirectly) up to 100% of the outstanding equity interests of Ivy Hill ll Asset Management, L.P.; and make additional investments in Ivy Hill, in each case, following the time Ivy Hill shall be required to become a registered investment adviser under the Investment Advisers Act of 1940. The bill entitles a business development company (BDC) to treat such regulations as having been completed if the SEC fails to complete the regulations required by this bill. The bill further states, however, that nothing in it shall prevent the SEC from issuing rules that address potential conflicts of interest between BDCs and investment advisers. The Investment Company Act of 1940 is amended to deem certain securities to be permissible BDC assets to the extent necessary for the sum of permissible assets to equal 70% of the value of a BDC's total assets (excluding specified noninvestment assets) if the aggregate value of such securities does not exceed 20% of the value of the BDC's total assets. (Sec. 3) The asset coverage requirements of registered closed-end companies also applicable to BDCs shall be reduced from 200% to 150% if the BDC makes certain disclosures on its website, and its directors or general partners approve of the modified requirements. (A registered closed-end investment company may not issue, or sell, any class of senior security unless it represents an indebtedness and, immediately after the issuance or sale, it will have an asset coverage of at least 300%. This asset coverage requirement currently is reduced to 200% for most BDCs.) As an additional requirement, a BDC that issues equity securities that are not registered on a national securities exchange (non-traded BDC) must extend, to each shareholder as of the date of the approval, an offer to repurchase the shareholder's equity securities, with 25% of them to be repurchased in each of the four quarters following the approval date. In the alternative, the non-traded BDC shall obtain, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of the 150% reduction in requirements by more than 50% of the votes cast. A BDC may issue more than one class of senior security which is stock but only if it is issued to and held by a qualified institutional buyer. (Sec. 4) The SEC must revise various rules under the Securities Act of 1933, and related forms, so as to allow a BDC to use security offering rules (such as those enabling a registrant to be a Well Known Seasoned Issuer, use shelf offerings, and communicate directly with shareholders) which are available to other issuers who are required to file security issuance reports under the Securities Exchange Act of 1934. Should the SEC fail to complete such revisions in timely fashion, a BDC shall be entitled to treat those revisions as having been completed in accordance with the timetable set forth in this bill until the SEC does complete them.

{"src": "billsum_train", "title": "Small Business Credit Availability Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Holiday Act of 2001''. SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary shall reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period. (b) Determination and Timing of Reimbursement.-- (1) Predetermined amount.--Not later than January 4, 2002, the Secretary shall pay to each State an amount equal to the sum of-- (A)(i) the amount of State and local sales tax payable and collected in such State during the same period in 2000 as the sales tax holiday period, times (ii) an acceleration factor equal to 1.73, plus (B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs. (2) Reconciliation amount.--Not later than March 6, 2002, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of-- (A) the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over (B) the amount determined under paragraph (1)(A) and paid to such State. (c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless-- (1) the chief executive officer of the State informs the Secretary, not later than November 28, 2001, of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period, (2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)-- (A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than November 28, 2001, of the intention of the State to make such an election, (B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than November 28, 2001, of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period, (C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than February 15, 2002, the amount determined under subsection (b)(2) in a manner specified by the Secretary, (D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than March 6, 2002, and (E) the chief executive officer of the State certifies that such State-- (i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2000 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and (ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently, (3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period, (4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and (5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C). (d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census. (e) Definitions.--For purposes of this section-- (1) Home rule state.--The term ``home rule State'' means a State that does not control imposition and administration of local taxes. (2) Local.--The term ``local'' means a city, county, or other subordinate revenue or taxing authority within a State. (3) Sales tax.--The term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds, and (ii) can or is required to be directly collected by retail sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. (4) Sales tax holiday period.--The term ``sales tax holiday period'' means the period beginning after December 7, 2001, and ending before December 16, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. (7) Use tax.--The term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.

Sales Tax Holiday Act of 2001 - Directs the Secretary of the Treasury to reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period, as specified.

{"src": "billsum_train", "title": "To provide Federal reimbursement to State and local governments for a limited sales, use, and retailers' occupation tax holiday."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Repayment Act of 2016''. SEC. 2. INCLUSION OF STUDENT LOAN REPAYERS FOR PURPOSES OF WORK OPPORTUNITY CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(K) a qualified student loan repayer.''. (b) Qualified Student Loan Repayer Defined.--Section 51(d) of such Code is amended by adding at the end the following new paragraph: ``(16) Qualified student loan repayer.--The term `qualified student loan repayer' means any individual who is certified by the designated local agency as-- ``(A) having at least an associate's degree; and ``(B) having outstanding qualified education loans (as defined in section 221) of not less than $10,000.''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. STUDENT LOAN PROGRAM STARTUP COSTS CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SECTION 45S. STUDENT LOAN PROGRAM STARTUP COSTS CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the student loan program startup costs credit determined under this section for any taxable year is an amount equal to 50 percent of the qualified startup costs paid or incurred by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year for a qualified employer shall not exceed-- ``(1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the product of-- ``(A) $500, multiplied by ``(B) the number of employees participating during such taxable year in an eligible employer plan for which the employer is eligible for a credit under this section, and ``(2) for any other taxable year, zero. ``(c) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer if such employer, or any member of any controlled group including the employer (or any predecessor of either), during the 3-taxable-year period immediately preceding the 1st taxable year for which the credit under this section is otherwise allowable for a qualified employer plan of the employer, has not established or maintained a qualified employer plan with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are in the qualified employer plan. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualified startup costs.-- ``(A) In general.--The term `qualified startup costs' means any ordinary and necessary expenses of an eligible employer which are paid or incurred in connection with the establishment or administration of an eligible employer plan. Such term shall not include any payment made to, or on behalf of, any employee pursuant to such plan. ``(B) Plan must have at least 1 participant.--Such term shall not include any expense in connection with a plan that does not have at least 1 employee eligible to participate who is not a highly compensated employee. ``(2) Eligible employer plan.--The term `eligible employer plan' means a student loan repayment plan administered by an employer through which the employer provides, for each employee for each year, qualified matching contributions. ``(3) Qualified matching contribution.--The term `qualified matching contribution' means an employer contribution made to an eligible employer plan on behalf of an employee on account of an employee contribution made by such employee if such employer contribution is at least the lesser of-- ``(A) the amount of such employee contribution, and ``(B) $2,000. ``(4) First credit year.--The term `first credit year' means-- ``(A) the taxable year which includes the date that the eligible employer plan to which such costs relate becomes effective, or ``(B) at the election of the eligible employer, the taxable year preceding the taxable year referred to in subparagraph (A). ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. All eligible employer plans shall be treated as 1 eligible employer plan. ``(2) Disallowance of deduction.--No deduction shall be allowed for that portion of the qualified startup costs paid or incurred for the taxable year which is equal to the credit determined under subsection (a). ``(3) Deduction for matching contribution.--For deductions for qualified matching contributions, see section 162. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.''. (b) Conforming Amendments.-- (1) In general.--Subsection (b) of section 38 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the student loan program startup costs credit determined under section 45S(a).''. (2) Deduction for unused credit.--Subsection (c) of section 196 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding at the end the following new paragraph: ``(15) the student loan program startup costs credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45S. Student loan program startup costs credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Student Loan Repayment Act of 2016 This bill amends the Internal Revenue Code to allow a work opportunity tax credit for employers who hire a qualified student loan repayer. A "qualified student loan repayer" is any individual who is certified by the designated local agency as: (1) having at least an associate's degree, and (2) having outstanding education loans of at least $10,000. The bill also allows a business tax credit equal to 50% of the student loan program startup costs paid by employers during the year, subject to a limit of $500 per employee participating in the program. The credit applies to the ordinary and necessary expenses for the establishment or administration of a student loan repayment plan through which the employer provides specified annual matching contributions to each employee. The credit does not apply to payments made to, or on behalf of, any employee pursuant to the plan. An employer may claim the credit for three years if the employer has not established or maintained a plan for substantially the same employees during the three-year period immediately preceding the first year in which the credit is otherwise allowable.

{"src": "billsum_train", "title": "Student Loan Repayment Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Federal Spending Act of 2011''. SEC. 2. LEGISLATIVE BRANCH. (a) In General.--Amounts made available for fiscal year 2011 for the legislative branch are reduced by $1,283,000,000. (b) Government Printing Office.--The Government Printing Office is defunded effective on the date of enactment of this Act. SEC. 3. JUDICIAL BRANCH. Amounts made available to the judicial branch for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $2,434,000,000. SEC. 4. AGRICULTURE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Agriculture for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $42,542,000,000. (b) Specific Reductions.-- (1) Defunding.--The following agencies are defunded effective on the date of enactment of this Act: (A) The Agriculture Research Service. (B) The National Institute of Food and Agriculture. (C) The Resources Conservation Service. (D) The Foreign Agricultural Service. (2) Reduction.--Amounts made available to the Forest Service for fiscal year 2011 are reduced by $1,178,000,000. SEC. 5. COMMERCE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Commerce for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $5,322,000,000. (b) Reduction.--Amounts made available to the National Oceanic And Atmospheric Administration for fiscal year 2011 are reduced by $857,000,000. SEC. 6. DEFENSE. (a) Reduction.-- (1) Military personnel.--Amounts made available to military personnel for fiscal year 2011 are reduced by $14,000,000,000. (2) Procurement.--Amounts made available for procurement for fiscal year 2011 are reduced by $13,300,000,000. (3) Operations and maintenance.--Amounts made available to the Operations and Maintenance for fiscal year 2011 are reduced by $22,430,000,000. (4) Research and development.--Amounts made available to the Research and Development for fiscal year 2011 are reduced by $8,000,000,000. (5) War funding.--Amounts made available to the War funding/Overseas Contingency for fiscal year 2011 are reduced by $16,000,000,000. (b) Transfers.--Transfers are as follows: (1) Transfer all Department of Energy accounts to the Department of Defense (DOE capped at $17,120,000,000). (2) Transfer the United States Coast Guard accounts from the Department of Homeland Security to the Department of Defense. SEC. 7. EDUCATION. All Department of Education programs are defunded effective on the date of enactment of this Act, except for the Pell grant program which shall be capped at $16,256,000,000. SEC. 8. ENERGY. (a) In General.--Amounts made available to the Department of Energy for fiscal year 2011 are reduced by $27,270,000,000. (b) Transfer.--Effective on the date of enactment of this Act, remaining funds and accounts for the Department of Energy are transferred to the Department of Defense. SEC. 9. HEALTH AND HUMAN SERVICES. (a) In General.--Including reductions made by subsection (b), amounts not otherwise required by law made available to the Department of Health and Human Services for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $26,510,000,000. (b) Specific Reductions.-- (1) FDA.--Amounts made available to the Food and Drug Administration for fiscal year 2011 are reduced by $230,000,000. (2) Health resources and services administration.--Amounts made available to the Health Resources and Services Administration for fiscal year 2011 are reduced by $1,410,000,000. (3) Indian health service.--Amounts made available to the Indian Health Service for fiscal year 2011 are reduced by $650,000,000. (4) Center for disease control and prevention.--Amounts made available to the Center for Disease Control and Prevention for fiscal year 2011 are reduced by $1,165,000,000. (5) NIH.--Amounts made available to the National Institute of Health for fiscal year 2011 are reduced by $5,825,000,000. (6) Substance abuse and mental health service administration.--Amounts made available to the Substance Abuse and Mental Health Service Administration for fiscal year 2011 are reduced by $626,000,000. SEC. 10. HOMELAND SECURITY. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Homeland Security for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $23,765,000,000. (b) Reductions.-- (1) Transfer.--The United States Coast Guard's funds and accounts are transferred to the Department of Defense. (2) Reduction.--Amounts made available to the Transportation Security Administration for fiscal year 2011 are reduced by $901,000,000. SEC. 11. HOUSING AND URBAN DEVELOPMENT. (a) Defunding.--Except as provided in subsection (b), all accounts and programs of the Department of Housing and Urban Development are defunded effective on the date of enactment of this Act. (b) Transfer.--Effective on the date of enactment of this Act, Veteran housing programs administered by the Department of Housing and Urban Development are transferred to Department of Veterans' Affairs. SEC. 12. INTERIOR. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Interior for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $10,934,000,000. (b) Reductions.-- (1) Land and mineral management.--Amounts made available to the Land and Mineral Management for fiscal year 2011 are reduced by $2,311,000,000. (2) Bureau of reclamation.--The Bureau of Reclamation is defunded effective on the date of enactment of this Act. (3) United states geological survey.--Amounts made available to the United States Geological Survey for fiscal year 2011 are reduced by $198,000,000. (4) Park service reduction.--Amounts made available to the national Park Service for fiscal year 2011 are reduced by $849,000,000. (5) Repeal.--All accounts and programs of the Bureau of Indian Affairs are defunded effective on the date of enactment of this Act. SEC. 13. JUSTICE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Justice for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $9,057,000,000. (b) Repeal.--All accounts and programs of the Office of Justice Programs are defunded effective on the date of enactment of this Act. SEC. 14. LABOR. (a) In General.--Except as provided in subsection (b), amounts made available to the Department of Labor for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $2,803,000,000. (b) Exemptions.--The following are exempt from the reductions required by subsection (a): (1) The Occupational Safety and Health Administration. (2) The Mine Safety and Health Administration. (3) The Employment and Training Administration (including all unemployment compensation). SEC. 15. STATE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of State for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $20,321,000,000. (b) Specific Reductions.--The following agencies are defunded effective on the date of enactment of this Act: (1) International Organizations and Conferences. (2) International Commissions. SEC. 16. TRANSPORTATION. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Transportation for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $42,810,000,000. (b) Repeal.--Effective on the date of enactment of this Act all Amtrak Federal subsidies are terminated. SEC. 17. VETERANS' AFFAIRS. The Department of Veterans' Affairs shall not be subject to funding cuts in fiscal year 2011. SEC. 18. CORPS OF ENGINEERS. Amounts made available to the Corps of Engineers for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $1,854,000,000. SEC. 19. ENVIRONMENTAL PROTECTION AGENCY. Amounts made available to the Environmental Protection Agency for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $3,238,000,000. SEC. 20. GENERAL SERVICES ADMINISTRATION. Amounts made available to the General Service Administration for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $1,936,000,000. SEC. 21. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. Amounts made available to the National Aeronautics and Space Administration for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $4,488,000,000. SEC. 22. NATIONAL SCIENCE FOUNDATION. Amounts made available to the National Science Foundation for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $4,723,000,000. SEC. 23. OFFICE OF PERSONNEL MANAGEMENT. Amounts made available to the Office of Personnel Management for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $9,070,000,000. SEC. 24. SOCIAL SECURITY ADMINISTRATION. The Social Security Administration shall not be subject to funding cuts in fiscal year 2011. SEC. 25. REPEAL OF INDEPENDENT AGENCIES. The following agencies are defunded effective on the date of enactment of this Act: (1) Affordable Housing Program. (2) Commission on Fine Arts. (3) Consumer Product Safety Commission. (4) Corporation for Public Broadcasting. (5) National Endowment for the Arts. (6) National Endowment for the Humanities. (7) State Justice Institute. SEC. 26. FEDERAL COMMUNICATIONS COMMISSION. Amounts made available to the Federal Communication Commission for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $2,150,000,000. SEC. 27. MISCELLANEOUS BUDGET SAVINGS. The following programs shall be implemented or repealed in fiscal year 2011 with the savings provided: (1) Collect delinquent taxes from Federal Employees, $3,000,000,000. (2) Freeze Federal Government employee pay, $2,000,000,000. (3) Reduce Federal Government travel, $7,500,000,000. (4) Davis- Bacon is repealed, $6,000,000,000. (5) Prohibit union labor project agreements, $2,000,000,000. (6) The Troubled Assets Relief Program is repealed, $4,481,000,000. (7) Unused Federal assets shall be sold, $19,000,000,000. (8) Reduce Federal vehicle budget, $600,000,000.

Cut Federal Spending Act of 2011 - Reduces FY2011 appropriations by specified amounts for: (1) the legislative branch; (2) the judicial branch; (3) the Department of Agriculture (USDA), including the Forest Service; (4) the Department of Commerce, including the National Oceanic and Atmospheric Administration (NOAA); (5) the Department of Defense (DOD) military personnel, procurement, operations and maintenance, research and development, and War funding/Overseas Contingency; (6) the Department of Energy (DOE); (7) the Department of Health and Human Services (HHS), including the Food and Drug Administration (FDA), the Health Resources and Services Administration, the Indian Health Service, the Center for Disease Control and Prevention (CDC), the National Institute of Health (NIH), and the Substance Abuse and Mental Health Service Administration; (8) the Department of Homeland Security (DHS), including the Transportation Security Administration (TSA); (9) the Department of Interior, including Land and Mineral Management, the U.S. Geological Survey, the National Park Service (NPS); and (10) the Department of Justice (DOJ). Reduces FY2011 appropriations for: (1) the Department of Labor, except for the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration, and the Employment and Training Administration (including all unemployment compensation); (2) the Department of State; (3) the Department of Transportation (DOT); (4) the U.S. Army Corps of Engineers; (5) the Environment Protection Agency (EPA); (6) the General Services Administration (GSA); (7) the National Aeronautics and Space Administration (NASA); (8) the National Science Foundation (NSF); (9) the Office of Personnel and Management (OPM); and (10) the Federal Communications Commission (FCC). Defunds entirely: (1) the Government Printing Office (GPO); (2) the Agriculture Research Service, the National Institute of Food and Agriculture, the Resources Conservation Service, and the Foreign Agricultural Service of the USDA; (3) all Department of Education programs, except the Pell grant program, which is capped; (4) all Department of Housing and Urban Development (HUD) programs, except Veteran housing programs, which are transferred to the Department of Veterans Affairs (VA); (5) all Bureau of Indian Affairs (BIA) accounts and programs of the Department of the Interior; (6) the DOJ Office of Justice Programs accounts and programs; (7) International Organizations and Conferences and International Commissions of the State Department; (8) Amtrak federal subsidies; (9) the Affordable Housing Program; (10) the Commission on Fine Arts; (11) the Consumer Product Safety Commission (CPSC); (12) the Corporation for Public Broadcasting; (13) the National Endowment for the Arts (NEA); (14) the National Endowment for the Humanities (NEH); and (15) the State Justice Institute. Transfers: (1) all DOE accounts to DOD, and (2) the U.S. Coast Guard funds and accounts from DHS to DOD. Excludes the VA and the Social Security Administration from funding cuts for FY2011. Specifies FY2011 savings with respect to: (1) collection of delinquent taxes from federal employees, (2) a freeze on federal employee pay, (3) federal government travel, (4) a prohibition against union labor project agreements, (5) sale of unused federal assets, and (6) the federal government vehicle budget. Repeals the Davis-Bacon Act and the Troubled Asset Relief Program (TARP), with specified resulting savings.

{"src": "billsum_train", "title": "A bill to cut $500,000,000,000 in spending in fiscal year 2011."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Elimination Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 4, 1995, the Senate voted 67-27 to impose a moratorium on United States use of anti-personnel landmines beginning in February 1999. (2) On April 3, 1996, 15 senior retired United States military officers, including the former commanding officers of United States Armed Forces in Korea, the North Atlantic Treaty Organization (NATO), Vietnam, and Desert Storm, urged the President to ban the production, stockpiling, sale, and use of anti-personnel landmines. (3) The generals stated that a ban would be ``humane and militarily responsible'' and that it ``would not undermine the military effectiveness or safety of our forces, nor those of other nations''. (4) In Vietnam, 7,318 United States military personnel were killed, and 56,783 were injured, from landmines. (5) In Bosnia, at least 204 soldiers under United Nations command have been injured, and 20 killed, and at least 55 soldiers under NATO command have been injured, and 9 killed, by landmines. (6) The Department of State estimates that a man, woman, or child is killed or injured by a landmine every 22 minutes. (7) On May 16, 1996, President Clinton declared that the United States would ``aggressively pursue'' an international agreement to ban anti-personnel landmines. (8) On June 7, 1996, the members of the Organization of American States, including the United States, declared the goal of a Western Hemisphere landmine free zone. (9) On June 4, 1997, the members of the Organization of African Unity adopted the goal of the establishment of Africa as an anti-personnel landmine free zone. (10) On October 5, 1996, the Government of Canada announced that it would pursue negotiations on a treaty banning anti- personnel landmines to be completed at Ottawa in December 1997. (11) On December 10, 1996, the United Nations General Assembly passed by a vote of 156-0 (with 10 abstentions), a United States-sponsored resolution to ``pursue vigorously'' a treaty banning the use, stockpiling, production, and transfer of anti-personnel landmines, with a view to completing the negotiation ``as soon as possible''. (12) Formal negotiations on the Ottawa treaty began in Oslo, Norway on September 1, 1997, with a moment of silence in memory of Diana, Princess of Wales, who was a passionate advocate for a total ban on anti-personnel landmines. (13) By exerting its unmatched international influence, the United States could secure broad support for a legally binding international treaty banning anti-personnel landmines. (14) Such a treaty would further United States security and humanitarian interests by deterring the use of anti-personnel landmines against United States Armed Forces and civilians. SEC. 3. RESTRICTION ON NEW DEPLOYMENTS OF ANTI-PERSONNEL LANDMINES. (a) Restriction.--Beginning on January 1, 2000, no funds appropriated or otherwise available to any department or agency of the United States may be obligated or expended for new deployments of anti- personnel landmines. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report describing actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. (c) Consultations.--The Secretary shall consult with individuals having a variety of backgrounds and expertise in preparing the report required under subsection (b). (d) Delay.--The President may delay application of the restriction in subsection (a) with respect to the Korean Peninsula if, not later than January 1, 2000 and each year thereafter, he submits a report to Congress certifying that new deployments of anti-personnel landmines on the Korean Peninsula in the event of a war in Korea or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year. (e) Certification Requirements.--The report under subsection (d) shall include a description of efforts made to implement the proposals described in the report submitted under subsection (b) and any similar proposals prepared subsequently by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. SEC. 4. DEFINITIONS. (a) Definitions.--In this Act-- (1) The term ``anti-personnel landmine'' means any munition placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft, and which is designed, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person and that will incapacitate, injure, or kill one or more persons. (2) The term ``new deployments of anti-personnel landmines'' means the emplacement or arming of such landmines on or after January 1, 2000. (b) Exclusions.--The term ``anti-personnel landmine'' does not include command-detonated Claymore munitions.

Landmine Elimination Act of 1997 - Prohibits Federal agencies from funding any new deployments of anti-personnel landmines as of January 1, 2000. Directs the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Authorizes the President to delay implementation of the funding proscription with respect to the Korean Peninsula if he certifies annually to the Congress that new deployments of anti-personnel landmines on such Peninsula would be indispensable to the defense of the Republic of Korea.

{"src": "billsum_train", "title": "Landmine Elimination Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Hospital Relief Act of 1999''. SEC. 2. ELIMINATING UNINTENDED REDUCTION IN CONVERSION FACTOR FOR MEDICARE OPD PPS. (a) Calculation of Base Amounts.--Section 1833(t)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395l(t)(3)(A)(ii)) is amended-- (1) by striking ``copayments estimated to be paid under this subsection'' and inserting ``coinsurance that would be paid under this part'';and (2) by striking ``1999,'' and inserting ``1999 if this subsection did not apply and''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provision of the Balanced Budget Act of 1997 to which the amendment relates at the time such provision became law. SEC. 3. LIMITING REDUCTIONS IN FEDERAL PAYMENTS UNDER OPD PPS. (a) In General.--Section 4523 of the Balanced Budget Act of 1997 is amended by adding at the end the following: ``(e) Temporary Limit on Reductions in Federal Payments.-- ``(1) In general.--Notwithstanding section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as added by subsection (a), the amount that is paid from the Federal Supplementary Medical Insurance Trust Fund for covered OPD Services furnished by a hospital in a rural area during a calendar year (or portion thereof) specified in paragraph (2)(A) may not be less than the applicable percentage of the case mix adjusted average amount that would have been payable to such hospital for such services (including cost-sharing) if the prospective payment system established under such section did not apply. Such average amount may be determined on a prospective basis using the Secretary's best estimate of the reasonable costs incurred in furnishing covered OPD services or on a retrospective basis using cost reports submitted by such a hospital. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) subject to paragraph (3), the term `applicable percentage' means-- ``(i) with respect to covered OPD services furnished during the first full calendar year (and any portion of the immediately preceding calendar year) for which the prospective payment system established under section 1833(t) of such Act is in effect-- ``(I) 100 percent for hospitals in rural areas with less than 50 beds; and ``(II) 95 percent for hospitals not described in subclause (I); ``(ii) with respect to the second full calendar year for which such system is in effect-- ``(I) 98 percent for hospitals in rural areas with less than 50 beds; and ``(II) 90 percent for hospitals not described in subclause (I); ``(iii) with respect to the third full calendar year for which such system is in effect-- ``(I) 95 percent for hospitals in rural areas with less than 50 beds; and ``(II) 85 percent for hospitals not described in subclause (I); and ``(B) the term `covered OPD services' has the meaning given that term in section 1833(t)(1)(B) of such Act. ``(3) Application to certain hospitals.--In the case of hospitals described in section 1833(t)(8) of such Act, the `applicable percentage' for a calendar year (or portion thereof) shall be the same applicable percentage that applies to covered OPD services furnished by hospitals that are not described in such section during such calendar year (or portion thereof). ``(4) Rule of construction.--Nothing in this subsection shall be construed as affecting the amount of cost-sharing paid by individuals enrolled under part B of title XVIII of the Social Security Act for covered OPD services.''. (b) Conforming Amendment.--Section 1833(t)(1)(A) of the Social Security Act (42 U.S.C. 1395l(t)(1)(A)) is amended by inserting ``except as provided in section 4523(e) of the Balanced Budget Act of 1997,'' after ``1999,''. (c) Effective Date.--The amendments made by this section shall become effective as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. EXCLUDING CERTAIN AMBULANCE SERVICES FROM SNF PPS. (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``ambulance and transport services furnished to patients requiring outpatient dialysis services,'' after ``section 1861(s)(2),''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2000. SEC. 5. STANDARDS FOR, AND TREATMENT OF, CRITICAL ACCESS HOSPITALS. (a) In General.-- (1) Limitations on beds and los.--Section 1820(c)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395i- 4(c)(2)(B)(iii)) is amended by striking ``to exceed 96 hours'' and inserting ``to exceed, on average, 96 hours per patient''. (2) Payment.-- (A) Part a.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l) is amended by adding at the end the following: ``In the case of a critical access hospital that is located in a health professional shortage area, the amount otherwise payable under the preceding sentence shall be increased by 5 percentage points.''. (B) Part b.--Section 1834(g) of the Social Security Act (42 U.S.C. 1395m(g)) is amended by adding at the end the following: ``In the case of a critical access hospital that is located in a health professional shortage area, the amount otherwise payable under the preceding sentence shall be increased by 5 percentage points.''. (3) Permitting maintenance of distinct part geriatric psychiatric unit.--Section 1820(f) of the Social Security Act (42 U.S.C. 1395i-4(f)) is amended-- (A) by inserting ``and certain distinct part units'' after ``swing beds''; (B) by inserting ``(1)'' after ``beds.--'', and (C) by adding at the end the following: ``(2) Nothing in this section shall be construed to prohibit a State from designating or the Secretary from certifying a facility as a critical access hospital solely because the facility maintains a distinct part psychiatric unit for geriatric patients.''. (b) Criteria for Designation.--Section 1820(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(i)) is amended by striking ``is a'' and all that follows through ``hospital and''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after October 1, 1999. SEC. 6. EXCLUSION OF SWING-BED DAYS FROM SNF PPS. (a) Exclusion From SNF PPS.--Section 1888(e)(7) of the Social Security Act (42 U.S.C. 1395yy(e)(7)) is amended to read as follows: ``(7) Exclusion.--The prospective payment system established under this subsection shall not apply to services provided by a hospital under an agreement described in section 1883.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after October 1, 1999. SEC. 7. RESTORATION OF MEDICARE PAYMENTS FOR BAD DEBT. (a) In General.--Section 1861(v)(1)(T)(iii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(T)(iii)) is amended by striking ``45'' and inserting ``10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provision of the Balanced Budget Act of 1997 to which the amendment relates at the time such provision became law. SEC. 8. TEMPORARY EXEMPTION OF RURAL HEALTH CLINICS FROM PRODUCTIVITY STANDARDS. (a) In General.--Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(f)''; and (3) by adding at the end the following: ``(2) The Secretary may not apply productivity guidelines in determining the reasonable costs of rural health clinics for services furnished in calendar year 1998, 1999, 2000, or 2001.''. SEC. 9. INFLATION UPDATES FOR RURAL PROVIDERS. (a) Hospitals.-- (1) PPS.--Subclauses (XV) and (XVI) of section 1886(b)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)) are each amended by striking ``all areas'' and inserting ``urban areas, and the market basket percentage increase for hospitals in rural areas''. (2) PPS-exempt.--Section 1886(b)(3) (B)(ii)(VII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ii)(VlI)) is amended to read as follows: ``(VII) for fiscal years 1999 through 2002, is the market basket percentage increase for hospitals in rural areas, and the applicable update factor specified under clause (vi) for the fiscal year for hospitals in urban areas; and''. (b) Skilled Nursing Facilities.--Subclauses (I) and (II) of section 1888(e)(4)(E)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(E)(ii)) are each amended by inserting ``for skilled nursing facilities in urban areas, and by the skilled nursing facility market basket percentage change for such year for skilled nursing facilities in rural areas'' after ``point''. SEC. 10. EMERGENCY REQUIREMENT. The entire amount necessary to carry out this Act and the amendments made by this Act shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

Amends the Balanced Budget Act of 1997 to establish a temporary limit on reductions in Federal payments for covered OPD services furnished by a hospital in a rural area during a calendar year. Provides that the entire amount necessary to carry out this Act and the amendments made by it shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings Act), as amended, is transmitted by the President to Congress, if that entire amount is designated by Congress as an emergency requirement.

{"src": "billsum_train", "title": "Rural Hospital Relief Act of 1999"}

.--The Secretary may not implement any revenue raising measure recommended by the Commission in the report transmitted under section 5(c)(1) if, within the 45-day period beginning on March 1, 1998, a joint resolution is enacted, in accordance with the provisions of sections 8 and 10, disapproving the recommendations of the Commission. The days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of such 45-day period. SEC. 5. CREATIVE REVENUES COMMISSION. (a) Establishment.--There is established the Secretary of the Treasury's Creative Revenues Commission. (b) Membership.--The Commission shall consist of 11 members, appointed by the Secretary of Treasury, who have broad experience in Government and in tax and revenue issues. The Secretary shall designate 2 Chairpersons from among the members of the Commission. The Secretary shall appoint the members of the Commission not later than 90 days after the date of the enactment of this Act. (c) Duties.-- (1) Report.--The Commission shall transmit to the Secretary, not later than December 31, 1997, a report containing a description of-- (A) all revenue raising measures which the Commission considered; (B) the revenue raising measures which the Commission recommends; (C) the rationale of the Commission for such recommendations; and (D) the manner in which such recommendations, in the aggregate, if implemented, would balance the Federal tax burden equally between corporations and individuals. (2) Transmission to committees.--The Commission shall, on the same date on which the Commission transmits the report to the Secretary under subparagraph (A), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate-- (A) a copy of such report; and (B) a statement certifying that the Commission has identified the revenue raising measures to be implemented by reviewing-- (i) various forms of taxation that exist in different countries; (ii) other possible ways for the Federal Government to raise revenue; and (iii) possible ways to balance the Federal tax burden equally between corporations and individuals. (d) Administration.-- (1) Members of the Commission shall serve without compensation for their work on the Commission, except that members who are not employees of the United States (determined without regard to service on the Commission) may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code, for persons serving intermittently in the Government service, to the full extent funds are available (subject to appropriations). (2) The Secretary shall provide the Commission with such administrative services, facilities, staff, and other support services as may be necessary. Subject to appropriations, any expenses of the Commission shall be paid from such funds as may be available to the Secretary. (3) Not more than one-half of the professional staff of the Commission shall be individuals who have been employed by the Department of the Treasury during calendar year 1997 in any capacity other than as an employee of the Commission. (4) The Commission shall be in place and operating as soon as possible, shortly after which time the Commission shall brief the Secretary on the Commission's plan of action. (5) The report transmitted under subsection (c)(1) shall include a recommendation for a revenue raising measure only if such recommendation is approved by a vote of a majority of the members of the Commission. SEC. 6. REPORTS. As part of each annual budget request for the Department of the Treasury, the Secretary shall transmit to the appropriate committees of the Congress-- (1) a schedule of the revenue raising measures to be implemented under this Act in the fiscal year for which the request is made; (2) an estimate of the total expenditures required by each such revenue raising measure; (3) an estimate of the Federal Government cost savings to be achieved, or cost increases to be generated, by each such revenue raising measure and of the time period in which such savings or increases are to be achieved or generated; and (4) an estimate of the amounts of the increases or decreases, in the amounts of Federal tax paid by individual and corporate taxpayers of various incomes, to be generated or achieved by each such revenue raising measure and of the time period in which such increases or decreases are to be generated or achieved. SEC. 7. FUNDING. (a) Account.--There is hereby established in the Treasury of the United States an account to be known as the ``Department of the Treasury Revenue Reform Account'', which shall be administered by the Secretary as a single account. (b) Amounts Deposited Into Account.--There shall be deposited into the Account-- (1) funds authorized for and appropriated to the Account with respect to fiscal year 1999 and fiscal years beginning thereafter; and (2) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of the Treasury for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the appropriate committees of the Congress. (c) Use of Account Funds.--The Secretary may use the funds in the Account only for the purposes of implementing revenue raising measures under this Act. (d) Annual Reports.--Not later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, the Secretary shall transmit a report to the appropriate committees of Congress of the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the amount and nature of other expenditures made by the Secretary pursuant to implementation of revenue raising measures under this Act during such fiscal year. (e) Transfer of Unobligated Funds.--Unobligated funds which remain in the Account after September 30, 2002, shall be held in the Account until transferred by law after the appropriate committees of the Congress receive the report transmitted under subsection (f). (f) Final Report.--Not later than November 30, 2002, the Secretary shall transmit to the appropriate committees of the Congress a report containing an accounting of-- (1) all of the funds deposited into and expended from the Account or otherwise expended by the Secretary under this Act; and (2) any amount remaining in the Account. SEC. 8. CONGRESSIONAL CONSIDERATION OF REGULATORY REFORMS RECOMMENDED IN COMMISSION REPORT. (a) Terms of Resolution.--For purposes of section 4(b), the term ``joint resolution'' means only a joint resolution which is introduced before March 15, 1998, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations of the Creative Revenues Commission established by the Secretary of the Treasury as submitted to the Secretary of the Treasury on ________'', the blank space being appropriately filled in; and (3) the title of which is as follows: ``Joint resolution disapproving the recommendations of the Creative Revenues Commission.''. (b) Referral.--A resolution described in subsection (a) and introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House. A resolution described in subsection (a) and introduced in the Senate shall be referred to the Committee on Finance of the Senate. SEC. 9. CONGRESSIONAL CONSIDERATION OF NON-REGULATORY REFORMS RECOMMENDED IN COMMISSION REPORT. (a) Introduction.--Not later than March 14, 1998, the Speaker of the House of Representatives and the President pro tempore of the Senate shall introduce, in their respective houses, legislation to implement the measures which are recommended in the report transmitted under section 5(c)(1) and which may not be implemented by regulatory action. (b) Referral.--Legislation described in subsection (a) and introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House. Legislation described in subsection (a) and introduced in the Senate shall be referred to the Committee on Finance of the Senate. SEC. 10. PROCEDURE FOR CONSIDERATION. (a) Discharge.--If the committee to which reform legislation is referred has not reported such reform legislation (or identical legislation) before March 15, 1998, such committee shall be, as of March 15, 1998, discharged from further consideration of such reform legislation, and such reform legislation shall be placed on the appropriate calendar of the House involved. (b) Consideration.-- (1) On or after the third day after the date on which the committee to which such reform legislation is referred has reported, or has been discharged (under subsection (a)) from further consideration of, such reform legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of such reform legislation (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against such reform legislation (and against consideration of such reform legislation) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of such reform legislation is agreed to, the respective House shall immediately proceed to consideration of such reform legislation without intervening motion, order, or other business, and such reform legislation shall remain the unfinished business of the respective House until disposed of. (2) Debate on such reform legislation, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such reform legislation. An amendment to such reform legislation is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit such reform legislation is not in order. A motion to reconsider the vote by which such reform legislation is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on such reform legislation, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of such reform legislation shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to such reform legislation shall be decided without debate. (c) Consideration by Other House.-- (1) If, before the passage by one House of reform legislation, that House receives from the other House such a reform legislation, then the following procedures shall apply: (A) Such reform legislation of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to such reform legislation of the House receiving the reform legislation-- (i) the procedure in that House shall be the same as if such reform legislation had not been received from the other House; but (ii) the vote on final passage shall be on such reform legislation of the other House. (2) Upon disposition of the reform legislation received from the other House, it shall no longer be in order to consider such reform legislation that originated in the receiving House. (d) Rules of the Senate and House.--This section, and sections 8 and 9, are enacted by the Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but are applicable only with respect to the procedure to be followed in that House in the case of a reform legislation, and supersede other rules only to the extent inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time in the same manner, and to the same extent, as in the case of any other rule of that House. SEC. 11. DEFINITIONS. For purposes of this Act: (1) Account.--The term ``Account'' means the Department of the Treasury Revenue Reform Account established by section 7(a). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Committees on Appropriations of the House and Senate. (3) Creative revenues commission; commission.--The terms ``Creative Revenues Commission'' and ``Commission'' mean the Secretary of the Treasury's Creative Revenues Commission established by section 5. (4) Reform legislation.--The term ``reform legislation'' means a resolution described in section 8(a) or legislation described in section 9(a). (5) Revenue raising measure.--The term ``revenue raising measure'' means a proposal to amend the Internal Revenue Code of 1986, a proposal to implement a regulatory change to enforcement or interpretation of such Code, or any other proposal to raise revenue for the Federal Government. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. HR 2526 IH----2 HR 2526 IH----3

Creative Revenues Act of 1995 - Authorizes the Secretary of the Treasury to implement all revenue raising measures which are recommended by the Creative Revenues Commission (established by this Act) and may be implemented by the Secretary as regulatory reforms. Directs that information concerning implementation of such measures be disseminated to the public. Establishes the Secretary of the Treasury's Creative Revenues Commission. Establishes the Department of the Treasury Revenue Reform Account to be administered by the Secretary as a single account. Authorizes the Secretary to use the funds in such account only for the purposes of implementing revenue raising measures.

{"src": "billsum_train", "title": "Creative Revenues Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Energy Security Corridors Act''. SEC. 2. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS ON FEDERAL LANDS. (a) In General.--Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended as follows: (1) In subsection (b)-- (A) by striking ``(b)(1) For the purposes of this section `Federal lands' means'' and inserting the following: ``(b)(1) For the purposes of this section `Federal lands'-- ``(A) except as provided in subparagraph (B), means''; (B) by striking the period at the end of paragraph (1) and inserting ``; and'' and by adding at the end of paragraph (1) the following: ``(B) for purposes of granting an application for a natural gas pipeline right-of-way, means all lands owned by the United States except-- ``(i) such lands held in trust for an Indian or Indian tribe; and ``(ii) lands on the Outer Continental Shelf.''. (2) By redesignating subsection (b), as so amended, as subsection (z), and transferring such subsection to appear after subsection (y) of that section. (3) By inserting after subsection (a) the following: ``(b) National Energy Security Corridors.-- ``(1) Designation.--In addition to other authorities under this section, the Secretary shall-- ``(A) identify and designate suitable Federal lands as National Energy Security Corridors (in this subsection referred to as a `Corridor'), which shall be used for construction, operation, and maintenance of natural gas transmission facilities; and ``(B) incorporate such Corridors upon designation into the relevant agency land use and resource management plans or equivalent plans. ``(2) Considerations.--In evaluating Federal lands for designation as a National Energy Security Corridor, the Secretary shall-- ``(A) employ the principle of multiple use to ensure route decisions balance national energy security needs with existing land use principles; ``(B) seek input from other Federal counterparts, State, local, and tribal governments, and affected utility and pipeline industries to determine the best suitable, most cost-effective, and commercially viable acreage for natural gas transmission facilities; ``(C) focus on transmission routes that improve domestic energy security through increasing reliability, relieving congestion, reducing natural gas prices, and meeting growing demand for natural gas; and ``(D) take into account technological innovations that reduce the need for surface disturbance. ``(3) Procedures.--The Secretary shall establish procedures to expedite and approve applications for rights-of-way for natural gas pipelines across National Energy Security Corridors, that-- ``(A) ensure a transparent process for review of applications for rights-of-way on such corridors; ``(B) require an approval time of not more than 1 year after the date of receipt of an application for a right-of-way; and ``(C) require, upon receipt of such an application, notice to the applicant of a predictable timeline for consideration of the application, that clearly delineates important milestones in the process of such consideration. ``(4) State input.-- ``(A) Requests authorized.--The Governor of a State may submit requests to the Secretary of the Interior to designate Corridors on Federal land in that State. ``(B) Consideration of requests.--After receiving such a request, the Secretary shall respond in writing, within 30 days-- ``(i) acknowledging receipt of the request; and ``(ii) setting forth a timeline in which the Secretary shall grant, deny, or modify such request and state the reasons for doing so. ``(5) Spatial distribution of corridors.--In implementing this subsection, the Secretary shall coordinate with other Federal Departments to-- ``(A) minimize the proliferation of duplicative natural gas pipeline rights-of-way on Federal lands where feasible; ``(B) ensure Corridors can connect effectively across Federal lands; and ``(C) utilize input from utility and pipeline industries submitting applications for rights-of-way to site corridors in economically feasible areas that reduce impacts, to the extent practicable, on local communities. ``(6) Not a major federal action.--Designation of a Corridor under this subsection, and incorporation of Corridors into agency plans under paragraph (1)(B), shall not be treated as a major Federal action for purpose of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ``(7) No limit on number or length of corridors.--Nothing in this subsection limits the number or physical dimensions of Corridors that the Secretary may designate under this subsection. ``(8) Other authority not affected.--Nothing in this subsection affects the authority of the Secretary to issue rights-of-way on Federal land that is not located in a Corridor designated under this subsection. ``(9) NEPA clarification.--All applications for rights-of- way for natural gas transmission facilities across Corridors designated under this subsection shall be subject to the environmental protections outlined in subsection (h).''. (b) Applications Received Before Designation of Corridors.--Any application for a right-of-way under section 28 of the Mineral Leasing Act (30 U.S.C. 185) that is received by the Secretary of the Interior before designation of National Energy Security Corridors under the amendment made by subsection (a) of this section shall be reviewed and acted upon independently by the Secretary without regard to the process for such designation. (c) Deadline.--Within 2 years after the date of the enactment of this Act, the Secretary of the Interior shall designate at least 10 National Energy Security Corridors under the amendment made by subsection (a) in contiguous States referred to in section 368(b) of the Energy Policy Act of 2005 (42 U.S.C. 15926(b)). SEC. 3. NOTIFICATION REQUIREMENT. The Secretary of the Interior shall promptly notify the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of each instance in which any agency or official of the Department of the Interior fails to comply with any schedule established under section 15(c) of the Natural Gas Act (15 U.S.C. 717n(c)).

National Energy Security Corridors Act (Sec. 2) This bill amends the Mineral Leasing Act to allow natural gas pipeline rights-of-way through all federally owned lands, including lands in the National Park System, except lands held in trust for an Indian or Indian tribe and lands on the outer Continental Shelf. The Department of the Interior must: (1) identify and designate suitable federal lands as National Energy Security Corridors for construction, operation, and maintenance of natural gas transmission facilities; and (2) incorporate such Corridors into the relevant agency land use and resource management plans. Additionally, Interior shall: (1) take into account certain considerations when evaluating federal land for designation as a National Energy Security Corridor, and (2) establish specified procedures to expedite and approve applications for rights-of-way for natural gas pipelines across National Energy Security Corridors. The governor of a state may request Corridors to be designated on federal land within that state. For purposes of the National Environmental Policy Act of 1969 neither the designation of a Corridor, nor the incorporation of a Corridor into agency plans, shall be treated as a major federal action subject to environmental impact evaluation. All applications for rights-of-way for natural gas transmission facilities across the designated Corridors shall be subject to specified environmental protections. (Sec. 3) Interior shall notify certain congressional committees whenever an agency or Interior official fails to comply with federal authorization schedules established under the Natural Gas Act.

{"src": "billsum_train", "title": "National Energy Security Corridors Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture Improvement Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Capture and long-term storage of carbon dioxide from coal, natural gas, and biomass-fired power plants, as well as from industrial sectors such as oil refining and production of fertilizer, cement, and ethanol, can help protect the environment while improving the economy and national security of the United States. (2) The United States is a world leader in the field of carbon dioxide capture and long-term storage, as well as the beneficial use of carbon dioxide in enhanced oil recovery operations, with many manufacturers and licensors of carbon dioxide capture technology based in the United States. (3) While the prospects for large-scale carbon capture in the United States are promising, costs remain relatively high. Lowering the financing costs for carbon dioxide capture projects would accelerate the deployment of this technology, and if the captured carbon dioxide is subsequently sold for industrial use, such as for use in enhanced oil recovery operations, the economic prospects are further improved. (4) Since 1968, tax-exempt private activity bonds have been used to provide access to lower-cost financing for private businesses that are purchasing new capital equipment for certain specified environmental facilities, including facilities that reduce, recycle, or dispose of waste, pollutants, and hazardous substances. (5) Allowing tax-exempt financing for the purchase of capital equipment that is used to capture carbon dioxide will reduce the costs of developing carbon dioxide capture projects, accelerate their deployment, and, in conjunction with carbon dioxide utilization and long-term storage, help the United States meet critical environmental, economic, and national security goals. SEC. 3. CARBON DIOXIDE CAPTURE FACILITIES. (a) In General.--Section 142 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) in paragraph (14), by striking ``or'' at the end, (B) in paragraph (15), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new paragraph: ``(16) qualified carbon dioxide capture facilities.'', and (2) by adding at the end the following new subsection: ``(n) Qualified Carbon Dioxide Capture Facility.-- ``(1) In general.--For purposes of subsection (a)(16), the term `qualified carbon dioxide capture facility' means the eligible components of an industrial carbon dioxide facility. ``(2) Definitions.--In this subsection: ``(A) Eligible component.-- ``(i) In general.--The term `eligible component' means any equipment installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and is-- ``(I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or ``(II) integral or functionally related and subordinate to a process described in section 48B(c)(2), determined by substituting `carbon dioxide' for `carbon monoxide' in such section. ``(B) Industrial carbon dioxide facility.-- ``(i) In general.--Except as provided in clause (ii), the term `industrial carbon dioxide facility' means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: ``(I) Fuel combustion. ``(II) Gasification. ``(III) Bioindustrial. ``(IV) Fermentation. ``(V) Any manufacturing industry described in section 48B(c)(7). ``(ii) Exceptions.--For purposes of clause (i), an industrial carbon dioxide facility shall not include-- ``(I) any geological gas facility (as defined in clause (iii)), or ``(II) any air separation unit that-- ``(aa) does not qualify as gasification equipment, or ``(bb) is not a necessary component of an oxy-fuel combustion process. ``(iii) Geological gas facility.--The term `geological gas facility' means a facility that-- ``(I) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, ``(II) transports or removes impurities from such product, or ``(III) separates such product into its constituent parts. ``(3) Capture and storage requirement.-- ``(A) In general.--Subject to subparagraph (B), the eligible components of an industrial carbon dioxide facility shall have a capture and storage percentage (as determined under subparagraph (C)) that is equal to or greater than 65 percent. ``(B) Exception.--In the case of an industrial carbon dioxide facility with a capture and storage percentage that is less than 65 percent, the percentage of the cost of the eligible components installed in such facility that may be financed with tax-exempt bonds may not be greater than the capture and storage percentage. ``(C) Capture and storage percentage.-- ``(i) In general.--Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of-- ``(I) the total metric tons of carbon dioxide annually captured, transported, and injected into-- ``(aa) a facility for geologic storage, or ``(bb) an enhanced oil or gas recovery well followed by geologic storage, divided by ``(II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility. ``(ii) Limited application of eligible components.--In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof.''. (b) Volume Cap.--Section 146(g)(4) of such Code is amended by striking ``paragraph (11) of section 142(a) (relating to high-speed intercity rail facilities)'' and inserting ``paragraph (11) or (16) of section 142(a)''. (c) Clarification of Private Business Use.--Section 141(b)(6) of such Code is amended by adding at the end the following new subparagraph: ``(C) Clarification relating to qualified carbon dioxide capture facilities.--For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(n)) which is owned by a governmental unit shall not constitute private business use.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2017.

Carbon Capture Improvement Act of 2017 This bill amends the Internal Revenue Code to authorize the issuance of tax-exempt facility bonds for the financing of qualified carbon dioxide capture facilities. A "qualified carbon dioxide capture facility" is any equipment installed in an industrial carbon dioxide facility that satisfies specified capture and storage requirements and: (1) is used for the capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility; or (2) is integral or functionally related and subordinate to a gasification process that converts a product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon dioxide and hydrogen for direct use or subsequent chemical or physical conversion.

{"src": "billsum_train", "title": "Carbon Capture Improvement Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission to Study the Culture and Glorification of Violence in America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Violence in the United States may be fueled by interrelated factors such as the media, psychological stress, the role of the school system, gun regulations, and economic characteristics. (2) According to the Department of Justice, there were as many as 1,823,400 serious violent crimes and 419,640 firearm- related incidents in 2005. (3) Teens and young adults experience the highest rates of violent crime. (4) In 2005, approximately 28 percent of public and private school students ages 12-18 reported that they had been bullied at school within the previous 6 months. (5) According to the Department of Justice, the incarceration rate has continuously increased since the 1980s, and prisoners convicted of a violent offense make up over half of the national prison population. (6) According to the Department of Justice, the Federal Government spent $35,400,000,000 on criminal justice in 2005, while local governments spent $103,700,000,000. (7) According to several studies from the American Journal of Economics and Sociology, economic frustration motivates criminal behaviors and inhibits communal deterrence capacities. (8) According to the Department of Labor, the number of unemployed persons has increased from 7,000,000 in June 2007 to 8,500,000 in June 2008. Unemployed workers are more likely to be teenagers, young adults, and African Americans. (9) According to a study from the American Academy of Pediatrics (AAP), prolonged exposure to violence in the media can increase acceptance of violence as an appropriate means of solving problems, can glamorize weapons as sources of personal power, and can contribute to aggressive behavior. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Presidential Commission to Study the Culture and Glorification of Violence in America (hereinafter the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological factors and increased violence; (3) examine the role of the media in the violent atmosphere prevalent today; (4) examine the correlation, if any, between economic frustration and increased violence; (5) examine the correlation, if any, between ease of access to firearms and increased violence; (6) examine the role of the school system in preventing violent behaviors and identifying potential perpetrators of violence; and (7) make findings and conclusions and recommend potential solutions (including recommendations for legislation and administrative action) to alleviate the problems related to the glorification of violence in the United States. SEC. 5. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 16 members (hereinafter the ``members'') who shall be appointed as follows: (1) 8 members appointed by the President. (2) 2 members appointed by the majority leader of the House of Representatives. (3) 2 members appointed by the minority leader of the House of Representatives. (4) 2 members appointed by the majority leader of the Senate. (5) 2 members appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall have special knowledge of or experience in the issue of violence in America, and may include sociologists, psychologists, clergy, school counselors, law enforcement officials, victims of violence, and representatives from the media and the entertainment and gun industries. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (g) Quorum.--Eight members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect one member to act as the Chairperson of the Commission (hereinafter the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) 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 the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under subsection (c) or (e). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 8. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than one year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7. SEC. 10. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriations Acts.

Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Sets forth the duties of such Commission, including an examination of: (1) the glorification of violence in the United States; (2) the relationship between psychological factors and increased violence; (3) the role of media; (4) the correlation between economic frustration and increased violence; (5) the correlation between ease of access to firearms and increased violence; and (6) the role of the schools in preventing violent behaviors and identifying potential perpetrators of violence.

{"src": "billsum_train", "title": "To establish a commission to study the culture and glorification of violence in America."}

SECTION 1. DUTY-FREE TREATMENT FOR TENTS FROM CERTAIN MIDDLE EASTERN COUNTRIES. Notwithstanding any other provision of law, the President shall provide duty-free treatment for any article classified under Harmonized Tariff Schedule heading 6306.22.90 from the beneficiary countries eligible for designation under section 2 of this Act. SEC. 2. DESIGNATION OF ELIGIBLE COUNTRIES. (a) In General.--The President shall designate any country listed in subsection (c) as a beneficiary country. After one year of enactment of this Act, the President shall conduct a review to determine if a basis exists for the withdrawal of duty-free treatment, taking into consideration whether or not each beneficiary country-- (1) has established, or is making continual progress toward establishing-- (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by-- (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) does not engage in activities that undermine United States national security or foreign policy interests, and supports a peaceful resolution of the Israeli-Palestinian conflict; (3) is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) is not listed by the United States Department of State as a state sponsor of terrorism and cooperates fully in international efforts to combat terrorism; (5) does not participate in the primary, secondary, or tertiary economic boycott of Israel; and (6) otherwise meets the eligibility criteria set forth in section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)), other than section 502(b)(2)(B). (b) Continuing Compliance.--If the President determines that a designated beneficiary country no longer meets the requirements described in subsection (a), the President shall terminate the designation of the country made pursuant to subsection (a) and inform Congress of the President's determination and the reasons therefor. (c) Countries Eligible for Designation.--In designating countries as beneficiary countries under this Act, the President shall consider only the following countries of the greater Middle East or their successor political entities: (1) Afghanistan. (2) Algeria. (3) Azerbaijan. (4) Bahrain. (5) Bangladesh. (6) Egypt. (7) Iraq. (8) Kuwait. (9) Lebanon. (10) Morocco. (11) Oman. (12) Pakistan. (13) Qatar. (14) Saudi Arabia. (15) Tunisia. (16) Turkey. (17) United Arab Emirates. (18) Yemen. (d) The Palestinian Authority.--The President is also authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be accorded benefits under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority-- (1) satisfies the conditions of subsection (a) (1) and (2); (2) does not participate in acts of terrorism, and takes active measure to combat terrorism; (3) cooperates fully in international efforts to combat terrorism; (4) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and the press, freedom of peaceful assembly and association, and freedom of religion; and (5) accepts Israel's right to exist in peace within secure borders. SEC. 3. RULE OF ORIGIN. (a) General Rule.--The duty-free treatment provided under this Act shall apply to any article which is the growth, product, or manufacture of 1 or more beneficiary countries if-- (1) that article is imported directly from a beneficiary country into the customs territory of the United States; and (2) the sum of-- (A) the cost or value of the materials produced in 1 or more beneficiary countries, plus (B) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. For purposes of determining the percentage referred to in subparagraph (2), if the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such U.S. cost or value may be applied toward determining the percentage referred to in subparagraph (2).

Directs the President to provide duty-free treatment for certain tents imported from Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Egypt, Iraq, Kuwait, Lebanon, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, Turkey, the United Arab Emirates, or Yemen (beneficiary countries). Requires the President, after one year, to review and determine if a basis exists for withdrawal of such duty-free treatment, taking into consideration whether or not each beneficiary country: (1) has established, or is making continual progress toward establishing, a market-based economy, the rule of law and the right to due process, political pluralism, and other specified economic and political goals; (2) does not engage in activities that undermine U.S. national security or foreign policy interests, and supports a peaceful resolution of the Israeli-Palestinian conflict; (3) is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; (4) is not listed by the U.S. Department of State as a state sponsor of terrorism and cooperates fully in international efforts to combat terrorism; (5) does not participate in the primary, secondary, or tertiary economic boycott of Israel; and (6) otherwise meets specified eligibility criteria of the Trade Act of 1974. Requires the President to terminate the designation of any beneficiary country determined no longer to meet such requirements. Authorizes the President to designate the Palestinian Authority or its successor political entity as a beneficiary political entity accorded benefits under this Act as if it were a beneficiary country, if the Authority; (1) meets the first two requirements of this Act; (2) does not participate in acts of terrorism, and takes active measures to combat terrorism; (3) cooperates fully in international efforts to combat terrorism; (4) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; and (5) accepts Israel's right to exist in peace within secure borders. Prescribes the rule of origin for tents imported directly from beneficiary countries. Requires that the sum of the cost or value of the materials produced in one or more beneficiary countries, plus the direct cost of processing operations performed in such beneficiary country or countries, be at least 35 percent of the appraised value of such article at the time it is entered into the U.S. customs territory.

{"src": "billsum_train", "title": "To extend trade benefits to certain tents imported into the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Respect Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental rights. (3) An alarming trend of violence directed at lesbian, gay, bisexual, and transgender (in this section referred to as ``LGBT'') individuals around the world continues. (4) More than one-third of all countries have laws criminalizing consensual same-sex relations, and countries such as Nigeria, the Russian Federation, Uganda, and Ukraine have recently considered or passed legislation that would further target LGBT individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Persons who commit crimes against LGBT individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBT individuals. (8) There are too many instances in which police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBT individuals, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBT individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground because of inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBT individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBT individuals. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) Person.--The term ``person'' means an individual or entity. (4) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information-- (1) is responsible for or complicit in extrajudicial killing, torture, or other gross violation of internationally recognized human rights, including widespread or systematic violation of the fundamental freedoms of expression, association, or assembly, committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Updates.--The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Guidance Relating to Submission of Certain Information.--The Secretary of State shall issue public guidance, including through United States diplomatic and consular posts, relating to how names of foreign persons who may be included on the list required by subsection (a) may be submitted to the Department of State. (d) Form.-- (1) In general.--The list required by subsection (a) shall be submitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before transmitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in subsection (a). (3) Consideration of certain information.--In preparing the list required by subsection (a), the President shall consider-- (A) information provided by the chairperson or ranking member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability.--The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (e) Removal From List.--A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the foreign person from the list that-- (1) credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list; (2) the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the foreign person engaged, and has credibly committed to not engage in an activity described in subsection (a). (f) Requests by Chairperson or Ranking Member of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall transmit a response to that chairperson or ranking member, as the case may be, with respect to the status of that foreign person. (2) Form.--The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal.-- (A) In general.--If the President removes a foreign person from the list required by subsection (a), the President shall provide the chairpersons and ranking members of the appropriate congressional committees with any information that contributed to the decision to remove the foreign person from the list. (B) Form of information.--The President may submit the information required by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (g) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas and Admission to the United States.--An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current Visas Revoked and Removal From United States.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection (a), and the Secretary of Homeland Security shall remove from the United States such an individual. (c) Waiver for National Security Interests.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security, in consultation with the President, may waive the application of subsection (a) or (b), as the case may be, in the case of an individual if-- (A) the Secretaries determine that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretaries provide to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers.--In the case of a waiver under subparagraph (A)(ii) of paragraph (1), the Secretary of State and the Secretary of Homeland Security shall submit the notice required by subparagraph (B) of such paragraph not later than 15 days before granting the waiver. (d) Regulatory Authority.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of State, shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including-- (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding the report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons for those increases or decreases; and (2) efforts by the executive branch to coordinate with the governments of other countries to, as appropriate, impose sanctions that are similar to the sanctions imposed under this Act. SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Tracking Violence or Criminalization Related to Sexual Orientation or Gender Identity.--The Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate a senior officer or officers of the Bureau for Democracy, Human Rights, and Labor who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d))-- (A) in paragraph (11)(C), by striking ``and'' at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly (as those freedoms are interpreted under United States law), of individuals in foreign countries that is based on actual or perceived sexual orientation or gender identity.''; and (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following new sentence: ``Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly (as those freedoms are interpreted under United States law), of individuals in foreign countries that is based on actual or perceived sexual orientation or gender identity.''.

Global Respect Act The President shall submit to Congress a list of each foreign person that the President determines is responsible, or acted as an agent, for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. A listed foreign person shall be ineligible to enter or be admitted to the United States. Any visa issued for such person is revoked. The Department of State and the Department of Homeland Security shall waive this prohibition if in U.S. national security interests or if necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification before any such waiver is required. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to include information on sexual orientation or gender identity violence or restrictions in the annual country reports on human rights practices.

{"src": "billsum_train", "title": "Global Respect Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oklahoma City National Memorial Act of 1997''. SEC. 2 FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) few events in the past quarter-century have rocked Americans' perception of themselves and their institutions, and brought together the people of our Nation with greater intensity than the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in downtown Oklahoma City; (2) the resulting deaths of 168 people, some of whom were children, immediately touched thousands of family members whose lives will forever bear scars of having those precious to them taken away so brutally; (3) suffering with such families are countless survivors, including children, who struggle not only with the suffering around them, but their own physical and emotional injuries and with shaping a life beyond April 19; (4) such losses and struggles are personal and, since they resulted from so public an attack, they are also shared with a community, a nation, and the world; and, (5) the story of the bombing does not stop with the attack itself or with the many losses it caused. The responses of Oklahoma's public servants and private citizens, and those from throughout the nation, remain as a testament to the sense of unity, compassion, even heroism, that characterized the rescue and recovery following the bombing. (6) During the days immediately following the Oklahoma City bombing, Americans and people from around the world of all races, political philosophies, religions and walks of life responded with unprecedented solidarity and selflessness; and (7) Given the national and international impact and reaction, the federal character of the site of the bombing, and the significant percentage of the victims and survivors who were federal employees the Oklahoma City Memorial will be established, designed, managed and maintained to educate present and future generations, through a public/private partnership, to work together efficiently and respectfully in developing a National Memorial relating to all aspects of the April 19, 1995, bombing in Oklahoma City. SEC. 3. DEFINITIONS. In this Act: (1) Memorial.--The term ``Memorial'' means the Oklahoma City National Memorial designated under section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust.--The term ``Trust'' means the Oklahoma City National Memorial Trust designated under section 5(a). SEC. 4. OKLAHOMA CITY NATIONAL MEMORIAL. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States and the World, as a National Memorial certain lands located in Oklahoma City, Oklahoma, there is established as a unit of the National Park System the Oklahoma City National Memorial. The Memorial shall be administered by the Trust in cooperation with the Secretary and in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat 666; 16 U.S.C. 461-467). (b) The Memorial area shall be comprised of the lands, facilities and structures generally depicted on the map entitled ``Oklahoma City National Memorial'', numbered OCNM 001, and dated May 1997 (hereinafter referred to in this Act as the ``map''): (1) Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Trust. (2) After advising the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, in writing, the Trust, as established by section 5 of this Act, in consultation with the Secretary, may make minor revisions of the boundaries of the Memorial when necessary by publication of a revised drawing or other boundary description in the Federal Register. SEC. 5. OKLAHOMA CITY NATIONAL MEMORIAL TRUST. (a) Establishment.--There is established a wholly owned government corporation to be known as the Oklahoma City National Memorial Trust. (b) Board of Directors.-- (1) In general.--The powers and management of the Trust shall be vested in a board of Directors (hereinafter referred to as the ``Board'') consisting of the following 9 members: (A) The Secretary or the Secretary's designee. (B) Eight individuals, appointed by the President, from a list of recommendations submitted by the Governor of the State of Oklahoma; and a list of recommendations submitted by the Mayor of Oklahoma City, Oklahoma; and a list of recommendations submitted by the United States Senators from Oklahoma; and, a list of recommendations submitted by United States Representatives from Oklahoma. The President shall make the appointments referred to in this subparagraph within 90 days after the enactment of this Act. (2) Terms.--Members of the Board appointed under paragraph (1)(B) shall each serve for a term of 4 years, except that of the members first appointed, 2 shall serve for a term of 3 years; and 2 shall serve a term of 2 years. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made, and any member appointed to fill a vacancy shall serve for the remainder of that term for which his or her predecessor was appointed. No appointed member may serve more than 8 years in consecutive terms. (3) Quorum.--Five members of the Board shall constitute a quorum for the conduct of business by the Board. (4) Organization and compensation.--The Board shall organize itself in such a manner as it deems most appropriate to effectively carry out the authorized activities of the Trust. Board members shall serve without pay, but may be reimbursed for the actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Trust. (5) Liability of directors.--Members of the Board of Directors shall not be considered Federal employees by virtue of their membership on the Board, except for purposes of the Federal Tort Claims Act and the Ethics in Government Act, and the provisions of chapter 11 of title 18, United States Code. (6) Meetings.--The Board shall meet at least three times per year in Oklahoma City, Oklahoma and at least two of those meetings shall be opened to the public. Upon a majority vote, the Board may close any other meetings to the public. The Board shall establish procedures for providing public information and opportunities for public comment regarding operations maintenance and management of the Memorial; as well as, policy, planning and design issues. (7) Staff.-- (A) Non-national park service staff.--The Trust is authorized to appoint and fix the compensation and duties of an executive director and such other officers and employees as it deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may pay them without regard to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code, relating to classification and General Schedule pay rates. (B) Interim park service staff.--At the request of the Trust, the Secretary shall provide for a period not to exceed 2 years, such personnel and technical expertise, as necessary, to provide assistance in the implementation of the provisions of this Act. (C) Park service staff.--At the request of the Trust, the Secretary shall provide such uniformed personnel, on a reimbursable basis, to carry out day to day visitor service programs. (D) Other federal employees.--At the request of the Trust, the Director of any other Federal agency may provide such personnel, on a reimbursable basis, to carry out day to day visitor service programs. (8) Necessary powers.--The Trust shall have all necessary and proper powers for the exercise of the authorities vested in it. (9) Taxes.--The Trust and all properties administered by the Trust shall be exempt from all taxes and special assessments of every kind by the State of Oklahoma, and its political subdivisions including the county of Oklahoma and the city of Oklahoma City. (10) Government corporation.-- (A) The Trust shall be treated as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly referred to as the Government Corporation Control Act). Financial statements of the Trust shall be audited annually in accordance with section 9105 of title 31 of the United States Code. (B) At the end of each calendar year, the Trust shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the House of Representatives a comprehensive and detailed report of its operations, activities, and accomplishments for the prior fiscal year. The report also shall include a section that describes in general terms the Trust's goals for the current fiscal year. SEC. 6. DUTIES AND AUTHORITIES OF THE TRUST. (a) Overall Requirements of the Trust.--The Trust shall administer the operation, maintenance, management and interpretation of the Memorial including, but not limited to, leasing, rehabilitation, repair and improvement of property within the Memorial under its administrative jurisdiction using the authorities provided in this section, which shall be exercised in accordance with-- (1) the provisions of law generally applicable to units of the National Park Service, including: ``An Act to establish a National Park Service, and for other purposes'' approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); (2) the Act of August 21, 1935 (49 Stat. 666; U.S.C. 461- 467; (3) the general objectives of the ``Memorial Mission Statement'', adopted March 26, 1996, by the Oklahoma City Memorial Foundation; (4) the ``Oklahoma City Memorial Foundation Intergovernmental Letter of Understanding'', dated, October 28, 1996; and (5) the Cooperative Agreement to be entered into between the Trust and the Secretary pursuant to this Act. (b) Authorities.-- (1) The Trust may participate in the development of programs and activities at the properties designated by the map, and the Trust shall have the authority to negotiate and enter into such agreements, leases, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including, without limitation, entities of Federal, State and local governments as are necessary and appropriate to carry out its authorized activities. Any such agreements may be entered into without regard to section 321 of the Act of June 30, 1932 (40 U.S.C. 303b). (2) The Trust shall establish procedures for lease agreements and other agreements for use and occupancy of Memorial facilities, including a requirement that in entering into such agreements the Trust shall obtain reasonable competition. (3) The Trust may not dispose of or convey fee title to any real property transferred to it under this Act. (4) Federal laws and regulations governing procurement by Federal Agencies shall not apply to the Trust, with the exception of laws and regulations related to Federal Government contracts governing working conditions, and any civil rights provisions otherwise applicable thereto. (5) The Trust, in consultation with the Administrator of Federal Procurement Policy, shall establish and promulgate procedures applicable to the Trust's procurement of goods and services including, but not limited to, the award of contracts on the basis of contractor qualifications, price, commercially reasonable buying practices, and reasonable competition. (c) Management Program.--Within one year after the enactment of this Act, the Trust, in consultation with the Secretary, shall develop a cooperative agreement for management of those lands, operations and facilities within the Memorial established by this Act. In furtherance of the general purposes of this Act, the Secretary and the Trust shall enter into a Cooperative Agreement pursuant to which the Secretary shall provide technical assistance for the planning, preservation, maintenance, management, and interpretation of the Memorial. The Secretary also shall provide such maintenance, interpretation, curatorial management, and general management as mutually agreed to by the Secretary and the Trust. (d) Donations.--The Trust may solicit and accept donations of funds, property, supplies, or services from individuals, foundations, corporations, and other private or public entities for the purposes of carrying out its duties. (e) Proceeds.--Notwithstanding section 1341 of title 31 of the United States Code, all proceeds received by the Trust shall be retained by the Trust, and such proceeds shall be available, without further appropriation, for the administration, operation, preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Memorial properties under its administrative jurisdiction. The Secretary of the Treasury, at the option of the Trust shall invest excess monies of the Trust in public debt securities which shall bear interest at rates determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity. (f) Suits.--The Trust may sue and be sued in its own name to the same extent as the Federal Government. Litigation arising out of the activities of the Trust shall be conducted by the Attorney General; except that the Trust may retain private attorneys to provide advice and counsel. The District Court for the Western District of Oklahoma shall have exclusive jurisdiction over any suit filed against the Trust. (g) Bylaws, Rules and Regulations.--The Trust may adopt, amend, repeal, and enforce bylaws, rules and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised. The Trust is authorized, in consultation with the Secretary, to adopt and to enforce those rules and regulations that are applicable to the operation of the National Park System and that may be necessary and appropriate to carry out its duties and responsibilities under this Act. The Trust shall give notice of the adoption of such rules and regulations by publication in the Federal Register. (h) Insurance.--The Trust shall require that all leaseholders and contractors procure proper insurance against any loss in connection with properties under lease or contract, or the authorized activities granted in such lease or contract, as is reasonable and customary. SEC. 7. LIMITATIONS ON FUNDING. (a) Authorization of Appropriations.-- (1) In general.--In furtherance of the purposes of this Act, there is hereby authorized the sum of $5,000,000, to remain available until expended. (2) Matching requirement.--Amounts appropriated in any fiscal year to carry out the provisions of this Act may only be expended on a matching basis in a ratio of at least one non- Federal dollar to every Federal Dollar. For the purposes of this provision, each non-Federal dollar donated to the Trust or to the Oklahoma City Memorial Foundation for the creation, maintenance, or operation of the Memorial shall satisfy the matching dollar requirement without regard to the fiscal year in which such donation is made. SEC. 8. ALFRED P. MURRAH FEDERAL BUILDING. (a) Prior to the construction of the Memorial the Administrator of General Services shall, among other actions, exchange, sell, lease, donate, or otherwise dispose of the site of the Alfred P. Murrah Federal Building, or a portion thereof, to the Trust. Any such disposal shall not be subject to-- (1) the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.); (2) the Federal Property and Administrative Services Act of 1949 (40 U.S.C. et seq.); or (3) any other Federal law establishing requirements or procedures for the disposal of Federal property. SEC. 9. GENERAL ACCOUNTING OFFICE STUDY. (a) Six years after the first meeting of the Board of Directors of the Trust, the General Accounting Office shall conduct an interim study of the activities of the Trust and shall report the results of the study to the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate, and the Committee on Resources and Committee on Appropriations of the House of Representatives. The study shall include, but shall not be limited to, details of how the Trust is meeting its obligations under this Act.

Oklahoma City National Memorial Act of 1997 - Establishes: (1) the Oklahoma City National Memorial in Oklahoma City, Oklahoma, as a National Park System unit; and (2) the Oklahoma City National Memorial Trust, as a wholly owned Government corporation, to administer the operation, maintenance, management, and interpretation of the Memorial. Requires the Trust to develop a cooperative agreement for management of lands, operations, and facilities within the Memorial. Requires the Secretary of the Interior and the Trust to enter into a cooperative agreement under which the Secretary shall provide technical assistance for the planning, preservation, maintenance, management, and interpretation of the Memorial and such maintenance, interpretation, curatorial management, and general management as mutually agreed upon by the respective parties. Authorizes appropriations. Requires amounts appropriated in any fiscal year to carry out this Act to be expended only on a matching basis in a ratio of at least one non-Federal dollar to every Federal dollar. Requires, before the construction of the Memorial, the Administrator of the General Services Administration to exchange, sell, lease, donate, or otherwise dispose of the site of the Alfred P. Murrah Federal Building, or a portion thereof, to the Trust. Exempts such disposal from: (1) the Public Buildings Act of 1959; (2) the Federal Property and Administrative Services Act of 1949; and (3) any other Federal law establishing requirements or procedures for Federal property disposal. Directs the General Accounting Office, six years after the first meeting of the Trust's Board of Directors, to study and report to specified congressional committees on the Trust's activities.

{"src": "billsum_train", "title": "Oklahoma City National Memorial Act of 1997"}

SECTION 1. CHANGES IN THRESHOLD AND OTHER TESTS FOR DETERMINING AMOUNT OF WAGES PAID TO AGRICULTURAL WORKERS THAT ARE SUBJECT TO SOCIAL SECURITY AND MEDICARE TAXES. (a) Increase in $150 Remuneration Threshold to $1,000 and Increase in Total Farm Payroll Test.-- (1) Internal revenue code of 1986.--Subparagraph (B) of section 3121(a)(8) of the Internal Revenue Code of 1986 (relating to definition of wages) is amended-- (A) in clause (i), by striking ``$150'' and inserting ``$1,000''; and (B) in clause (ii), by striking ``$2500'' and inserting ``$50,000''. (2) Social security act.--Subparagraph (B) of section 209(a)(7) of the Social Security Act (42 U.S.C. 409(a)(7)(B)) (relating to definition of wages) is amended-- (A) in clause (i), by striking ``$150'' and inserting ``$1,000''; and (B) in clause (ii), by striking ``$2500'' and inserting ``$50,000''. (b) Adjustment for Inflation.-- (1) Internal revenue code of 1986.--Subsection (i) of section 3121 of the Internal Revenue Code of 1986 (relating to computation of wages in certain cases) is amended by adding at the end the following new paragraph: ``(6) Agricultural labor.-- ``(A) In general.--For purposes of this chapter, in the case of agricultural labor referred to in subsection (a)(8), in the case of a calendar year after 2003, the $1,000 amount contained in subparagraph (B)(i), and the $50,000 amount contained in subparagraph (B)(ii), shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (2) Social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection: ``(l)(1) For purposes of this title, in the case of agricultural labor referred to in subsection (a)(7), in the case of a calendar year after 2003, the $1,000 amount contained in subparagraph (B)(i), and the $50,000 amount contained in subparagraph (B)(ii), shall each be increased in the same manner as the $1,000 amount and the $50,000 amount, respectively, contained in section 3121(a)(8)(B) of the Internal Revenue Code of 1986 are increased pursuant to section 3121(i)(6) of such Code.''. (c) Exemption for Service Performed by Certain Full-Time Students.-- (1) Internal revenue code of 1986.--Section 3121(b) of the Internal Revenue Code of 1986 (relating to definition of employment) is amended by striking ``or'' at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting ``; or'', and by adding at the end the following new paragraph: ``(22) agricultural labor performed by a full-time student who has not attained 18 years of age.''. (2) Social security act.--Section 210(a) of the Social Security Act (42 U.S.C. 410(a)) is amended-- (A) by striking ``or'' at the end of paragraph (20), (B) by striking the period at the end of paragraph (21) and inserting ``; or'', and (C) by inserting after paragraph (21) the following new paragraph: ``(22) Agricultural labor performed by a full-time student who has not attained 18 years of age.''. (d) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2003. SEC. 2. COORDINATION OF COLLECTION OF AGRICULTURAL LABOR EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. (a) In General.--Subsection (c) of section 3510 of the Internal Revenue Code of 1986 (relating to coordination of collection of domestic service employment taxes with collection of income taxes) is amended to read as follows: ``(c) Eligible Employment Taxes.-- ``(1) In general.--For purposes of this section, the term `eligible employment taxes' means-- ``(A) domestic service employment taxes, and ``(B) agricultural labor employment taxes. ``(2) Domestic service employment taxes.--For purposes of paragraph (1), the term `domestic service employment taxes' means-- ``(A) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(B) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this paragraph, the term `domestic service in a private home of the employer' includes domestic service described in section 3121(g)(5). ``(3) Agricultural labor employment taxes.--For purposes of paragraph (1), the term `agricultural labor employment taxes' means-- ``(A) any taxes imposed by chapter 21 or 23 on remuneration paid for agricultural labor, and ``(B) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this paragraph, the term `agricultural labor' has the meaning provided in section 3121(g).''. (b) Conforming Amendments.-- (1) The heading of section 3510 of such Code is amended by inserting ``AND AGRICULTURAL LABOR'' after ``DOMESTIC SERVICE''. (2) Subsections (a)(1), (b)(1), (e), and (f)(1) of such section are each amended by striking ``domestic service employment taxes'' and inserting ``eligible employment taxes''. (3) The heading of subsection (b) of such section is amended by striking ``Domestic Service'' and inserting ``Eligible''. (4) Subsection (d) and the first sentence of subsection (f)(1) of such section are each amended by inserting before the period at the end the following: ``or for agricultural labor''. (5) Subsection (e) of such section is amended by inserting before the period at the end the following: ``and agricultural labor employers' income taxes''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2003.

Amends the Internal Revenue Code and the Social Security Act to increase the cash remuneration or employer expenditure thresholds for agricultural labor wage purposes.Exempts from the definition of "employment" for employer tax purposes agricultural labor performed by a full-time student under 18 years old.Amends the Code to provide for collection coordination of agricultural labor employment tax and income tax.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to change certain threshold and other tests in order to decrease the amount of farm labor wages that are subject to Social Security and Medicare taxes, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Forced Arbitration for Victims of Data Breaches Act of 2018''. SEC. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. An entity may not require, as part of a customer or other similar agreement, an individual to agree to submit any dispute related to a security breach, including any dispute related to identity theft, to arbitration. SEC. 3. APPLICABILITY. A provision of an agreement entered into prior to the date of the enactment of this Act, that violates section 2, is void. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 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. (b) Powers of Commission.--The 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. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. (c) Rules.--The Commission shall promulgate, under section 553 of title 5, United States Code, such rules as may be necessary to carry out the provisions of this Act. SEC. 5. ENFORCEMENT BY STATES. (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, 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 to obtain appropriate relief. (b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. (B) Contents.--The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (2) Intervention by federal trade commission.--The Commission may-- (A) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (B) 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. (c) 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. (d) 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 section 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. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. SEC. 6. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. The individual shall also be entitled to recover its costs of litigation and reasonable attorney's fees and expert witness fees, against any entity or person found to be liable for such violation. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. (c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. (e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``security breach''-- (A) means a compromise of the security, confidentiality, or integrity of, or the loss of, computerized data that results in, or there is a reasonable basis to conclude has resulted in-- (i) the unauthorized acquisition of sensitive personally identifiable information; or (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization; (B) does not include any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an element of the intelligence community; and (2) the term ``sensitive personally identifiable information'' means any information or compilation of information, in electronic or digital form that includes one or more of the following: (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (B) A Social Security number (but not including only the last four digits of a Social Security number), driver's license number, passport number, or alien registration number or other Government-issued unique identification number. (C) Unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (E) A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords.

Ending Forced Arbitration for Victims of Data Breaches Act of 2018 This bill prohibits an entity from requiring, as part of a customer agreement or other similar agreement, that an individual agree to submit to arbitration a dispute related to a security breach. With respect to this prohibition, the bill establishes a private right to action as well as provides for enforcement by the Federal Trade Commission and by states.

{"src": "billsum_train", "title": "Ending Forced Arbitration for Victims of Data Breaches Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fossil Creek Wild and Scenic River Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the restoration of stream flow to Fossil Creek resulting from the decommissioning of the Childs-Irving Hydroelectric Project by the Arizona Public Service Company is a demonstration of remarkable corporate stewardship resulting in the rebirth of a river; (2) the spring-fed waters of Fossil Creek are exceptional for central Arizona and the travertine geological formations are rarely found anywhere in the United States; (3) the restoration of stream flow to Fossil Creek will provide riparian habitat for native fish, birds, plants, mammals, amphibians, and reptiles; (4) the Yavapai-Apache Nation considers Fossil Creek to be a sacred place, with significant spiritual and cultural values; (5) the Verde River, into which Fossil Creek flows, has previously been added to the National Wild and Scenic Rivers System; (6) the Northern Arizona University has invested significant resources in studying the restoration of Fossil Creek and the unique geological, hydrological, and biological characteristics of Fossil Creek; (7) State and Federal land and resource management agencies have invested significant resources in restoring the native fish populations of Fossil Creek through barrier construction and stream renovation activities; (8) the Fossil Creek watershed will continue to provide opportunities for hiking, swimming, camping, horseback riding, wildlife viewing, hunting, and livestock grazing; (9) the Forest Service has determined that Fossil Creek is eligible for inclusion into the National Wild and Scenic Rivers System based on the free-flowing condition and outstandingly remarkable geology, ecology, fish, wildlife, cultural, and scenic values of the creek; and (10) this reborn river deserves long-term protection secured by a sustainable management plan that recognizes and maintains the remarkable values of the Fossil Creek area. SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by redesignating the last paragraph (relating to the White Salmon River, Washington) as paragraph (167); and (2) by adding at the end the following: ``(168) Fossil creek, arizona.-- ``(A) Upper fossil creek.--From the source at Fossil Springs below Sand Rock and Calf Pen Canyons to where the water leaves the Fossil Spring Wilderness Area, as a wild river. ``(B) Middle fossil creek.--From the border of the Fossil Spring Wilderness Area to the Mazatzal Wilderness Boundary, as a scenic river. ``(C) Segment.--The 6.6 miles from the Mazatzal Wilderness Boundary down to the confluence with the Verde River, as a wild river.''. SEC. 4. MANAGEMENT OF RIVER SEGMENTS. The Secretary of Agriculture shall-- (1) manage the river segments designated in section 3; and (2) submit a river management plan for the designated segments to Congress not later than 2 years after the date of enactment of this Act. SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES. (a) Arizona Public Service Company.--Without further consultation under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), Arizona Public Service Company, the former licensee for the Childs- Irving Hydroelectric Project (FERC project number 2069), may conduct project decommissioning and restoration activities agreed to in the surrender application and relevant docketed filings with the Federal Energy Regulatory Commission. (b) Federal and State Agencies.--Any Federal or State agency may conduct stream restoration and barrier maintenance activities in accordance with the environmental assessment and finding of no significant impact for the Fossil Creek Native Fish Restoration Project dated 2004. SEC. 6. STREAM MONITORING. Notwithstanding the amendment made by section 3, the United States Geological Survey or any permittee of the Forest Service may undertake any necessary activities, including access by any existing road, to install, operate, maintain, or otherwise manage 1 or more stream flow gauges on Fossil Creek in cooperation with the Forest Service for the purpose of monitoring and collecting stream flow and other water resource information. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary for each fiscal year-- (1) to prepare management plans for all river segments designated as wild or scenic rivers under section 3 not later than 2 years after the date of designation, in accordance with section 3(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)(1)); (2) to fund a river ranger to oversee Fossil Creek; and (3) to otherwise carry out this Act.

Fossil Creek Wild and Scenic River Act of 2005 - Amends the Wild and Scenic Rivers Act to designate specified segments of Fossil Creek, a tributary to the Verde River in Arizona, as components of the national wild and scenic rivers system. Requires the Secretary of Agriculture to submit a river management plan for the designated segments.

{"src": "billsum_train", "title": "A bill to designate segments of Fossil Creek, a tributary to the Verde River in the State of Arizona, as wild and scenic rivers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban it All, Ban it Now Act''. SEC. 2. EXPANSION OF CURRENT BAN ON USE OF SOFT MONEY BY POLITICAL PARTIES AND CANDIDATES. (a) In General.--Section 323 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i) is amended to read as follows: ``SEC. 323. SOFT MONEY OF POLITICAL PARTIES. ``(a) National Committees.-- ``(1) In general.--A national committee of a political party (including a national congressional or Senatorial campaign committee of a political party) may not solicit, receive, or direct to another person a contribution, donation, or transfer of funds or any other thing of value, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Applicability.--The prohibition established by paragraph (1) applies-- ``(A) to any such national committee, any officer or agent acting on behalf of such a national committee, and any entity that is directly or indirectly established, financed, maintained, or controlled by such a national committee; and ``(B) to all activities of such committee and the persons described in subparagraph (A), including the construction or purchase of an office building or facility, the influencing of the reapportionment decisions of a State, and the financing of litigation relating to the reapportionment decisions of a State. ``(b) State, District, and Local Committees.--Any amount that is expended or disbursed for Federal election activity by a State, district, or local committee of a political party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local committee of a political party and an officer or agent acting on behalf of such committee or entity), or by an association or similar group of candidates for State or local office or individuals holding State or local office, shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(c) Fundraising Costs.--An amount spent by a person described in subsection (a) or (b) to raise funds that are used, in whole or in part, for expenditures and disbursements for a Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Tax-Exempt Organizations.--A national, State, district, or local committee of a political party (including a national congressional or Senatorial campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to-- ``(1) an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section) and that makes expenditures or disbursements in connection with an election for Federal office (including expenditures or disbursements for Federal election activity); or ``(2) an organization described in section 527 of such Code (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office). ``(e) Federal Candidates.-- ``(1) In general.--A candidate, individual holding Federal office, agent of a candidate or an individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of 1 or more candidates or individuals holding Federal office, shall not-- ``(A) solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or ``(B) solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds-- ``(i) are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1), (2), and (3) of section 315(a); and ``(ii) are not from sources prohibited by this Act from making contributions in connection with an election for Federal office. ``(2) State law.--Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual described in such paragraph who is also a candidate for a State or local office solely in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law and refers only to such State or local candidate, or to any other candidate for the State or local office sought by such candidate, or both. ``(3) Fundraising events.--Notwithstanding paragraph (1), a candidate or an individual holding Federal office may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party. ``(4) Limitation applicable for purposes of solicitation of donations by individuals to certain organizations.--In the case of the solicitation of funds by any person described in paragraph (1) on behalf of any entity described in subsection (d) which is made specifically for funds to be used for activities described in clauses (i) and (ii) of section 301(20)(A), or made for any such entity which engages primarily in activities described in such clauses, the limitation applicable for purposes of a donation of funds by an individual shall be the limitation set forth in section 315(a)(1)(D). ``(f) State Candidates.-- ``(1) In general.--A candidate for State or local office, individual holding State or local office, or an agent of such a candidate or individual may not spend any funds for a communication described in section 301(20)(A)(iii) unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Exception for certain communications.--Paragraph (1) shall not apply to an individual described in such paragraph if the communication involved is in connection with an election for such State or local office and refers only to such individual or to any other candidate for the State or local office held or sought by such individual, or both.''. (b) Conforming Certain Definitions.-- (1) Federal election activity.--Section 301(20) of such Act (2 U.S.C. 431) is amended to read as follows: ``(20) Federal election activity.-- ``(A) In general.--The term `Federal election activity' means-- ``(i) voter registration activity; ``(ii) voter identification, get-out-the- vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); or ``(iii) a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate). ``(B) Excluded activity.--The term `Federal election activity' does not include an amount expended or disbursed by a State, district, or local committee of a political party for-- ``(i) a public communication that refers solely to a clearly identified candidate for State or local office, if the communication is not a Federal election activity described in subparagraph (A)(i) or (ii); ``(ii) a contribution to a candidate for State or local office, provided the contribution is not designated or used to pay for a Federal election activity described in subparagraph (A); or ``(iii) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office.''. (2) Mass mailing.--Section 301(23) of such Act (2 U.S.C. 431(23)) is amended by striking ``30-day period'' and inserting ``1-year period''. (3) Telephone bank.--Section 301(24) of such Act (2 U.S.C. 431(24)) is amended by striking ``30-day period'' and inserting ``1-year period''. SEC. 3. BAN ON USE OF SOFT MONEY BY CORPORATIONS AND LABOR ORGANIZATIONS FOR NONPARTISAN VOTER REGISTRATION AND GET- OUT-THE-VOTE ACTIVITIES. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``(B) nonpartisan registration and get-out-the-vote campaigns'' and all that follows through ``and (C)'' and inserting ``and (B)''. SEC. 4. BAN ON USE OF SOFT MONEY FOR GET-OUT-THE-VOTE ACTIVITIES BY CERTAIN ORGANIZATIONS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on use of nonfederal funds for get-out-the-vote activities by certain organizations ``Sec. 325. (a) In General.--Any amount expended or disbursed for get-out-the-vote activities by any organization described in subsection (b) shall be made from amounts subject to the limitations, prohibitions, and reporting requirements of this Act. ``(b) Organizations Described.--An organization described in this subsection is-- ``(1) an organization that is described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section); or ``(2) an organization described in section 527 of such Code (other than a State, district, or local committee of a political party, a candidate for State or local office, or the authorized campaign committee of a candidate for State or local office).''. SEC. 5. BAN ON USE OF SOFT MONEY FOR ANY PARTISAN VOTER REGISTRATION ACTIVITIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 4, is further amended by adding at the end the following new section: ``ban on use of nonfederal funds for partisan voter registration activities ``Sec. 326. No person may expend or disburse any funds for partisan voter registration activity which are not subject to the limitations, prohibitions, and reporting requirements of this Act.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after December 2006.

Ban it All, Ban it Now Act - Amends the Federal Election Campaign Act of 1971 with respect to the ban on the use of soft money by political parties and candidates. Applies the ban to all activities of a national committee of a political party and its officers and agents, including the construction or purchase of an office building of facility, the influencing of a state's reapportionment decisions, and the financing of litigation relating to such reapportionment decisions. Reduces from $20,000 to $10,000 the maximum amount of donations by an individual to a tax-exempt organization for voter registration and get-out-the-vote activities. Subjects to the limitations, prohibitions, and reporting requirements of such Act the use of soft money: (1) by corporations and labor organizations for nonpartisan voter registration and get-out-the vote activities; (2) by certain tax-exempt or 527 political organizations for get-out-the-vote activities; and (3) for any partisan voter registration activities.

{"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to ban soft money, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Do Not Track Me Online Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered entity.--The term ``covered entity'' means a person engaged in interstate commerce that collects or stores online data containing covered information. Such term does not include-- (A) the Federal Government or any instrumentality of the Federal Government, nor the government of any State or political subdivision of a State; or (B) any person that can demonstrate that such person-- (i) stores covered information from or about fewer than 15,000 individuals; (ii) collects covered information from or about fewer than 10,000 individuals during any 12-month period; (iii) does not collect or store sensitive information; and (iv) does not use covered information to study, monitor, or analyze the behavior of individuals as the person's primary business. (3) Covered information.-- (A) In general.--The term ``covered information'' means, with respect to an individual, any of the following that is transmitted online: (i) The online activity of the individual, including-- (I) the web sites and content from such web sites accessed; (II) the date and hour of online access; (III) the computer and geolocation from which online information was accessed; and (IV) the means by which online information was accessed, such as a device, browser, or application. (ii) Any unique or substantially unique identifier, such as a customer number or Internet protocol address. (iii) Personal information such as-- (I) the name; (II) a postal address or other location; (III) an email address or other user name; (IV) a telephone or fax number; (V) a government-issued identification number, such as a tax identification number, a passport number, or a driver's license number; or (VI) a financial account number, or credit card or debit card number, or any required security code, access code, or password that is necessary to permit access to an individual's financial account. (B) Exclusion.--Such term shall not include-- (i) the title, business address, business email address, business telephone number, or business fax number associated with an individual's status as an employee of an organization, or an individual's name when collected, stored, used, or disclosed in connection with such employment status; or (ii) any information collected from or about an employee by an employer, prospective employer, or former employer that directly relates to the employee-employer relationship. (4) Sensitive information.-- (A) Definition.--The term ``sensitive information'' means-- (i) any information that is associated with covered information of an individual and relates directly to that individual's-- (I) medical history, physical or mental health, or the provision of health care to the individual; (II) race or ethnicity; (III) religious beliefs and affiliation; (IV) sexual orientation or sexual behavior; (V) income, assets, liabilities, or financial records, and other financial information associated with a financial account, including balances and other financial information, except when financial account information is provided by the individual and is used only to process an authorized credit or debit to the account; or (VI) precise geolocation information and any information about the individual's activities and relationships associated with such geolocation; or (ii) an individual's-- (I) unique biometric data, including a fingerprint or retina scan; or (II) Social Security number. (B) Modified definition by rulemaking.--The Commission may, by regulations promulgated under section 553 of title 5, United States Code, modify the scope or application of the definition of ``sensitive information'' for purposes of this Act. In promulgating such regulations, the Commission shall consider-- (i) the purposes of the collection of the information and the context of the use of the information; (ii) how easily the information can be used to identify a specific individual; (iii) the nature and extent of authorized access to the information; (iv) an individual's reasonable expectations under the circumstances; and (v) adverse effects that may be experienced by an individual if the information is disclosed to an unauthorized person. SEC. 3. REGULATIONS REQUIRING ``DO-NOT-TRACK'' MECHANISM. (a) FTC Rulemaking.--Not later than 18 months after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that establish standards for the required use of an online opt-out mechanism to allow a consumer to effectively and easily prohibit the collection or use of any covered information and to require a covered entity to respect the choice of such consumer to opt-out of such collection or use. Regulations prescribed pursuant to this subsection shall be treated as regulations defining unfair and deceptive acts or practices affecting commerce prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Requirements To Be Included in Regulations.--The regulations prescribed under subsection (a)-- (1) shall include a requirement for a covered entity to disclose, in a manner that is easily accessible to a consumer, information on the collection of information practices of such entity, how such entity uses or discloses such information, and the names of the persons to whom such entity would disclose such information; and (2) shall prohibit the collection or use of covered information by a covered entity for which a consumer has opted- out of such collection or use, unless the consumer changes their opt-out preference to allow the collection or use of such information. (c) Additional Regulatory Authority.--The regulations prescribed under subsection (a)-- (1) may include a requirement that a covered entity provide a consumer with a means to access the covered information of such consumer and the data retention and security policies of the covered entity in a format that is clear and easy to understand; and (2) may include a requirement that some or all of the regulations apply with regard to the collection and use of covered information, regardless of the source. (d) Exemptive Authority.--The Commission may exempt from some or all of the regulations required by this section certain commonly accepted commercial practices, including the following: (1) Providing, operating, or improving a product or service used, requested, or authorized by an individual, including the ongoing provision of customer service and support. (2) Analyzing data related to use of the product or service for purposes of improving the products, services, or operations. (3) Basic business functions such as accounting, inventory and supply chain management, quality assurance, and internal auditing. (4) Protecting or defending rights or property, including intellectual property, against actual or potential security threats, fraud, theft, unauthorized transactions, or other illegal activities. (5) Preventing imminent danger to the personal safety of an individual or group of individuals. (6) Complying with a Federal, State, or local law, rule, or other applicable legal requirement, including disclosures pursuant to a court order, subpoena, summons, or other properly executed compulsory process. (7) Any other category of operational use specified by the Commission by regulation that is consistent with the purposes of this Act. SEC. 4. ADDITIONAL FTC AUTHORITY. In implementing and enforcing the regulations prescribed under section 3, the Commission shall-- (1) have the authority to prescribe such regulations as may be necessary to carry out the purposes of this Act in accordance with section 553 of title 5, United States Code; (2) monitor for risks to consumers in the provision of products and services, including the development of new hardware or software designed to limit, restrict, or circumvent the ability of a consumer to control the collection and use of the covered information of such consumer, as set forth in the regulations prescribed under section 3; (3) perform random audits of covered entities, including Internet browsing for investigative purposes, to ensure compliance with the regulations issued under section 3; (4) assess consumers' understanding of the risks posed by the tracking of a consumer's Internet activity and the collection and use of covered information relating to a consumer; and (5) make available to the public at least 1 report of significant findings of the monitoring required by this section in each calendar year after the date on which final regulations are issued pursuant to section 3(a). SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Civil Action.--In any case in which the Attorney General of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates the regulations prescribed under section 3, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (1) to enjoin further violation of the regulations prescribed under section 3 by the defendant; (2) to compel compliance with the regulations prescribed under section 3; or (3) to obtain civil penalties for violations of the regulations prescribed under section 3 in the amount determined under subsection (b). (b) Civil Penalties.-- (1) Calculation.--For purposes of calculating the civil penalties that may be obtained under subsection (a)(3), the amount determined under this paragraph is the amount calculated by multiplying the number of days that a covered entity is not in compliance with the regulations prescribed under section 3 by an amount not to exceed $11,000. (2) Adjustment for inflation.--Beginning on the date that the Consumer Price Index for All Urban Consumers is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in paragraph (1) 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) Maximum total liability.--Notwithstanding the number of actions which may be brought against a person under this section the maximum civil penalty for which any person may be liable under this section shall not exceed $5,000,000 for any related series of violations of the regulations prescribed under section 3. (c) Intervention by the FTC.-- (1) Notice and intervention.--The State shall provide prior written notice of any action under subsection (a) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions of appeal. (2) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of the regulations prescribed under section 3, no attorney general of a State, or official, or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Commission for any violation of the regulations issued under this Act alleged in the complaint. SEC. 6. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--The regulations prescribed under section 3 shall not annul, alter, affect, or exempt any person subject to the provisions of such regulations from complying with the law of any State except to the extent that such law is inconsistent with any provision of such regulations, and then only to the extent of the inconsistency. For purposes of this subsection, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of the regulations prescribed under section 3 if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under the regulations prescribed under section 3.

Do Not Track Me Online Act - Requires the Federal Trade Commission (FTC) to promulgate regulations to establish standards for the required use of an online opt-out mechanism to allow a consumer to prohibit the collection or use of any covered information and to require a covered entity to respect the choice of such consumer to opt-out of such collection or use. Authorizes the FTC to exempt from such regulations certain commonly accepted commercial practices, including: (1) providing, operating, or improving a product or service used, requested, or authorized by an individual; (2) protecting or defending rights or property against security threats, fraud, theft, unauthorized transactions, or other illegal activities; and (3) preventing imminent danger to the personal safety of individuals. Treats such regulations as regulations defining unfair and deceptive acts or practices affecting commerce prescribed under the Federal Trade Commission Act. Defines "covered entity" as a person engaged in interstate commerce that collects or stores data containing covered information, excluding a government or any person that: (1) stores covered information from or about fewer than 15,000 individuals, (2) collects covered information from or about fewer than 10,000 individuals during any 12-month period, (3) does not collect or store sensitive information, and (4) does not use covered information to monitor or analyze the behavior of individuals as the person's primary business. Defines "covered information" as any of the following that is transmitted online: (1) the online activity of the individual; (2) any unique or substantially unique identifier, such as a customer number or Internet protocol address; and (3) personal information. Excludes from such term: (1) specified information associated with an individual's status as an employee of an organization, or an individual's name when collected, stored, used, or disclosed in connection with such employment status; or (2) any information collected from or about an employee by an employer that directly relates to the employee-employer relationship. Defines "sensitive information" as: (1) any information that is associated with covered information of an individual and relates directly to that individual's medical history, race, religious beliefs and affiliation, sexual orientation or sexual behavior, financial information (except when financial account information is provided by the individual and is used only to process an authorized credit or debit to the account), or geological information; or (2) an individual's unique biometric data or Social Security number.

{"src": "billsum_train", "title": "To direct the Federal Trade Commission to prescribe regulations regarding the collection and use of information obtained by tracking the Internet activity of an individual, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Put Trafficking Victims First Act of 2017''. SEC. 2. REPORT ON SAFE HARBOR LAWS. Not later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the Office for Victims of Crime, shall issue a report to be posted on a publicly available website that includes-- (1) the impact of State safe harbor laws and associated services on the re-victimization of victims of trafficking (as such term is defined in section 103(15) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102(15))), the recovery of victims, victim outcomes, and prosecutions of traffickers; and (2) best practices and recommendations on the development and implementation of effective State safe harbor laws that promote full recovery of victims of trafficking and do not interfere with prosecutions of traffickers. SEC. 3. TRAINING FOR PROSECUTIONS OF TRAFFICKERS AND SUPPORT FOR STATE SERVICES FOR VICTIMS OF TRAFFICKING. (a) In General.--Section 107(b)(2)(B)(ii) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is amended to read as follows: ``(ii) 5 percent for training and technical assistance, to be provided in coordination with the Secretary of Health and Human Services, including with respect to-- ``(I) increasing capacity and expertise on security for and protection of service providers from intimidation or retaliation for their activities; ``(II) ``investigating, prosecuting, and preventing human trafficking through a trauma-informed and victim-centered approach that provides services and protections for victims of trafficking; ``(III) facilitating the provision of evidence-based, trauma-informed care and mental health services to victims of trafficking; ``(IV) ensuring that all victims of trafficking, including United States citizens, lawful permanent residents, and foreign nationals, are eligible for services; ``(V) ensuring that law enforcement officers and prosecutors make every attempt to determine whether an individual's participation in human trafficking is free from force, fraud, or coercion of any means before arresting them for, or charging them with, an offense; ``(VI) effectively prosecuting traffickers and individuals who patronize or solicit children for sex, and facilitating access for child victims of trafficking to the same type of court procedures and legal protections accessible to child victims of sexual assault, rape, child sexual abuse, or incest, and clarifying the right of child victims of trafficking to not be treated as criminals as a result of their victimization; and ``(VII) encouraging States to identify the locations of victims of trafficking and serve those victims, including through efforts that utilize internet outreach, through methods informed by survivors of human trafficking, and by offering help and services that are responsive to victims' needs in their communities.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2017. SEC. 4. WORKING TO DEVELOP METHODOLOGIES TO ASSESS PREVALENCE OF HUMAN TRAFFICKING. (a) Working Group.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Justice, in consultation with the Director of the Human Smuggling and Trafficking Center, shall establish an expert working group, which shall include survivors of human trafficking, experts on sex and labor trafficking, representatives from organizations collecting data on human trafficking, and law enforcement officers. The working group shall, utilizing, to the extent practicable, existing efforts of agencies, task forces, States, cities, research institutions, and organizations-- (A) identify the methodological and practical barriers hampering data collection on sex and labor trafficking; (B) identify the information that should be collected, and how that information should be collected; and (C) recommend practices that could be standardized as replicable best practices to promote better data comparison, aggregation, and analysis. (2) Pilot testing.--Not later than 3 years after the date of the enactment of this Act, the Director of the National Institute of Justice shall implement a series of pilot studies to test promising methodologies studied under paragraph (1). (b) Report.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Director of the National Institute of Justice, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Director of the Human Smuggling and Trafficking Center, shall submit to Congress a report, which includes-- (A) the efforts made in developing robust, comprehensive methodologies to estimate the prevalence of human trafficking at the national and regional levels; (B) best practices for determining the trends of human trafficking in the United States; (C) evaluations of the effectiveness of current policies and procedures to address the needs of victims of trafficking, including appropriate housing and services from trained trauma-informed care service providers; and (D) an analysis of the varying characteristics of victims of trafficking in different regions, including age, gender, race or ethnicity, involvement in the child welfare system, involvement in the juvenile or criminal justice system, the number of foster care placements, the number of congregate care placements, and whether an individual is a victim of sex trafficking or labor trafficking, and recommendations for how to address the unique vulnerabilities of different victims. (2) Availability of report.--The report required under paragraph (1) shall be made publicly available on the website of the Department of Justice. (3) Input from relevant parties.--In developing the report under paragraph (1), the Director shall seek input from the United States Advisory Council on Human Trafficking, victims of trafficking, human trafficking survivor advocates, service providers for victims of sex and labor trafficking, and the President's Interagency Task Force on Human Trafficking. (c) Survey.--Not later than 2 years after the date of the enactment of this Act, the Director of the National Institute of Justice, in coordination with Federal, State, local, and tribal governments, and private organizations, including victim service providers and expert researchers, shall develop and execute a survey of survivors seeking and receiving services through a model agreed upon by service providers for victims of trafficking, government entities, and research experts to better understand where and how victims of trafficking are accessing services, how they are referred to services, including referrals by first responders, how assessment tools work to identify victims of trafficking, and to help estimate the prevalence of human trafficking and victim identification in the United States. Survey results shall be made publicly available on the website of the Department of Justice. (d) No Additional Funds.--No additional funds are authorized to carry out this section. SEC. 5. REPORT ON PROSECUTORS SEEKING MANDATORY RESTITUTION IN TRAFFICKING CASES. Not later than 1 year after the date of the enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to Congress a report on efforts to increase mandatory restitution orders and use of asset forfeiture to provide restitution to victims of trafficking that shall be posted on a publicly available website, which shall include the following: (1) Information on the Department of Justice's training programs on mandatory restitution and the use of asset forfeiture to provide restitution to victims of trafficking, and recommendations of necessary additional training to ensure mandatory restitution is ordered in all relevant human trafficking cases. (2) An assessment of obstacles that continue to prevent Federal prosecutors and Federal courts from ordering restitution. (3) An assessment of whether the asset forfeiture provisions in the Justice for Victims of Trafficking Act of 2015 and the amendments made by that Act have helped increase requests to transfer forfeited proceeds for restitution, including how many requests have been made and how many of those requests have been approved, and whether United States Attorneys offices are properly informed about requesting transfers. (4) An assessment of how establishing trauma-informed, victim-centered investigative and prosecutorial procedures can help improve mandatory restitution orders, including by encouraging victims of trafficking to cooperate in criminal cases, equipping victims of trafficking with proper assistance during criminal proceedings, and helping victims of trafficking secure mandatory restitution. (5) The annual number and percentage of Federal cases related to human trafficking, separating sex trafficking and labor trafficking, during the period beginning on June 1, 2015, and ending on the date of the enactment of this Act, in which restitution was ordered, and the amount of restitution ordered in each case. (6) Data on the participation and non-participation of victims of trafficking in criminal proceedings, data on the participation and nonparticipation of victims of trafficking in witness protection programs and services, and recommendations for encouraging the participation of victims of trafficking in such proceedings. SEC. 6. SENSE OF CONGRESS ENCOURAGING STATES TO ADOPT PROTECTIONS FOR VICTIMS OF TRAFFICKING. Congress recognizes and applauds the State legislative bodies that have taken tremendous steps to adopt protections and services for victims of trafficking. Congress encourages States to do the following: (1) Uphold the basic rights and dignity of human trafficking survivors. (2) Adopt a survivor-centered approach to addressing human trafficking that ensures the safety, confidentiality, and well- being of victims of trafficking, while recognizing symptoms of trauma and coping mechanisms that may impact victims' interactions with law enforcement, the justice system, and service providers. (3) Implement screening mechanisms for all children entering child welfare services, the juvenile justice system, or the criminal justice system to identify child victims of trafficking and connect them with appropriate services, including appropriate housing and services from trained trauma- informed care service providers, and to try to identify foreign nationals who may be victims of trafficking. (4) Ensure that child victims of trafficking are provided with a range of protections, including access to child welfare services, trauma-informed programming, and the same legal rights afforded to other children who experience sexual abuse, rape, or incest, including ensuring that-- (A) criminals who exploit child victims of sex trafficking, including offenders who purchase, solicit, or obtain a child for purposes of engaging in a commercial sex act, face serious penalties and sentences under sex trafficking laws, and are not given lesser sentences; and (B) child victims of trafficking are never referred to as ``child prostitutes'' or ``underage sex workers'' in law or official documents and proceedings. (5) Develop a 24-hour emergency response plan to provide victims trafficking with immediate protection and support when they are first identified, which may include physically moving victims of trafficking to a place of safety, attending to the immediate medical and emotional needs of survivors, assessing whether survivors are under risk for harm, retaliation, or intimidation, and directly connecting survivors with victim advocates, housing, and service providers. (6) Adopt protections for victims of trafficking that include the right-- (A) to be treated as a victim of crime and afforded justice, respect, and dignity; (B) to protection if the victim's safety is at risk or if there is danger of harm, retaliation, or recapture by the trafficker; (C) to comprehensive trauma-informed, long-term, culturally competent care and healing services oriented toward emotional, psychological, and family healing; (D) to evidence-based screening and assessment tools, treatment plans, and therapy to address traumatic stress and associated mental health symptoms; (E) to safe and effective emergency and long-term housing; education, vocational, and job assistance and training; mentoring programs; language assistance; drug and substance abuse services; and legal services; (F) for child sex trafficking victims to be treated as children in need of child protective services and to be served through the child welfare system, where appropriate, in place of the juvenile justice system; (G) for all victims of trafficking, including United States citizens, lawful permanent residents, and foreign nationals, to be eligible for services; (H) to have convictions and adjudications related to prostitution and nonviolent offenses vacated and such records cleared and expunged if offenses were committed as a direct result of the victim being trafficked, and protection for foreign nationals from being removed, being determined to be inadmissible, or losing any immigration benefit because of such conviction or arrests; (I) to the same type of court procedures and legal protections accessible to victims of sexual assault, rape, child sexual abuse, or incest, including the right to not be treated as a criminal; and (J) to retain all rights regardless of whether the crime has been reported to law enforcement. Passed the House of Representatives May 23, 2017. Attest: KAREN L. HAAS, Clerk.

Put Trafficking Victims First Act of 2017 (Sec. 2) This bill directs the Office for Victims of Crime within the Department of Justice (DOJ) to publish a report on state safe harbor laws, including: (1) the impact of state safe harbor laws on victims of trafficking, and (2) best practices and recommendations on the development and implementation of effective state safe harbor laws. (Sec. 3) The bill amends the Victims of Trafficking and Violence Protection Act of 2000 to modify requirements with respect to the allocation of trafficking victim services grant funds for training and technical assistance. Specifically, it requires training and technical assistance to be provided in coordination with the Department of Health and Human Services. Additionally, it broadens the areas of training and technical assistance to include, among others, investigating, prosecuting, and preventing human trafficking through a trauma-informed and victim-centered approach. (Sec. 4) The National Institute of Justice must: establish a working group to identify and recommend best practices for collecting data on human trafficking; report on efforts to develop methodologies to determine the prevalence of human trafficking in the United States; and coordinate with federal, state, local, and tribal governments, and private organizations, to survey survivors to estimate the prevalence of human trafficking in the United States. (Sec. 5) DOJ must report on efforts to increase mandatory restitution orders and asset forfeiture to provide restitution to victims of trafficking. (Sec. 6) The bill encourages states to implement certain protections for victims of trafficking.

{"src": "billsum_train", "title": "Enforcing Justice for Victims of Trafficking Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Shipping Reinvestment Act of 2008''. SEC. 2. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL RULES. (a) In General.--Section 955 of the Internal Revenue Code of 1986 (relating to withdrawal of previously excluded subpart F income from qualified investment) is hereby repealed. (b) Conforming Amendments.-- (1) Section 951(a)(1)(A) of such Code is amended by adding ``and'' at the end of clause (i) and by striking clause (iii). (2) Section 951(a)(3) of such Code (relating to the limitation on pro rata share of previously excluded subpart F income withdrawn from investment) is hereby repealed. (3) Section 964(b) of such Code is amended by striking ``, 955,''. (4) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking the item relating to section 955. (c) Effective Date.--The amendments made by this section shall apply to taxable years of controlled foreign corporations ending on or after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end. SEC. 3. TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR PREVIOUSLY UNTAXED FOREIGN BASE COMPANY SHIPPING INCOME. (a) In General.--Section 965 of the Internal Revenue Code of 1986 (relating to temporary dividends received deduction) is amended by adding at the end the following new subsection: ``(g) Temporary Dividends Received Deduction for Foreign Base Company Shipping Income.-- ``(1) In general.--In the case of a corporation which is a United States shareholder and for which the election under this subsection is in effect for the taxable year, there shall be allowed as a deduction an amount equal to 85 percent of the cash distributions which are received during such taxable year by such shareholder from controlled foreign corporations to the extent that the distributions are attributable to income-- ``(A) which was derived by the controlled foreign corporation in taxable years beginning before January 1, 2005, and ``(B) which would, without regard to the year earned, be described in section 954(f) (as in effect before the enactment of the American Jobs Creation Act of 2004). ``(2) Indirect dividends.--A rule similar to the rule of subsection (a)(2) shall apply, determined by treating cash distributions which are so attributable as cash dividends. ``(3) Limitation.--The amount of dividends taken into account under this subsection shall not exceed the amount permitted to be taken into account under paragraphs (1), (3), and (4) of subsection (b), determined as if such paragraphs applied to this subsection. ``(4) Taxpayer election and designation.--For purposes of paragraph (1), a United States shareholder may, on its return for the taxable year to which this subsection applies-- ``(A) elect to apply paragraph (3) of section 959(c) before paragraphs (1) and (2) thereof, and ``(B) designate the extent, if any, to which a cash distribution reduces a controlled foreign corporation's earnings and profits attributable to-- ``(i) foreign base company shipping income (determined under section 954(f) as in effect before the enactment of the American Jobs Creation Act of 2004), or ``(ii) other earnings and profits. ``(5) Election.--The taxpayer may elect to apply this subsection to-- ``(A) the taxpayer's last taxable year which begins before the date of the enactment of this subsection, or ``(B) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year. ``(6) Reduction in benefits for failure to maintain employment levels.-- ``(A) In general.--If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in paragraph (1) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer's prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayers average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to paragraph (1)) shall be taken into income by the taxpayer during the taxable year that includes the final day of such period. ``(B) Prior average employment.--For purposes of this paragraph, the taxpayer's `prior average employment' shall be the average number of employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in paragraph (1). ``(C) Aggregation rules.--In determining the taxpayer's average employment level and prior average employment, all domestic members of a controlled group (as defined in section 264(e)(5)(B)) shall be treated as a single taxpayer.''. (b) Conforming Amendment.--Subsection (f) of section 965 of such Code is amended by inserting ``other than subsection (g)'' after ``this section'' in the material preceding paragraph (1). (c) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after the date of the enactment of this Act.

American Shipping Reinvestment Act of 2008 - Amends the Internal Revenue Code to: (1) repeal shipping investment withdrawal tax rules; and (2) allow U.S. corporate shareholders a tax deduction for dividends attributable to foreign base company shipping income received from a controlled foreign corporation.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Ethics Enforcement Commission Act of 2006''. SEC. 2. OFFICE OF PUBLIC INTEGRITY. (a) In General.--There is established in the legislative branch an independent office to be known as the ``Office of Public Integrity'' (referred to in this Act as the ``Office'') the authority of which shall be vested in the Commission established in section 3. (b) Authority.--The Commission shall have the following authority: (1) Investigating lobbying disclosures filed with the Senate and the House of Representatives. (2) Investigating Senate members and staff who violate restrictions on interactions with lobbyists, as provided in section 4. (3) Conducting research concerning governmental ethics and implement any public educational programs it considers necessary to give effect to this Act. (4) Reporting, not later than December 1 of each year, to the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct on the Commission's activities in the preceding fiscal year which report shall include a summary of Commission determinations and advisory opinions. The report may contain recommendations on matters within the Commission's jurisdiction. SEC. 3. CONGRESSIONAL ETHICS ENFORCEMENT COMMISSION. (a) Membership.--The Congressional Ethics Enforcement Commission shall consist of 9 members-- (1) 2 of whom shall be appointed by the Majority Leader of the Senate; (2) 2 of whom shall be appointed by the Minority Leader of the Senate; (3) 2 of whom shall be appointed by Speaker of the House; (4) 2 of whom shall be appointed by the Minority Leader of the House; and (5) the last member shall be chosen by agreement of at least 3 of the Speaker, the Senate Majority Leader, the House Minority Leader, and the Senate Minority Leader All members of the Commission shall be United States citizens. Of the 2 members each appointed by the Senate Majority Leader and Minority Leader, the Speaker of the House, and the Minority Leader for the House, 1 shall be a former judge, and 1 shall be a former member of Congress. (b) Pay and Staff.--Commissioners shall receive a $100 per diem for each day of service for the Commission. Each Commissioner shall have 1 enforcement counsel as staff, housed in an Office of Public Integrity created by this Act. (c) Terms of Service.--The members of the Commission shall be appointed not later than 60 days after the investment of this Act to serve a 2-year term. Thereafter, each member shall serve 4-year terms. (d) Vacancies.--Vacancies in membership of the Commission shall be filled by appointment by the original appointing authority in the same manner as the original appointments. (e) Limits on Employment.--While serving on the Commission, a member shall not-- (1) serve as a fundraiser for a Senate or House candidate; (2) contribute to a candidate for Federal office; (3) serve as an officer in a political party; (4) participate in the management or conduct of the political campaign of a candidate; or (5) serve as a registered lobbyist. (f) Dismissal.--A member of the Commission may be removed only by unanimous agreement between the Speaker of the House, the Minority Leader of the House, the Majority Leader of the Senate, and the Minority Leader of the Senate, and only for cause. (g) Chair and Vice Chair.--The chair and the vice chair of the Commission shall be elected by a majority vote of the members of the Commission. The chair and the vice chair shall serve terms of 1 year and may be reelected. The chair shall preside at meetings of the Commission. The vice chair shall preside in the absence or disability of the chair. (h) Meetings.--The Commission shall meet not later than 90 days after the date of enactment of this Act. The time and place of the meeting shall be determined by the chair. Thereafter, the Commission shall meet twice a year or at such times deemed necessary at the call of the chair or a majority of its members. (i) Quorum.--A quorum of the Commission shall consist of 5 or more members. (j) Vote Required.--An affirmative vote of 5 or more members shall be necessary for Commission action. SEC. 4. INVESTIGATIONS AND REPORTS. (a) Complaints.-- (1) Sworn complaint.-- (A) Citizen initiated.--The Commission may only initiate an investigation as a result of a sworn complaint filed by a citizen of the United States. (B) Ban on filing prior to election.--The Commission may not accept charges filed in the-- (i) 30 days prior to a primary election for which the Member in question is a candidate; and (ii) 60 days prior to a general election for which the Member in question is a candidate. (2) Content.--The complaint shall be a notarized written statement alleging a violation against 1 or more named persons and stating the essential facts constituting the violation charged. The Commission shall have no jurisdiction in absence of a complaint. A member of the Commission may file a complaint. (3) Service.--Not later than 10 days after the filing of a complaint, the Commission shall cause a copy of the complaint to be served upon the person alleged to have committed the violation. (4) Answer.--Not later than 20 days after service of the complaint, the person alleged to have committed the violation may file an answer with the Commission. The filing of an answer is wholly permissive, and no inferences shall be drawn from the failure to file an answer. (b) Inquiry.-- (1) In general.--Not later than 10 days after the Commission receives the answer under subsection (a)(4), or the time expires for the filing of an answer, the Commission shall initiate a preliminary inquiry into any alleged violation of this code. If a majority of the Commission staff determines that the complaint fails to state a claim of an ethics violation or is clearly spurious, the complaint shall be dismissed. (2) Status.--Not later than 30 days after the commencement of the inquiry, the Commission staff shall give notice of the status of the complaint and a general statement of the applicable law to the person alleged to have committed a violation. (c) Rights of Alleged Violator.--The Commission shall afford a person who is the subject of a preliminary inquiry an opportunity to appear in response to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations in the complaint. (d) Commission Proceeding.--All Commission proceedings, including the complaint and answer and other records relating to a preliminary inquiry, shall be confidential until a final determination is made by the Commission, except-- (1) the Commission may, at any time, turn over to the Attorney General of the United States evidence which may be used in criminal proceedings; and (2) if the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Commission may publicly confirm the existence of the inquiry and, in its discretion, make public any documents which were issued to either party. (e) Disposition.--If the Commission-- (1) determines by the answer or in the preliminary inquiry that the complaint does not allege facts sufficient to constitute a violation of the rules of the Senate or the House of Representatives or the Lobbying Disclosure Act of 1995, the Commission-- (A) shall immediately terminate the matter and notify in writing the complainant and the person alleged to have committed a violation; (B) may confidentially inform the alleged violator of potential violations and provide information to ensure future compliance with the law; and (C) if the alleged violator publicly discloses the existence of such action by the Commission, may confirm the existence of the action and, in its discretion, make public any documents that were issued to the alleged violator; and (2) during the course of the preliminary inquiry, finds probable cause to believe that an ethics violation has occurred, the Commission-- (A) shall notify the alleged violator of the finding; and (B) may, upon majority vote, either-- (i) due to mitigating circumstances such as lack of significant economic advantage or gain by the alleged violator, lack of significant economic loss to the state, or lack of significant impact on public confidence in government-- (I) confidentially reprimand, in writing, the alleged violator for potential violations of the law and provide a copy of the reprimand to the presiding officer of the House in which the alleged violator serves, or the alleged violator's employer, if the alleged violator is a legislative agent; or (II) if the alleged violator publicly discloses the existence of such an action, confirm the existence of the action and, in its discretion, make public any documents which were issued to the alleged violator; or (ii) initiate an adjudicatory proceeding to determine whether to present a case to the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives as to whether there has been a violation. (f) Conducting Investigation.--As a part of an investigation, the Commission may-- (1) administer oaths; (2) issue subpoenas; (3) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; (4) take the deposition of witnesses; and (5) conduct general audits of filings under the Lobbying Disclosure Act of 1995. (g) Contempt.--If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter regarding which he may be held in contempt of Congress. (h) Fees for Witnesses.--Each witness subpoenaed under this section shall receive for his attendance the fees and mileage provided for witnesses in the District of Columbia Circuit Court, which shall be audited and paid upon the presentation of proper vouchers sworn to by the witness. (i) Ethics Committees.-- (1) Preliminary investigation.--The investigation of the Commission under this section shall be in lieu of the preliminary ethics investigation required for the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives. Those committees shall not conduct preliminary investigations upon the establishment of the Commission. (2) Referral.--Upon a majority vote of the Commission at the conclusion of the adjudicatory proceeding, the Commission may present a case with evidence to the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives, as appropriate. The Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives shall retain the authority to impose sanctions. (j) Civil Offense.--Upon a majority vote of the Commission, the Office of Public Integrity could refer potential legal violations to the Justice Department for Civil Enforcement. (k) Public Report.--Unless otherwise provided in this Act, the Commission shall make each report and statement filed under this Act available for public inspection and copying during regular office hours at the expense of any person requesting copies of them and at a charge not to exceed actual cost, not including the cost of staff required. SEC. 5. PROTECTION FROM FRIVOLOUS CHARGES. (a) In General.--Any person who-- (1) knowingly files with the Commission a false complaint of misconduct on the part of any legislator or other person shall be subject to a $10,000 fine or the cost of the preliminary review, whichever is greater, and up to 1 year in prison; and (2) encourages another person to file a false complaint of misconduct on the part of any legislator or other person shall be shall subject to a $10,000 fine or the cost of the preliminary review, whichever is greater, and up to 1 year in jail. (b) Subsequent Complaints.--Any person subject to either of the penalties in subsection (a) may not file a complaint with the Commission again.

Congressional Ethics Enforcement Commission Act of 2006 - Establishes in the legislative branch the Office of Public Integrity and the Congressional Ethics Enforcement Commission, and vests in the latter the authority of the former. Grants the Commission authority to: (1) investigate lobbying disclosures filed with the Senate and the House of Representatives; (2) investigate Senate members and staff who violate restrictions on interactions with lobbyists; (3) conduct research concerning governmental ethics and implement any public educational programs it considers necessary to give effect to this Act; and (4) report annually to the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct (ethics committees). Declares that investigation by the Commission shall be in lieu of the preliminary ethics investigation required for such ethics committees. Prohibits such committees from conducting preliminary investigations upon the Commission's establishment. Authorizes the Commission, upon a majority vote, to refer a case with evidence to the appropriate ethics committee. Authorizes the Office of Public Integrity, upon a majority vote of the Commission, to refer potential legal violations to the Department of Justice for civil enforcement. Subjects to fines, costs of the preliminary review, and penalties individuals who: (1) file false complaints with the Commission about alleged misconduct on the part of any legislator or other person; or (2) encourage another individual to do so.

{"src": "billsum_train", "title": "A bill to establish an Office of Public Integrity in the Congress and a Congressional Ethics Enforcement Commission."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Americans from across the country served in defense of democracy and freedom during World War Two (WWII) by volunteering for service with the Canadian and British militaries and other associated organizations that were fighting Nazi and Fascist aggression. Many United States citizens perceived the importance of this war and the severe impact Nazism and Fascism could have on the American way of life. Therefore, prior to the United States entry into the conflict and indeed throughout WWII these patriots independently crossed the border into Canada and entered Canadian and British armed forces recruiting offices or sought out representatives based in major United States municipalities and elsewhere. (2) When the ``United Kingdom of Great Britain and Northern Ireland'' and the ``British Commonwealth of Nations'' were drawn into WWII after Germany invaded Poland in 1939, the Canadian and British air forces made a concerted effort to recruit Americans. (3) It is documented that thousands of Americans joined the Canadian and British armed forces, a large percentage joining the Royal Canadian Air Force (RCAF) alone. In a 1942 film Air Marshal William Avery ``Billy'' Bishop, an organizer and promoter of the British Commonwealth Air Training Plan (BCATP) and Director of the Royal Canadian Air Force, recognized the ``gallant lads from the United States who have come up here to help and serve with us''. Notably, many Americans were also recruited and processed through Canada before being assigned to or detached for the purpose of Royal Air Force (RAF) service. (4) General of the Army, Army of the United States, Dwight D. Eisenhower, the former Supreme Allied Commander of the Allied Expeditionary Force, referenced, in a speech on January 10, 1946, the ``some twelve thousand American citizens'' who crossed into Canada with the goal of entering the Canadian armed forces. Although the precise numbers of Americans who were in Canadian and British service are unknown, media accounts published by Allied journalists during the conflict nonetheless detail their legacies of volunteerism, personal sacrifice, and bravery. (5) Americans also joined the Canadian Aviation Bureau, and the Home Guard, Air Transport Auxiliary (ATA), and Royal Air Force Ferry Command/Transport Command in Britain. The existence of these ancillaries enabled patriotic citizens, who were, at least initially, unable to join a branch of the United States military due to gender, age, race, health, the lack of sufficient college education, or other reasons, to support the war effort. Those who contributed via these alternative concerns were no less essential to attaining victory. (6) The infusion of Americans into Canada helped to reduce shortages of civilian and military pilots in the BCATP, and President Franklin Roosevelt paid tribute to both Canada and the program in a wartime letter to Canadian Prime Minister William Lyon Mackenzie King. Within the correspondence President Roosevelt used the phrase ``the Aerodrome of Democracy''. (7) As members of the Canadian and British militaries, the American volunteers served in many capacities. Extant military rolls and individual service records document, and thereby testify to, their contributions. (8) A sizable number of Americans lost their lives or were wounded while serving in the RCAF and RAF. The Canadian Army, British Army, Royal Canadian Navy, and Royal Navy also incurred American personnel casualties. Those who perished and the survivors demonstrated the exceptional courage that has been repeatedly displayed in the defense of freedom throughout American history. (9) A unique and highly publicized group of Americans, who were members of the RCAF and RAF, were posted to the famous RAF Eagle Squadrons and thereby showcased the important roles American volunteers were undertaking. British Prime Minister Winston Churchill, whose mother was American, played an important role in originally promoting the concept of the Eagle Squadrons to the Air Ministry. (10) The early successes of female ferry aircrews paved the way for the formation in the United States of the Women Airforce Service Pilots (WASP) in 1943. The exceptional legacy of the Women Airforce Service Pilots, ATA, etc., provided essential support and paved the way for future generations of military women. (11) A substantial portion of the Americans serving in Canadian and British aerial forces transferred to the United States Army Air Forces between 1942 and 1944, while others elected to enter other branches of the United States Military. (12) The practical experience these veterans of Canadian and British service possessed provided the inexperienced American Forces with an immediate degree of competence and effectiveness. More than a few became accomplished combat pilots, the American Fighter Aces Association possessing many of them within the organization's core membership. (13) The bravery and foresight displayed by the Americans who enlisted in the Canadian and British armed forces represent a largely unrecognized story of valor, and their initiatives are worthy of official recognition. (14) The United States Nationals who volunteered for service with military-associated Canadian and British ancillary entities are to be equally recognized for their volunteerism, contributions, and sacrifices. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to all United States nationals who voluntarily joined the Canadian and British armed forces and their supporting entities during World War Two, in recognition of their dedicated service. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal 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 congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere. (d) Duplicate Medals.--Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. STATUS OF MEDALS. (a) National Medals.--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, United States Code, all medals struck under this Act shall be considered to be numismatic items.

American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2017 This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a Congressional Gold Medal to all U.S. nationals who voluntarily joined the Canadian and British armed forces and their supporting entities during World War II, in recognition of their dedicated service.

{"src": "billsum_train", "title": "American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine River Project Conveyance Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Jurisdictional Map'' means the map entitled ``Transfer of Jurisdiction--Vallecito Reservoir, United States Department of Agriculture, Forest Service and United States Department of the Interior, Bureau of Reclamation and the Bureau of Indian Affairs'' dated March, 1998. (2) The term ``Pine River Project'' or the ``Project'' means Vallecito Dam and Reservoir owned by the United States and authorized in 1937 under the provisions of the Department of the Interior Appropriation Act of June 25, 1910, 36 Stat. 835; facilities appurtenant to the Dam and Reservoir, including equipment, buildings, and other improvements; lands adjacent to the Dam and Reservoir; easements and rights-of-way necessary for access and all required connections with the Dam and Reservoir, including those for necessary roads; and associated personal property, including contract rights and any and all ownership or property interest in water or water rights. (3) The term ``Repayment Contract'' means Repayment Contract #I1r-1204, between Reclamation and the Pine River Irrigation District, dated April 15, 1940, and amended November 30, 1953, covering the Pine River Project and certain lands acquired in support of the Vallecito Dam and Reservoir pursuant to which the Pine River Irrigation District has assumed operation and maintenance responsibilities for the dam, reservoir, and water-based recreation in accordance with existing law. (4) The term ``Reclamation'' means the Department of the Interior, Bureau of Reclamation. (5) The term ``Secretary'' means the Secretary of the Interior. (6) The term ``Southern Ute Indian Tribe'' or ``Tribe'' means a federally recognized Indian tribe, located on the Southern Ute Indian Reservation, La Plata County, Colorado. (7) The term ``Pine River Irrigation District'' or ``District'' means a political division of the State of Colorado duly organized, existing, and acting pursuant to the laws thereof with its principal place of business in the City of Bayfield, La Plata County, Colorado and having an undivided \5/6\ right and interest in the use of the water made available by Vallecito Reservoir for the purpose of supplying the lands of the District, pursuant to the Repayment Contract, and the decree in Case No. 1848-B, District Court, Water Division 7, State of Colorado, as well as an undivided \5/6\ right and interest in the Pine River Project. SEC. 3. TRANSFER OF THE PINE RIVER PROJECT. (a) Conveyance.--The Secretary is authorized to convey, without consideration or compensation, except as provided in this section, to the District, by quitclaim deed or patent, pursuant to section 6, the United States' undivided \5/6\ right and interest in the Pine River Project under the jurisdiction of Reclamation for the benefit of the Pine River Irrigation District. The quitclaim deed or patent shall expressly provide that the undivided \5/6\ right and interest transferred cannot be subject to partition from the undivided \1/6\ right and interest retained under the jurisdiction of the Bureau of Indian Affairs. (b) Price.--The sale price for the undivided \5/6\ right and interest to the Project to be transferred to the Pine River Irrigation District shall be Four Hundred Ninety-two Thousand and 00/100 Dollars ($492,000) (the ``Sale Price''). Concurrently with the conveyance, the Sale Price shall be deposited as miscellaneous receipts into the Reclamation Fund of the United States. Payment of the Sale Price shall extinguish all obligations between the District and the Bureau of Indian Affairs on the one hand and Reclamation on the other hand, under the Repayment Contract or with respect to the Pine River Project. Upon completion of the title transfer, said Repayment Contract shall become null and void. (c) Transaction Costs.--Pursuant to the April 1, 1998, Memorandum of Understanding between Reclamation and the District, the District is responsible for paying all costs associated with the title transfer. The Secretary shall credit 50 percent of all costs incurred to fulfill the requirements of the National Environmental Policy Act and other Federal laws toward the Sale Price due under section 3(b) herein, such credit not to exceed the Sale Price. (d) Bureau of Indian Affairs Interest.--At the option of the Tribe, the Secretary is authorized to convey to the Tribe the Bureau of Indian Affairs' undivided \1/6\ right and interest in the Pine River Project and the water supply made available by Vallecito Reservoir pursuant to the Memorandum of Understanding between the Bureau of Reclamation and the Office of Indian Affairs dated January 3, 1940, together with its Amendment dated July 9, 1964 (``MOU''), the Repayment Contract and decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water Division 7, State of Colorado. In the event of such conveyance, no additional consideration or compensation shall be required to be paid to the United States. (e) Federal Dam Use Charge.--Conveyance of Reclamation's \5/6\ interest in the facilities under this Act shall result in a \5/6\ reduction in the Federal dam use charge assessed under section 10(e) of the Federal Power Act for use of the hydropower potential of the facilities. SEC. 4. JURISDICTIONAL TRANSFER OF LANDS. (a) Inundated Lands.--To provide for the consolidation of lands associated with the Pine River Project to be retained by the Forest Service and the consolidation of lands to be transferred to the District, the administrative jurisdiction of lands inundated by and along the shoreline of Vallecito Reservoir, as shown on the Jurisdictional Map, shall be transferred, as set forth below (the ``Jurisdictional Transfer''), concurrently with the conveyance described in section 3(a). Except as otherwise shown on the Jurisdictional Map-- (1) for withdrawn lands (approximately 260 acres) lying below the 7,765-foot reservoir water surface elevation level, the Forest Service shall transfer an undivided \5/6\ interest to Reclamation and an undivided \1/6\ interest to the Bureau of Indian Affairs in trust for the Tribe; and (2) for Project acquired lands (approximately 230 acres) above the 7,765-foot reservoir water surface elevation level, Reclamation and the Bureau of Indian Affairs shall transfer their interests to the Forest Service. (b) Map.--The Jurisdictional Map and legal descriptions of the lands transferred pursuant to subsection (a) above shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, the Commissioner of Reclamation, Department of the Interior, appropriate field offices of those agencies, and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Administration.--Following the Jurisdictional Transfer: (1) All lands that, by reason of the Jurisdictional Transfer, become National Forest System lands within the boundaries of the San Juan National Forest, shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. (2) Reclamation withdrawals of land from the San Juan National Forest established by Secretarial Orders on November 9, 1936, October 14, 1937, and June 20, 1945, together designated as Serial No. C-28259, shall be revoked. (3) The Forest Service shall issue perpetual easements to the District and the Bureau of Indian Affairs, at no cost to the District or the Bureau of Indian Affairs, providing adequate access across all lands subject to Forest Service jurisdiction to insure the District and the Bureau of Indian Affairs the ability to continue to operate and maintain the Pine River Project. (4) The undivided \5/6\ interest in National Forest System lands that, by reason of the Jurisdictional Transfer is to be administered by Reclamation, shall be conveyed to the District pursuant to section 3(a). (5) The District and the Bureau of Indian Affairs shall issue perpetual easements to the Forest Service, at no cost to the Forest Service, from National Forest System lands to Vallecito Reservoir to assure continued public access to Vallecito Reservoir when the Reservoir level drops below the 7,765-foot water surface elevation. (6) The District and the Bureau of Indian Affairs shall issue a perpetual easement to the Forest Service, at no cost to the Forest Service, for the reconstruction, maintenance, and operation of a road from La Plata County Road No. 501 to National Forest System lands east of the Reservoir. (d) Valid Existing Rights.--Nothing in this section shall affect any valid existing rights or interests in any existing land use authorization, except that any such land use authorization shall be administered by the agency having jurisdiction over the land after the Jurisdictional Transfer in accordance with subsection (c) and other applicable law. Renewal or reissuance of any such authorization shall be in accordance with applicable law and the regulations of the agency having jurisdiction, except that the change of administrative jurisdiction shall not in itself constitute a ground to deny the renewal or reissuance of any such authorization. SEC. 5. LIABILITY. Effective on the date of the conveyance of an undivided \5/6\ right and interest in the Pine River Project to the District, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to such undivided \5/6\ right and interest, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.) SEC. 6. COMPLETION OF CONVEYANCE. (a) In General.--The Secretary's completion of the conveyances under section 3 shall occur promptly after the following events: (1) Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal and State laws. (2) A written statement from the Southern Ute Indian Tribe indicating the Tribe's satisfaction that the Tribe's Indian Trust Assets are protected in the conveyance described in section 3. (3) The issuance by the Federal Energy Regulatory Commission of an amendment to license #3174-001 which revises annual charges and otherwise reflects the conveyance described in section 3. (4) The submission of a statement by the Secretary to the District, the Bureau of Indian Affairs, and the State of Colorado on the existing condition of Vallecito Dam based on Bureau of Reclamation's current knowledge and understanding. (5) The development of an agreement between the Bureau of Indian Affairs and the District to prescribe the District's obligation to so operate the Project that the \1/6\ rights and interests to the Project and water supply made available by Vallecito Reservoir held by the Bureau of Indian Affairs are protected. (6) The submission of a plan by the District to manage the Project in a manner substantially similar to the manner in which it was managed prior to the transfer and in accordance with applicable Federal and State laws, including management for the preservation of public access and recreational values and for the prevention of growth on certain lands to be conveyed hereunder, as set forth in an Agreement dated March 20, 1998, between the District and residents of Vallecito Reservoir. Any future change in the use of the water supplied by Vallecito Reservoir shall comply with applicable law. (7) The development of a flood control plan by the Secretary of the Army acting through the Corps of Engineers which shall direct the District in the operation of Vallecito Dam for such purposes. (b) Report.--If the transfer authorized in section 3 is not substantially completed, the Secretary, in coordination with the District, shall provide a report to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate within 18 months from the date of enactment of this Act on the status of the transfer described in section 3(a), any obstacles to completion of such transfer, and the anticipated date for such transfer. (c) Future Benefits.--Effective upon transfer, the District shall not be entitled to receive any further Reclamation benefits pursuant to the Reclamation Act of June 17, 1902, and Acts supplementary thereto or amendatory thereof.

Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding. Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer. Requires the conveyance under this Act to occur promptly after the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe that their trust assets have been protected, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed, to report to specified congressional committees within 18 months after the enactment of this Act on the transfer's status, obstacles, and anticipated completion date.

{"src": "billsum_train", "title": "Pine River Project Conveyance Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Equity Act of 2003''. SEC. 2. ASSISTANCE PROGRAM AUTHORIZED. Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. NATIVE AMERICAN-SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Native American-serving institutions to enable such institutions to improve and expand their capacity to serve the members of Indian tribes. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or which is recognized as an Indian tribe by law by any State or the District of Columbia; ``(2) the term `Native American-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); ``(B) is not an eligible institution for purposes of section 316 or 317; and ``(C) at the time of application, has an enrollment of undergraduate students that is at least 15 percent students who are members of one or more Indian tribes. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Native American-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve members of one or more Indian tribes. ``(2) Examples of authorized activities.--Such programs may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; and ``(H) academic tutoring and counseling programs and student support services. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Native American- serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be a Native American-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Native American-serving institution to students who are members of one or more Indian tribes; and ``(B) such other information and assurance as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Native American-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended-- (1) in subparagraph (A), by striking ``section 316'' and inserting ``sections 316, 317, and 318''; and (2) by adding at the end the following new subparagraph: ``(D) There are authorized to be appropriated to carry out section 318, $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Native American Education Equity Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to establish a program that provides grants and related assistance to certain institutions of higher education (IHEs) serving Native Americans. Makes an IHE eligible for such program if it: (1) is eligible under HEA title III part A general provisions for aid for Strengthening Institutions, but is not eligible for certain programs for American Indian tribally controlled colleges and universities or for Alaska Native and Native Hawaiian-serving institutions; and (2) has an undergraduate enrollment that is at least 15 percent students who are members of Indian tribes (or of Alaska Native villages or regional or village corporations). Sets forth examples of authorized activities to which grants may be applied such as: (1) buying, renting, or leasing scientific equipment for educational purposes; (2) renovating and improving classrooms and libraries; (3) supporting faculty exchanges and faculty fellowships; (4) funds and administrative management; and (5) academic tutoring and counseling programs. Directs the Secretary of Education to create a streamlined format enabling qualified institutions to apply for assistance.

{"src": "billsum_train", "title": "To establish a program to provide assistance to institutions of higher education serving members of Indian tribes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Promotion Funding Integrated Research, Synthesis, and Training Act'' or the ``Health Promotion FIRST Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lifestyle factors are responsible for almost half of the premature deaths in developed nations and a large portion of the deaths in developing nations. (2) Lifestyle factors are a primary cause of the 6 leading causes of death in the United States, including heart disease, cancer, stroke, respiratory diseases, accidents, and diabetes, which account for almost 75 percent of all deaths in the United States. (3) A significant portion of the health disparities in the United States are caused by lifestyle factors, which could be improved by health promotion programs. (4) The United States is experiencing epidemics in diabetes and obesity among adults and children, at the same time a majority of the population is sedentary and eats an unhealthy diet. (5) Per capita medical care costs in the United States are more than double those of all but 4 other countries in the world, yet the United States ranks 42nd in the world in life expectancy. (6) Medical care costs are second only to education in State government budgets. (7) Lifestyle factors are responsible for at least 25 percent of employer's medical care costs in the United States. (8) National costs of obesity account for 9.1 percent of all medical costs, reaching $93,000,000 in 2002. Approximately \1/2\ of these costs were paid by the Medicare & Medicaid Programs. (9) More than 440,000 people die each year from tobacco use and more than 12,000,000 are living with chronic conditions caused by tobacco. Tobacco accounts for at least $96,000,000,000 in direct medical expenditures. (10) Significant gaps exist in the basic and applied research base of health promotion regarding how to best reach and serve people of color, low-income people, people with little formal education, children, and older adults, how to create long-term health improvements, how to create supportive environments, and how to address gender issues. More focused research can reduce these gaps. (11) Significant gaps exist between the best and the typical health promotion programs. Better synthesis and dissemination of results can reduce these gaps. (12) Health promotion is the art and science of motivating people to enhance their lifestyles to achieve complete health, not just the absence of disease. Complete health involves a balance of physical, mental, and social health. (13) Health promotion programs focus on practices such as exercising regularly, eating a nutritious diet, maintaining a healthy weight, managing stress, avoiding dangerous substances such as tobacco and illegal drugs, drinking alcohol in moderation or not at all, driving safely, being wise consumers of health care, and a number of other health related practices. (14) The most effective health promotion programs include a combination of strategies to increase awareness, enhance motivation, facilitate behavior change, and develop cultures and physical environments that encourage and support healthy lifestyle practices. (15) Health promotion programs can be provided in family, clinical, child care, school, workplace, Federal, State, and community settings. (16) People living in rural areas have additional unique challenges of high risk work environments, more limited access to major educational and medical complexes, as well as facilities for fitness and recreational facilities and in some cases to grocery stores. (17) Individuals with physical disabilities respond very well to exercise treatment. This is a core component of all high quality physical therapy programs. However, additional research and more intensive efforts to disseminate information in this area are necessary. SEC. 3. HEALTH PROMOTION RESEARCH AND DISSEMINATION. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXI--HEALTH PROMOTION RESEARCH AND DISSEMINATION ``Subtitle A--Coordination of Programs of the Department of Health and Human Services ``SEC. 3101. PLAN FOR HEALTH PROMOTION PROGRAMS. ``(a) In General.--The Secretary shall develop, and periodically review and as appropriate revise, a plan in accordance with this section for activities of the Department of Health and Human Services relating to health promotion. The plan shall include provisions for coordinating all such activities of the Department, including activities under section 1701 to-- ``(1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; ``(2) analyze the necessary and available resource for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; ``(3) undertake and support necessary activities and programs to-- ``(A) incorporate appropriate health promotion concepts into our society, especially into all aspects of education and health care; ``(B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living; and ``(C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; and ``(4) undertake and support research and demonstration programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care. ``(b) Basic and Applied Science.--The plan developed under subsection (a) shall contain provisions to address how to best develop the basic and applied science of health promotion, including-- ``(1) a research agenda; ``(2) an identification of the best combination of Federal agency, university, and other community resources most qualified to pursue each of the components of such agenda; ``(3) protocols to facilitate ongoing cooperation and collaboration among the Federal agencies to pursue the agenda; and ``(4) budgetary requirements with respect to the agenda. ``(c) Dissemination of Information.--The plan developed under subsection (a) shall contain provisions to address how to best synthesize and disseminate health promotion research findings to scientists, professionals, and the public, including provisions for the following: ``(1) Protocols for ongoing monitoring of all health promotion research. ``(2) Preparation of systematic reviews and meta-analyses. ``(3) Distillation of findings into practice guidelines for programs offered in clinical, workplace, school, home, neighborhood, municipal, and State settings. ``(4) Strategies to incorporate findings into college, university, and continuing educational curriculum for all related health professions. ``(5) Communication of key findings to policy makers in business, government, educational and community settings who influence investment decisions. ``(6) Identification of the optimal combination of government agencies to coordinate the matters referred to in paragraphs (1) through (5). ``(d) Rural and Low-Income Needs.--The plan developed under subsection (a) shall contain strategies to best meet the health promotion needs of individuals in rural areas and low-income inner city areas. ``(e) Support and Development of Professional and Scientific Community.--The plan developed under subsection (a) shall contain provisions to address how to best support and develop the health promotion professional and scientific community through enhancement of existing or development of new professional organizations. ``(f) Integration of Health Promotion; Internal Department Activities.--The plan developed under subsection (a) shall contain provisions to address how resources, policies, structures, and legislation within the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and make health promoting opportunities available to all members of the public. ``(g) Integration of Health Promotion External Activities.--The plan developed under subsection (a) shall contain provisions to address how overall Federal Government policies, structures, and legislation external to the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and to make health promoting opportunities available to all individuals. ``(h) Other Federal Strategic Plans.--The Secretary shall request the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the Secretary of Housing and Urban Development to develop strategic plans for the use by each respective Federal agency of the resources and authorities of such agency to enhance the health and well-being of the American people by providing access to more opportunities for physical activity, enhancing access to more nutritious foods at more affordable prices, and reducing exposure to toxic substances such as secondhand smoke. Each such Secretary shall solicit suggestions and advice from experts of the type described in subsection (i). ``(i) Perspectives.--Due to 30 years of experience showing that traditional medical and educational approaches are not sufficient to motivate people to make and sustain basic health behavior changes, in developing the plan under subsection (a), the Secretary shall seek perspectives from individuals representing a diverse range of disciplines, including the following areas: ``(1) Agriculture. ``(2) Anthropology. ``(3) Child development. ``(4) City planning. ``(5) Commerce. ``(6) Economics. ``(7) Environmental planning and design. ``(8) Exercise physiology. ``(9) Financial analysis. ``(10) Health education. ``(11) Health policy. ``(12) Individual psychology. ``(13) Management. ``(14) Medicine. ``(15) Nursing. ``(16) Nutrition. ``(17) Organization psychology. ``(18) Taxation. ``(19) Transportation planning. ``Subtitle B--Science Programs Through National Institutes of Health ``SEC. 3111. SCIENCE OF HEALTH PROMOTION. ``(a) Plan.--The Director of the National Institutes of Health (referred to in this subtitle as `NIH'), acting through the Office of Behavioral and Social Sciences Research, shall develop, and periodically review and as appropriate revise, a plan on how to best develop the science of health promotion through the NIH agencies. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan under section 3101(a). ``(b) Certain Components of Plan.--The plan developed under subsection (a) shall include the following provisions: ``(1) A research agenda to develop the science of health promotion. ``(2) Recommendations on funding levels for the various areas of research on such agenda. ``(3) Recommendations on the best combination of NIH agencies and non-Federal entities to carry out research under the agenda. ``(c) Allocation of Resources.--Subject to compliance with appropriation Acts, the plan developed under subsection (a) shall provide for the allocation of resources for research under such plan relative to other areas of health, as appropriate taking into account the burden of lifestyle factors on morbidity and mortality, and the progress likely in advancing the science of health promotion given the current and evolving level of science on health promotion, and the relative cost of conducting research on health promotion compared to other areas of research. ``SEC. 3112. EARLY RESEARCH PROGRAMS. ``The Director of NIH, acting through the Office of Behavioral and Social Sciences Research, shall conduct or support early research programs and research training regarding health promotion. ``Subtitle C--Applied Research Programs Through Centers for Disease Control and Prevention ``SEC. 3121. RESEARCH AGENDA. ``The Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this subtitle as the `Director of CDC'), shall develop, and periodically review and as appropriate revise, a plan that establishes for such Centers a research agenda regarding health promotion. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan developed under section 3101(a). ``SEC. 3122. PREVENTION RESEARCH CENTERS. ``(a) In General.--The Director of the National Center for Chronic Disease Prevention and Health Promotion (referred to in this section as the `Director') shall expand the eligibility of entities for Prevention Research Centers (referred to in this section as `Centers') grants to include the entities described in subsection (b). The Center for Chronic Disease Prevention and Health Promotion shall retain the authority to specify the qualities of entities it deems to be most important in performing the responsibilities of Centers and shall retain the responsibility for judging which organizations possess these qualities. ``(b) Entities Described.--The entities described in this subsection include-- ``(1) institutions of higher education; ``(2) public and private research institutions; ``(3) departments or schools of-- ``(A) business; ``(B) city planning; ``(C) education; ``(D) nursing; ``(E) psychology; ``(F) public policy; ``(G) transportation; ``(H) social work; ``(I) agriculture; ``(J) nutrition; ``(K) engineering; ``(L) architecture; ``(M) exercise science; ``(N) health promotion; ``(O) population health; ``(P) preventive medicine; ``(Q) public health; and ``(R) any other program that can make a compelling connection to improving the health of the public; and ``(4) private research, membership, or service organizations. ``Subtitle D--Other Programs and Policies ``SEC. 3131. MODIFICATION OF APPLICATIONS AWARD PROCESS TO ATTRACT MOST QUALIFIED SCIENTISTS AND PRACTITIONERS; DEVELOPING HEALTH PROMOTION INFRASTRUCTURE. ``(a) Modification of Awards Application Process.--In awarding grants, cooperative agreements, and contracts under this title, the Secretary shall modify the application process to attract the most qualified individuals and organizations. ``(b) General Priority of Developing Health Promotion Infrastructure.--The Secretary shall ensure that programs carried out pursuant to this title are consistent with the general priority of developing the health promotion infrastructure among universities, nonprofit organizations, and for-profit organizations, rather than increasing the size of State or local governments or the Federal Government.''.

Health Promotion Funding Integrated Research, Synthesis, and Training Act or the Health Promotion FIRST Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to develop a plan for health promotion that includes coordinating the health promotion activities of HHS and addressing how best to: (1) develop the basic and applied science of health promotion; (2) synthesize and disseminate health promotion research; (3) meet health promotion needs in rural and low-income inner city areas; (4) support and develop the health promotion and scientific community; and (5) modify or develop resources, policies, structure, and legislation to integrate health promotion into all health professions and sectors of society. Requires the Secretary to request other federal agencies to develop health promotion strategic plans. Requires the Director of the National Institutes of Health (NIH), acting through the Office of Behavioral and Social Sciences Research, to: (1) develop a plan on how best to develop the science of health promotion through NIH agencies; and (2) conduct or support early research programs and research training regarding health promotion. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan to establish a research agenda regarding health promotion for CDC. Requires the Director of the National Center for Chronic Disease Prevention and Health Promotion to award grants to develop Health Promotion Research Centers. Requires the Secretary to modify the application process for grants, cooperative agreements, and contracts awarded under this Act to attract the most qualified individuals and organizations.

{"src": "billsum_train", "title": "To provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation and Flight Enhancement Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Whereas in 2012 the International Civil Aviation Organization (``ICAO'') adopted a standard requiring all new aircraft with a maximum certificated take-off mass over 15,000 kilograms for which a type certificate is issued on or after 1 January, 2016, and which are required to be equipped with both a digital flight recorder (referred to in this Act as ``FDR''), and a cockpit voice recorder (``CVR''), to be equipped with 2 combination FDR/CVR recorder systems. (2) It is in the public's best interest that the second combination FDR/CVR system installed under the new ICAO standard uses a deployable combination FDR/CVR/Emergency Locator Transmitter (``ELT'') system to: maximize survivability; prevent the need for underwater recovery of both black boxes in water incidents; improve timely location of the aircraft, accident site and survivors; and to ensure rapid recovery of the FDR/CVR data for timely safety and security analysis in all crash scenarios. (3) Deployable recorder systems combine an FDR, a CVR, and ELT into one crash hardened, survivable ``black box'', which releases from the aircraft upon crash impact with land, water, and in the event of in-air explosion, enabling it to avoid the crash impact site and float indefinitely on water to avoid time-consuming and costly underwater search efforts. (4) Deployable FDR/CVR/ELT black boxes send a distress alert tracking signal to the free, global constellation of Search and Rescue (SAR) satellite transponders known as COSPAS- SARSAT; providing the position of the aircraft at point of impact, aircraft tail number, country of origin, and location of the deployable FDR/CVR/ELT black box for quick recovery and analysis. (5) Recent commercial aviation accidents exemplify a growing trend in difficult and costly underwater aircraft CVR/ FDR location and recovery efforts: (A) March 8, 2014, Malaysia Airlines Flight 370, disappeared with 239 passengers and crew. International search and recovery efforts for the aircraft and black boxes are ongoing involving 29 nations and hundreds of millions of dollars in resources, estimated to result in the most expensive search and recovery mission in aviation history. (B) June 1, 2009, Air France Flight 447, crashed into the Atlantic Ocean with 216 passengers and 12 crew members. Despite locating aircraft wreckage within 5 days, it still took nearly two years and an estimated cost of over $160,000,000 to recover the FDR and CVR from the bottom of the Atlantic Ocean at a depth of 12,000 feet. (C) June 30, 2009, Yemenia Airlines IY626, crashed off of the coast of Comoros, with 152 passengers and aircrew. The sole survivor, a 12-year-old girl, was found clinging to wreckage after floating in the ocean for thirteen hours. Her accounts estimated 30 to 40 passengers survived the crash but succumbed to hypothermia due to the delay in locating the downed aircraft. The FDR and CVR were not recovered until nearly two months later, at a depth of 3,900 feet. (D) January 1, 2007, Adam Air Flight 574, carrying 102 passengers and aircrew crashed off the coast of Indonesia. The FDR and CVR were located nearly one month later, but could not be recovered until seven months later on due to the difficulty of the underwater environment. The FDR and CVR were found at a depth of 6,600 feet and 4,600 feet apart. (6) Countries with extensive search and rescue capabilities, such as Australia, Brazil, Canada, Denmark, Japan, Norway, United Kingdom, and the United States, have equipped military platforms, including commercial equivalent aircraft with automatic deployable black box technology. (7) Following the crash of Air France Flight 447, the French Bureau d'Enquetes et d'Analyses (BEA) led the International Flight Data Recovery Working Group, consisting of over 100 safety experts, that scored deployable FDR/CVR/ELT systems the highest among all evaluated technologies to improve aircraft and black box localization and recovery. (8) There are no recurring service/data fees associated with the use of deployable FDR/CVR/ELT systems. The COSPAS- SARSAT satellites, network and supporting infrastructure that receives the alert signal from the deployable FDR/CVR/ELT with the aircraft crash location and black box location is a free, global safety service managed by governments around the world. (9) In accordance with Public Law 110-53, (Implementing Recommendations of the 9/11 Commission Act of 2007), the Transportation Security Administration conducted a pilot program that successfully tested in concept, the ability of automatic deployable recorder systems to improve rapid access to flight data following commercial aviation crashes, while also providing localization of downed aircraft and potential survivors. SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations that require all commercial passenger aircraft defined under this Act be equipped with a deployable recorder system as the second combination FDR/CVR recorder system installed under International Civil Aviation Organization Annex 6, Part I, Amendment 35--6.3.4.5.2 Combination Recorders. (b) Schedule for Compliance.--The regulations under subsection (a) shall require the installation of the automatic deployable recorder system required under this section on commercial aircraft that are ordered by an air carrier on or after January 1, 2016. (c) Definitions.--In this Act, the following definitions apply: (1) Commercial aircraft.--The term ``commercial passenger aircraft'' means a jet aircraft with a maximum certificated take-off mass over 15,000 kilograms, and which are required to be equipped with 2 combination FDR/CVR recorder systems in accordance with ICAO Annex 6, Part I, Amendment 6.3.4.5.2. (2) Deployable recorder system.--The term ``deployable recorder system'' means a flight data recorder, cockpit voice recorder, and emergency locator transmitter housed in one crash protected, floatable unit that meets the performance specifications for a Deployable Recorder system under United States Federal Aviation Administration Technical Standard Order 123c (CVR), Technical Standard Order 124c (FDR), and Minimum Operational Performance Specifications for Deployable Recorders under EUROCAE ED-112A and all subsequent updates to such requirements.

Safe Aviation and Flight Enhancement Act of 2014 - Directs the Administrator of the Federal Aviation Administration (FAA) to require all commercial passenger aircraft ordered by an air carrier on or after January 1, 2016, to be equipped with a deployable recorder system as the second combination FDR/CVR recorder system installed under International Civil Aviation Organization (ICAO) flight recorder standards. Defines: (1) "commercial passenger aircraft" to mean a jet aircraft with a maximum certificated take-off mass over 15,000 kilograms that is required to be equipped with two combination recorder systems in accordance with ICAO requirements; and (2) "deployable recorder system" to mean a flight data recorder, cockpit voice recorder, and emergency locator transmitter housed in one crash protected, floatable unit that meets the performance specifications under specified standards of the FAA and the European Organization for Civil Aviation Equipment.

{"src": "billsum_train", "title": "Safe Aviation and Flight Enhancement Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hack Your State Department Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Department.--The term ``Department'' means the Department of State. (3) Information technology.--The term ``information technology'' has the meaning given such term in section 11101 of title 40, United States Code. (4) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 3. DEPARTMENT OF STATE VULNERABILITY DISCLOSURE PROCESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Process (VDP) to improve Department cybersecurity by-- (1) providing security researchers with clear guidelines for-- (A) conducting vulnerability discovery activities directed at Department information technology; and (B) submitting discovered security vulnerabilities to the Department; and (2) creating Department procedures and infrastructure to receive and fix discovered vulnerabilities. (b) Requirements.--In establishing the VDP pursuant to paragraph (1), the Secretary shall-- (1) identify which Department information technology should be included in the process; (2) determine whether the process should differentiate among and specify the types of security vulnerabilities that may be targeted; (3) provide a readily available means of reporting discovered security vulnerabilities and the form in which such vulnerabilities should be reported; (4) identify which Department offices and positions will be responsible for receiving, prioritizing, and addressing security vulnerability disclosure reports; (5) consult with the Attorney General regarding how to ensure that approved individuals, organizations, and companies that comply with the requirements of the process are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under the process; (6) consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 Vulnerability Disclosure Program, ``Hack the Pentagon'', and subsequent Department of Defense bug bounty programs; (7) engage qualified interested persons, including nongovernmental sector representatives, about the structure of the process as constructive and to the extent practicable; and (8) award a contract to an entity, as necessary, to manage the process and implement the remediation of discovered security vulnerabilities. (c) Annual Reports.--Not later than 180 days after the establishment of the VDP under subsection (a) and annually thereafter for the next six years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the following with respect to the VDP: (1) The number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported. (2) The number of previously unidentified security vulnerabilities remediated as a result. (3) The current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans. (4) The average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities. (5) An estimate of the total cost savings of discovering and addressing security vulnerabilities submitted through the VDP. (6) The resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation. (7) Any other information the Secretary determines relevant. SEC. 4. DEPARTMENT OF STATE BUG BOUNTY PILOT PROGRAM. (a) Establishment of Pilot Program.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall establish a bug bounty pilot program to minimize security vulnerabilities of internet-facing information technology of the Department. (2) Requirements.--In establishing the pilot program described in paragraph (1), the Secretary shall-- (A) provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other internet-facing information technology of the Department that are accessible to the public; (B) award a contract to an entity, as necessary, to manage such pilot program and for executing the remediation of security vulnerabilities identified pursuant to subparagraph (A); (C) identify which Department information technology should be included in such pilot program; (D) consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of such pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under such pilot program; (E) consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 ``Hack the Pentagon'' pilot program and subsequent Department of Defense bug bounty programs; (F) develop a process by which an approved individual, organization, or company can register with the entity referred to in subparagraph (B), submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in such pilot program; (G) engage qualified interested persons, including nongovernmental sector representatives, about the structure of such pilot program as constructive and to the extent practicable; and (H) consult with relevant United States Government officials to ensure that such pilot program compliments persistent network and vulnerability scans of the Department of State's internet-accessible systems, such as the scans conducted pursuant to Binding Operational Directive BOD-15-01. (3) Duration.--The pilot program established under paragraph (1) should be short-term in duration and not last longer than one year. (b) Report.--Not later than 180 days after the date on which the bug bounty pilot program under subsection (a) is completed, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on such pilot program, including information relating to-- (1) the number of approved individuals, organizations, or companies involved in such pilot program, broken down by the number of approved individuals, organizations, or companies that-- (A) registered; (B) were approved; (C) submitted security vulnerabilities; and (D) received compensation; (2) the number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported as part of such pilot program; (3) the number of previously unidentified security vulnerabilities remediated as a result of such pilot program; (4) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans; (5) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (6) the types of compensation provided under such pilot program; and (7) the lessons learned from such pilot program. Passed the House of Representatives September 25, 2018. Attest: KAREN L. HAAS, Clerk.

Hack Your State Department Act This bill requires the Department of State to design, establish, and make publicly known a Vulnerability Disclosure Process to improve cybersecurity. The process requirements include: (1) identifying which information technology should be included, (2) providing a readily available means of reporting discovered security vulnerabilities, and (3) identifying the offices and position that will be responsible for addressing security vulnerability disclosures. The bill requires the State Department to establish a bug bounty pilot program to provide compensation for reports of previously unidentified security vulnerabilities of its internet-facing information technology.

{"src": "billsum_train", "title": "Hack Your State Department Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The President's Emergency Plan for AIDS Relief (in this Act referred to as ``PEPFAR'') is an unprecedented effort to combat the global AIDS epidemic, with $9,000,000,000 targeted for initiatives in 15 focus countries. (2) The PEPFAR prevention goal is to avert 7,000,000 HIV infections in the 15 focus countries--most in sub-Saharan Africa, where heterosexual intercourse is by far the predominant mode of HIV transmission. (3) According to the Joint United Nations Programme on HIV/ AIDS, young people between the ages of 15 and 24 years old are ``the most threatened by AIDS'' and ``are at the centre of HIV vulnerability''. Globally, young people between the ages of 10 and 24 years old account for \1/2\ of all new HIV cases each year. About 7,000 young people in this cohort contract the virus every day. (4) A recent review funded by the United States Agency for International Development found that sex and HIV education programs that encourage abstinence but also discuss the use of condoms do not increase sexual activity as critics of sex education have long alleged. Sex education can help delay the initiation of intercourse, reduce the frequency of sex and the number of sexual partners, and also increase condom use. (5) The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.) requires that at least \1/3\ of all prevention funds be reserved for abstinence-until-marriage programs. (6) A congressionally mandated review by the Institute of Medicine of the first 3 years of PEPFAR unequivocally recommends greater flexibility in the global fight against AIDS. The March 2007 Institute of Medicine report entitled ``PEPFAR Implementation: Progress and Promise'' calls for greater emphasis on prevention than the law currently allows and says that ``removal of the abstinence-until-marriage'' earmark, among other changes, ``could enhance the quality, accountability, and flexibility'' of prevention efforts. (7) The Institute of Medicine report further found that the abstinence-until-marriage earmark ``has greatly limited the ability of Country Teams to develop and implement comprehensive prevention programs that are well integrated with each other and with counseling and testing, care and treatment programs and that target those populations at greatest risk''. (8) The Institute of Medicine report also found that the earmark has ``limited PEPFAR's ability to tailor its activities in each country to the local epidemic and to coordinate with . . . the countries' national plans''. (9) The Institute of Medicine report is in keeping with the conclusions of a report issued in 2006 by the Government Accountability Office. The GAO report, entitled ``Spending Requirement Presents Challenges for Allocating Funding under the President's Emergency Plan for AIDS Relief'', found ``significant challenges'' associated with meeting the earmark for abstinence-until-marriage programs. (10) The Government Accountability Office found that a majority of country teams report that fulfilling the requirement presents challenges to their ability to respond to local epidemiology and cultural and social norms. (11) The Government Accountability Office found that, although some country teams may be exempted from the abstinence-until-marriage spending requirement, country teams that are not exempted have to spend more than the 33 percent of prevention funds on abstinence-until-marriage activities-- sometimes at the expense of other programs. (12) The Government Accountability Office found that, as a result of the abstinence-until-marriage spending requirement, some countries have had to reduce planned funding for Prevention of Mother-to-Child Transmission programs, thereby limiting services for pregnant women and their children. (13) The Government Accountability Office found that the abstinence-until-marriage spending requirement limited or reduced funding for programs directed to high-risk groups, such as services for married discordant couples, sexually active youth, and commercial sex workers. (14) The Government Accountability Office found that the abstinence-until-marriage spending requirement made it difficult for countries to fund medical and blood safety activities. (15) The Government Accountability Office found that, because of the abstinence-until-marriage spending requirement, some countries would likely have to reduce funding for condom procurement and condom social marketing. (16) In addition, the Government Accountability Office found that \2/3\ of focus country teams reported that the policy for implementing PEPFAR's ABC model (defined as ``Abstain, Be faithful, use Condoms'') is unclear and open to varying interpretations, causing confusion about which groups may be targeted and whether youth may receive the ABC message. (17) The Government Accountability Office found that the ABC guidance does not clearly delineate permissible ``C'' activities under the ABC model. Program staff reported that they feel ``constrained'' by restrictions on promoting or marketing condoms to youth. Other country teams reported confusion about whether PEPFAR funds may be used for broad condom social marketing, even to adults in a generalized epidemic. (18) Young people are our greatest hope for changing the course of the AIDS epidemic. According to the World Health Organization, ``[f]ocusing on young people is likely to be the most effective approach to confronting the epidemic, particularly in high prevalence countries''. SEC. 3. ENSURING BALANCED FUNDING FOR HIV PREVENTION METHODS. (a) Sense of Congress on Abstinence-Until-Marriage Funding Requirement.--Section 402(b)(3) of the United States Leadership Against HIV/AIDS, Tuburculosis, and Malaria Act of 2003 (22 U.S.C. 7672(b)(3)) is amended by striking ``, of which such amount at least 33 percent should be expended for abstinence-until-marriage programs''. (b) Elimination of Abstinence-Until-Marriage Funding Requirement.-- Section 403(a) of such Act (22 U.S.C. 7673(a)) is amended by striking the second sentence.

HIV Prevention Act of 2007 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to eliminate the HIV/AIDS abstinence-until marriage funding set-aside.

{"src": "billsum_train", "title": "A bill to provide additional assistance to combat HIV/AIDS among young people, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation maintains fingerprints and criminal history records on more than 71,000,000 individuals. (2) Congress has worked with the States to make criminal history background checks available to organizations seeking to screen employees and volunteers who work with children, the elderly, and individuals with disabilities, through the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.), the Volunteers for Children Act (Public Law 105-251; 112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 Stat. 1460), the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 587), and statutes enacted by 48 states in compliance with Public Law 92-544. However, there may still be persons providing care and services to children who fall outside these numerous and broad categories of criminal history background checks authorized by Federal and State law. (3) The electronic life safety and security systems industry provides commercial buildings, public agencies and private residences with alarm, security and central monitoring systems to help prevent crime. These systems may be installed by individual employer-owned companies and other private sector businesses. (4) Although 18 States currently have legislation, enacted under Public Law 92-544, to authorize criminal history background checks on individuals in burglar alarm installation and related professions, most States do not require a criminal history background check. To protect lives and property, individuals in the electronic life safety and security systems industry should undergo a State and national criminal history background check. SEC. 3. BACKGROUND CHECKS. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended-- (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: ``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS. ``(a) Definitions.--In this section-- ``(1) the term `background check designee' means the entity designated by the Attorney General under subsection (b)(3) to carry out the duties described in subsection (c); ``(2) the term `covered entity' means any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children; ``(3) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have unsupervised access to vulnerable populations served by a covered entity; ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; or ``(ii) owns or operates, or seeks to own or operate, a covered entity; or ``(C) who is an employer or employee in the electronic life and safety security systems industry; ``(4) the term `criminal history review designee' means the entity designated by the Attorney General under subsection (b)(2) to carry out the criminal history review program; ``(5) the term `criminal history review program' means the program established under subsection (d); ``(6) the term `electronic life safety and security systems industry' means employers and employees in businesses that provide installation and central monitoring of fire and burglar alarm systems to public or private entities, including fire alarms, burglar alarms, closed-circuit television, biometric systems, access control systems, personal emergency response systems, and other crime prevention systems; ``(7) the term `qualified State program' means a program of a State authorized agency that provides access to national criminal history background checks, as authorized by Federal or State law; ``(8) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and ``(9) the term `vulnerable populations' shall include elderly persons, disabled persons, and children. ``(b) Establishment of Program.-- ``(1) Purpose.--The purpose of this subsection is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on covered individuals and on employers and employees in the electronic life safety and security systems industry. ``(2) In general.--Not later than 1 year after the date of enactment of the Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013, the Attorney General shall establish-- ``(A) policies and procedures to carry out the duties described in subsection (c); and ``(B) a criminal history review program in accordance with subsection (d). ``(3) Designees.--The Attorney General may designate 1 or more Federal Government agencies to carry out the duties described in subsection (c). ``(c) Access to State and National Background Checks.-- ``(1) Duties.--The Attorney General shall-- ``(A) inform covered entities and covered individuals about how to request State and national background checks-- ``(i) for covered entities and covered individuals located in a State with a qualified State program, by referring the covered entity or covered individual to the State authorized agency; or ``(ii) for covered entities and covered individuals located in a State without a qualified State program, by providing information on alternative methods of obtaining a State and national background check; ``(B) complete a check of the national criminal history background check system; and ``(C) provide information received in response to such national criminal history background check to the criminal history review designee. ``(2) Required information.--A request for a State and national criminal history background check shall include-- ``(A) the fingerprints of the covered individual; ``(B) other documents required by State law for a State criminal history background check; and ``(C) the appropriate fee. ``(3) Fees.--The Attorney General shall, in addition to the fee for the noncriminal justice national criminal history background check authorized under section 534 of title 28, United States Code-- ``(A) collect a fee to offset the costs of carrying out the duties described in subsection (d), in an amount equal to the cost of conducting the criminal history review; and ``(B) remit such fee to the Federal Bureau of Investigation. ``(d) Criminal History Review Program.-- ``(1) Purpose.--The purpose of this subsection is to provide covered entities with reliable and accurate information regarding the fitness of the covered individuals to have responsibility for the safety and well-being of vulnerable populations in their care, or for the installation and central monitoring of fire and burglar alarm systems. ``(2) Requirements.--The Attorney General or designee shall-- ``(A) establish procedures to securely receive criminal history records; ``(B) make determinations regarding whether the criminal history records received in response to a criminal history background check conducted under this section indicate that the covered individual has a criminal history that may bear on the covered individual's fitness to provide care to vulnerable populations or to install and monitor fire and burglar alarm systems; ``(C) convey to the covered entity that submitted the request for a State and national criminal history background check-- ``(i) the fitness and suitability of the covered individual based solely on the criteria described in paragraph (3); and ``(ii) instructions and guidance that the covered entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, `Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964', or any successor thereto, issued by the United States Equal Employment Opportunity Commission. ``(3) Criminal history review criteria.--In determining whether a criminal history record indicates that a covered individual has a criminal history that may bear on the fitness of the covered individual to provide care to vulnerable populations or to install and monitor fire and burglar alarm systems, the Attorney General or designee shall employ the criteria used to evaluate individuals under other Federal laws, such as the Volunteers for Children Act (Public Law 105-251; 112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 Stat. 1460), and the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 587). ``(4) Application processing.-- ``(A) In general.--The Attorney General shall establish the process by which a covered entity or a covered individual in a State without a qualified State program may obtain a State and national criminal history background check. ``(B) Challenge to completeness of record.--A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigations under the procedure set out in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto. ``(5) Participation in program.--The Attorney General or designee shall determine whether an entity is a covered entity. ``(6) Privacy of information.-- ``(A) In general.--Any entity authorized to receive or transmit fingerprints or criminal history records under this section-- ``(i) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and ``(ii) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. ``(B) Retention of fingerprints by the fbi.--In accordance with State or Federal procedures, for the purpose of providing fingerprint verification, criminal investigation or subsequent hit notification services, or for the retention of criminal history, the Federal Bureau of Investigation may retain any fingerprints submitted to the Federal Bureau of Investigation under this section. ``(7) Rule of construction.--Nothing in this subsection shall be construed to change or replace any background check program authorized by Federal or State law on the day before the date of enactment of the Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013.''.

Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013 - Amends the National Child Protection Act of 1993 to direct the Attorney General to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on covered individuals, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a covered individual. Defines "covered entity" as any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children. Defines "covered individual" as an individual who: (1) has, seeks to have, or may have unsupervised access to vulnerable populations (i.e., elderly, disabled, and children) served by a covered entity; (2) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; (3) owns or operates, or seeks to own or operate, a covered entity; or (4) is an employer or employee in the electronic life and safety security systems industry.

{"src": "billsum_train", "title": "Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Walnut Canyon Study Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds as follows: (1) The Coconino National Forest was established in the State of Arizona on July 2, 1908. (2) The Walnut Canyon National Monument in the State of Arizona was originally designated as a national monument by Presidential proclamation on November 30, 1915, to protect Sinaguan cliff dwellings. (3) Since the original designation, the Monument boundaries have been expanded to include 3,580 acres. (4) National Forest System lands and State trust lands in the study area contain significant cultural and natural resources. (5) The Coconino National Forest Land and Resources Management Plan of 1987 identified National Forest System land in the study area as land for nondevelopment or disposal under the National Forest Management Act of 1976 (16 U.S.C. 472a, et seq.). (6) State trust land in the study area has been temporarily removed from consideration for development by State agencies with jurisdiction over the State trust land. (7) The communities in the vicinity of the land in the study area support maintaining public uses of the land surrounding the Monument while protecting the resources of the land. (8) Several interest groups have proposed expanding the Monument and designating the expanded area as a national park or national preserve. (9) The city of Flagstaff and Coconino County, Arizona, have passed resolutions supporting further review and study of, and the development of management options for the study area. (10) To determine the appropriate management of the adjacent land, interested parties have requested a study to help identify management options. (b) Purposes.--The purposes of this Act are-- (1) to authorize a study of the study area to evaluate public uses and resource values; and (2) to obtain recommendations for management options for maintenance of the public uses and protection of resources of the study area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Walnut Canyon Proposed Study Area'' and dated July 17, 2003. (2) Monument.--The term ``Monument'' means the Walnut Canyon National Monument in the State of Arizona. (3) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. (4) Study area.--The term ``study area'' means the area identified on the map as ``Walnut Canyon Proposed Study Area'', consisting of 30,818 acres, of which-- (A) 24,987 acres is Federal land in Coconino National Forest; (B) 2,037 acres is State land; (C) 214 acres is private land; and (D) 3,580 acres is the Monument. SEC. 4. STUDY. (a) In General.--The Secretaries shall conduct a study of the study area. (b) Requirements.--The study shall evaluate-- (1) the significance of the resources of the study area as the resources pertain to-- (A) the management objectives of the Forest Service; and (B) the management objectives of the National Park Service; (2) the opportunities for maintaining existing public uses such as grazing, hunting, and recreation; and (3) a range of options for managing and conserving resources by the National Park Service or the Forest Service, or by both agencies acting jointly, including the suitability and feasibility of-- (A) a boundary adjustment to the Monument; (B) designation of the study area as a national park or preserve; (C) maintaining the study area as managed by the Forest Service; and (D) any other designation or management option that will accomplish both the protection of resources and the maintenance of public use and access for the study area. (c) Consultation.--In conducting the study, the Secretaries shall-- (1) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (2) collaborate with the persons identified in subsection (d) in developing a scope of work for the draft study under the guidance of the third-party consultant. (d) Review; Recommendations.--The Secretaries, the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and the Coconino County Board of Supervisors shall-- (1) review the draft study prepared by the third-party consultant; and (2) provide the third-party consultant comments on and recommendations for the draft study. (e) Report.--Not later than 18 months after the date on which funding is made available to carry out this Act, the Secretaries shall submit to Congress a report that-- (1) describes the findings and conclusions of the study conducted under this section, including the recommendation of the persons identified in subsection (d); and (2) makes a recommendation for the future management of the study area. (f) Effect.--Nothing in this Act affects the management of the land depicted on the Map. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as are necessary to carry out this Act. (2) Effect.--Amounts made available under paragraph (1) shall not affect the amounts otherwise made available for Forest Service or National Park Service activities in the State of Arizona.

Walnut Canyon Study Act of 2004 - Directs the Secretary of the Interior and the Secretary of Agriculture to conduct a study of specified Federal land in Coconino National Forest, State and private lands, and Walnut Canyon National Monument in Arizona (the study area) to evaluate: (1) the significance of the resources of the study area as they pertain to the management objectives of the Forest Service and the National Park Service (NPS); (2) the opportunities for maintaining existing public uses, such as grazing, hunting, and recreation; and (3) a range of options for managing and conserving resources by the NPS or the Forest Service, or by both agencies, including the feasibility of a boundary adjustment to the Monument, designation of the study area as a national park or preserve, maintaining the study area as managed by the Forest Service, and any other designation or management option that will accomplish the protection of resources and the maintenance of public use and access for such area. Requires the Secretaries to: (1) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (2) collaborate with the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and Coconino County Board of Supervisors in developing a scope of work for the draft study under the guidance of the third-party consultant.

{"src": "billsum_train", "title": "To direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the State of Arizona."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Human Rights Protection Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' includes-- (A) extrajudicial killings; (B) torture or cruel, inhuman, or degrading treatment or punishment; (C) prolonged arbitrary detention, causing the disappearance of individuals by the abduction and clandestine detention of those individuals; (D) forced abortion or sterilization; (E) psychiatric or medical experimentation or organ harvesting of individuals without consent or obtained in detention; and (F) other flagrant denial of the right to life, liberty, or the security of an individual. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. AUTHORIZATION OF SANCTIONS FOR GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to an individual who is a national of the People's Republic of China the President determines, based on credible information-- (1) is responsible for gross violations of internationally recognized human rights committed against other individuals in the People's Republic of China, particularly those individuals who seek to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of another individual who is a national of the People's Republic of China in a matter relating to an activity described in paragraph (1); or (3) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Inadmissibility to united states.-- (A) In general.--Ineligibility of the individual to receive a visa to enter the United States or to be admitted to the United States. (B) Revocation.--If the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (2) Blocking of property.-- (A) In general.--The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of the individual if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (c) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 4. WAIVER AUTHORITY AND EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT. (a) Waiver Authority.--The President may waive the application of sanctions under section 3 with respect to an individual who is a national of the People's Republic of China if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) not later than 30 days prior to granting such a waiver, submits to the appropriate congressional committees notice of, and a justification for, the waiver. (b) Exception To Comply With United Nations Headquarters Agreement.--Sanctions under sections 3(b)(1) shall not apply to an individual who is a national of the People's Republic of China if admitting the individual into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. SEC. 5. TERMINATION OF SANCTIONS. The President may terminate the application of sanctions under section 3 with respect to an individual who is a national of the People's Republic of China if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) credible information exists that the individual did not engage in the activity for which sanctions were imposed; (2) the individual has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the individual has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in section 3 in the future. SEC. 6. ESTABLISHMENT OF CHINA HUMAN RIGHTS DOCUMENTATION CENTER. (a) In General.--The Secretary of State shall seek to provide for the establishment of and provide funding for an independent, nongovernmental organization, to be referred to as the China Human Rights Documentation Center, to-- (1) compile, publish, and archive credible evidence of nationals of the People's Republic of China who commit gross violations of internationally recognized human rights against individuals in the People's Republic of China; (2) receive evidence of such violations from nongovernmental organizations and governmental entities; (3) establish an online and searchable database, in English and in Chinese, and establish other multi-media information platforms, in English and in Chinese, of credible evidence of such violations for research and educational purposes; and (4) compile, publish, and archive credible evidence of individuals who are nationals of the People's Republic of China who are engaged in-- (A) censorship of the Internet, restrictions on the freedom of expression, the free flow of news and information, and the silencing of peaceful dissent against government policy or practice; (B) threats, surveillance, censorship, detention, beatings, or the denials or delays of visas of United States or other foreign journalists working in China; (C) threats, beatings, surveillance, detention, or threats to the loss of jobs or professional status made against-- (i) individuals who are human rights lawyers seeking to represent clients detained in extra-legal detention centers; (ii) individuals considered by the United Nations Working Group on Arbitrary Detention to be detained arbitrarily in China, including Tibetans, Uyghurs, and individuals who are members of the Falun Gong; (iii) individuals who are democracy, labor, environmental, or free speech advocates; (iv) individuals who are petitioners or bloggers; (v) individuals accused in governmental anti-corruption campaigns; and (vi) individuals from religious communities that are independent of government-approved religious organizations; (D) restrictions on the right to freedom of religion and the ability to exercise peaceful religious practice, in public and private, independent of government restrictions or oversight of religious teachings or choice of religious leaders, particularly the arrest and detention of religious leaders, the destruction of property or heavy fines, and the ``patriotic education'' of religious leaders; (E) implementing China's population control policies, including through the coercive and persistent monitoring of fertility, the issuing of heavy fines, and threats made for the loss of employment or the denial of residency and other government benefits to children born beyond the government-prescribed limit; (F) profiting from or overseeing slave labor, particularly in detention facilities, or from sex or bride trafficking or those engaged in beating, threatening, or detaining individuals seeking to disrupt trafficking in persons networks; (G) profiting from the sale of organs harvested from an individual without consent or while an individual is in detention; (H) disrupting or prohibiting, through violence, intimidation, discrimination, or threats, attempts to organize independent trade unions or to engage in efforts of collective bargaining; or (I) prosecuting, sentencing, or those involved in the continued detention of individuals determined by the United Nations Working Group on Arbitrary Detention to have been detained arbitrarily. (b) Authorization of Appropriations.--Of the funds authorized to be appropriated to the Department of State for each fiscal year beginning after the date of the enactment of this Act, such funds as may be necessary to carry out this section are authorized to be appropriated to carry out this section for such fiscal year. (c) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 7. USE OF CREDIBLE EVIDENCE FOR SANCTIONS DETERMINATIONS AND REPORTS. In making determinations to impose sanctions under section 3 and for purposes of preparing and submitting reports to Congress under sections 8 and 9, the President should use any credible evidence-- (1) compiled and published by the China Human Rights Documentation Center established under section 6; (2) compiled and published by the Department of State and other appropriate Federal departments and agencies; and (3) submitted to the President by the chairperson and ranking member of appropriate congressional committees. SEC. 8. REPORTS BY PRESIDENT TO CONGRESS. (a) Report Required.-- (1) In general.--The President shall submit to the appropriate congressional committees on an annual basis a report that includes-- (A) a list of individuals who are nationals of the People's Republic of China with respect to which the President imposed sanctions pursuant to section 3 during the calendar year preceding the submission of the report; (B) a description of the type of sanctions imposed with respect to each individual; (C) the number of individuals with respect to which the President imposed sanctions under section 3(a) during that year; (D) the dates on which such sanctions were imposed or terminated, as the case may be; (E) the reasons for imposing or terminating such sanctions; and (F) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (2) Dates for submission.-- (A) Initial report.--The President shall submit the initial report required by this subsection not later than 180 days after the date of the enactment of this Act. (B) Subsequent reports.-- (i) In general.--The President shall submit each subsequent report required by this subsection on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (I) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of such calendar year; and (II) each subsequent calendar year. (ii) Congressional statement.--Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ``Human Rights Day'' and thus the importance of December 10 of each calendar year as the date of submission of the subsequent reports required by this subsection. (b) Form of Report.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception.--The name of an individual who is a national of the People's Republic of China to be included in the list required by subsection (a)(1) by reason of the imposition of sanctions pursuant to section 3 may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. (c) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 9. REPORT BY COMPTROLLER GENERAL TO CONGRESS ON IMPLEMENTATION OF THIS ACT. (a) In General.--Not later than 1 year after the date of submission of the initial report to Congress under section 8, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the following: (1) A description and assessment of the process-- (A) to determine whether an individual who is a national of the People's Republic of China has engaged in an activity described in section 3 and whether sanctions under section 3 should be imposed with respect to the individual; (B) to determine whether the identity of an individual who is a national of the People's Republic of China with respect to which the President has imposed sanctions pursuant to section 3 should be classified; and (C) whether the inclusion of the identity of an individual who is a national of the People's Republic of China in the unclassified version of the report has had any noticeable positive benefits in curtailing gross violations of internationally recognized human rights in the People's Republic of China. (2) An assessment of the implementation of this Act. (b) Consultation.--The Comptroller General shall consult with the appropriate congressional committees and nongovernmental organizations for purposes of preparing the report required by subsection (a).

China Human Rights Protection Act of 2015 Directs the President to impose U.S. entry and property sanctions against a national of China who: is responsible for gross violations of internationally recognized human rights committed against individuals in China, particularly those who seek to exercise, defend, or promote internationally recognized human rights and freedoms; acted as an agent of or on behalf of a national of China in such activities; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. Authorizes the President, with regard to such sanctions, to: waive their application, with prior congressional notification, if in U.S. national security interests; and terminate them under specified conditions. States that sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters, or other applicable international obligations of the United States. Declares that the Secretary of State shall seek to provide for the establishment of, and provide funding for, a nongovernmental China Human Rights Documentation Center to: compile, publish, and archive evidence of nationals of China who commit gross violations of internationally recognized human rights against individuals in China, and against others seeking to expand freedoms in China; and establish an online and searchable database, in English and in Chinese of evidence of such violations for research and educational purposes. Directs the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition. Directs the Government Accountability Office to assess for Congress: the process to determine whether a foreign person has engaged in a sanctionable activity, whether sanctions should be imposed, and whether the identity of a sanctioned foreign person should be classified; and implementation of this Act.

{"src": "billsum_train", "title": "China Human Rights Protection Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Recall Protection Act of 2011''. SEC. 2. PROHIBITION ON THE SALE OF RECALLED PRODUCTS. (a) Definitions.--In this section: (1) Covered product.--The term ``covered product'' means any of the following: (A) A motor vehicle or replacement equipment, as such terms are defined in section 30102 of title 49, United States Code. (B) Food, drugs, devices, and cosmetics as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A biological product as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (D) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (E)(i) A meat or meat food product within the meaning given such terms in the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). (ii) A poultry or poultry product as such terms are defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453). (iii) An egg or egg product as such terms are defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). (2) Recall.--With respect to a covered product, the term ``recall'' means the following: (A) In the case that the Secretary of Transportation makes a determination under section 30118(b)(1) of title 49, United States Code, that a covered product described in paragraph (1)(A) contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under chapter 301 of such title, giving notification under section 30119 of such title and remedying such defect or noncompliance under section 30120 of such title. (B) In the case of-- (i) a device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), an order under subsection (b)(1)(A) or (e) of section 518 of such Act (21 U.S.C. 360h(b)(1)(A) and (e)); (ii) infant formula, as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), a recall of infant formula begun by a manufacturer of infant formula that is carried out in accordance with section 412(f) of such Act (21 U.S.C. 350a(f)); and (iii) any other covered product described in paragraph (1)(B), a recall of the covered product by the manufacturer or distributor in response to an advisory or other alert issued by the Commissioner of Food and Drugs that advises consumers to avoid the covered product. (C) In the case of a product described in paragraph (1)(C), an order under section 351(d) of the Public Health Service Act (42 U.S.C. 262(d). (D) In the case of a covered product described in paragraph (1)(D), an action under subsection (c) and (d) of section 15 of the Consumer Product Safety Act (15 U.S.C. 2064). (E) In the case of a covered product described in paragraph (1)(E), a recall of the covered product under-- (i) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); (ii) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or (iii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.). (b) Prohibition.-- (1) In general.--Except as provided in paragraph (2), a person may not sell to a consumer any covered product that is subject to a recall. (2) Remedied products.--Paragraph (1) shall not apply to the sale to a consumer of a covered product that was subject to a recall because of a defect in such product if-- (A) such defect was remedied prior to such sale; and (B) the seller of such product notifies such consumer of such recall, defect, and remedy. (c) Enforcement.-- (1) Unfair or deceptive act or practice.--A violation of a prohibition described in subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by the federal trade commission.--The Federal Trade Commission shall enforce the provisions of this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this section. (3) Regulations.--The Federal Trade Commission shall prescribe such regulations as the Commission considers necessary to carry out this subsection and subsections (a) and (b). (d) List of Recalled Products.-- (1) In general.--The Consumer Product Safety Commission shall, in cooperation with the Secretary of Agriculture, the Commissioner of Food and Drugs, the Federal Trade Commission, and the Secretary of Transportation, establish, maintain, and make available to the public a list of covered products that are subject to a recall. (2) Manner of publication.--The Consumer Product Safety Commission shall make the list required by paragraph (1) available to the public as a single searchable list containing all covered products subject to a recall regardless of agency jurisdiction.

Consumer Recall Protection Act of 2011 - Prohibits a person from selling to consumers any covered product that is subject to a recall. Exempts from such prohibition the sale of a covered product that was subject to a recall because of a defect in such product if: (1) such defect was remedied prior to such sale; and (2) the seller of such product notifies such consumer of such recall, defect, and remedy. Defines a "covered product" to include a motor vehicle or replacement equipment, food, drugs, devices, cosmetics, a biological product, a consumer product, a meat or meat food product, a poultry or poultry product, and an egg or egg product. Defines "recall" for each type of covered product. Treats a violation of such prohibition as a violation of a rule defining an unfair or deceptive act or practice described under the Federal Trade Commission Act. Requires the Consumer Product Safety Commission (CPSC) to establish, maintain, and make available to the public a searchable list of covered products that are subject to a recall.

{"src": "billsum_train", "title": "A bill to prohibit the sale of any product to a consumer that is subject to a recall, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair and Equal House Voting Rights Act of 2007''. SEC. 2. FINDINGS. Congress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of ``one person, one vote'' and ``government by the consent of the governed''. SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of single district of columbia member in reapportionment of members among states.--Section 22 of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection: ``(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.''. (2) Clarification of determination of number of presidential electors on basis of 23rd amendment.--Section 3 of title 3, United States Code, is amended by striking ``come into office;'' and inserting the following: ``come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);''. SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Tenth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 3(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Tenth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census. (c) Transmittal of Revised Apportionment Information by President.-- (1) Statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act. (2) Report by clerk.--Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section. SEC. 5. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act is declared or held invalid or unenforceable, the remaining provisions of this Act or any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law. SEC. 6. EFFECTIVE DATE; TIMING OF ELECTIONS. (a) In General.--The general election for the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under section 4(c) is entitled for the One Hundred Tenth Congress and the general election for the Representative from the District of Columbia for the One Hundred Tenth Congress shall be subject to the following requirements: (1) Neither election may occur unless the Governor of that State has signed into law a redistricting plan on December 5, 2006, which-- (A) revises the boundaries of the Congressional districts in the State to take into account the additional Representative to which the State is entitled under section 4(c)(2); and (B) remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010. (2) The additional Representative from that State and the other Representatives from that State will be elected pursuant to the redistricting plan enacted by the State in accordance with paragraph (1). (3) The additional Representative from that State, the other Representatives from that State, and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date. (b) Rule of Construction.--Nothing in subsection (a)(3) shall be construed to affect the status of any individual who is eligible to be sworn in and seated as a Member of the House of Representatives on the first day of the One Hundred Tenth Congress on the basis of winning the November 2006 general election for that office.

District of Columbia Fair and Equal House Voting Rights Act of 2007 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 437 Members. Provides for a reapportionment of Members resulting from such increase. Requires the: (1) President to submit to Congress a revised version of the most recent statement of such apportionment; and (2) Clerk of the House, upon receipt of such revision, to send to the executive of each state a certificate of the number of Representatives to which such state is entitled and to identify to the Speaker of the House the state (other than the District) which is entitled to one additional Representative. Subjects the general elections for such additional Representatives to specified requirements.

{"src": "billsum_train", "title": "To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Future Farmers of America Commemorative Coin Act of 2009''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Future Farmers of America Organization makes a positive difference in the lives of students by developing their potential for leadership, personal growth, and career success through agricultural education; (2) the National Future Farmers of America Organization was founded in 1928, as the ``Future Farmers of America'', to provide leadership training for high school students of vocational agriculture; (3) the National Future Farmers of America Organization created a national agricultural education model for use in public school systems that has been adopted by youth leadership organizations throughout the world; (4) the National Future Farmers of America Organization prepares its student members to think critically, work in teams, and be successful in more than 300 careers relating to the science, business, and technology of agriculture; (5) approximately 9,000,000 living former members of the National Future Farmers of America Organization are prominent industry executives, members of Congress, community members, farmers, and productive United States citizens; (6) in 2009, the National Future Farmers of America Organization had 507,763 members in more than 7,400 local chapters in all 50 States, Puerto Rico, and the United States Virgin Islands; (7) the Future Farmers of America was chartered by Congress in 1950, and continues to be an intra-curricular educational organization within public school systems throughout the United States; and (8) October 2012 will mark the beginning of a year of celebration in honor of the 85th anniversary of the founding of the National Future Farmers of America Organization, which took place at the first national convention of the National Future Farmers of America Organization. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the National Future Farmers of America Organization and the 85th anniversary of the National Future Farmers of America Organization, the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue-- (1) not more than 100,000 gold coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy; and (2) not more than 500,000 silver coins, which shall-- (A) weigh 26.7 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 85-year history of the National Future Farmers of America Organization. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''; and (C) an inscription of the year 2012. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the National Future Farmers of America Organization and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of Issuance.--The Secretary may issue coins under this Act only for the 1-year period beginning on January 1, 2012. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and minting the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $25 per gold coin and $10 per silver coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the Secretary shall pay all of the surcharges received by the Secretary from the sale of coins minted under this Act to the National Future Farmers of America Foundation in Indianapolis, Indiana, for the creation of an endowment to enhance and expand programs that encourage the development of leadership skills, personal growth, and career success through agricultural education and the Future Farmers of America. (c) Audits.--The Comptroller General of the United States is authorized to examine such books, records, documents, and other data of the organization described in subsection (b) as may be related to the expenditures of amounts paid under subsection (b).

National Future Farmers of America Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue gold and silver coins in commemoration of the National Future Farmers of America Organization and the 85th anniversary of such Organization. Authorizes the issuance of coins under this Act only for a one year period, beginning on January 1, 2012. Requires all sales of coins minted under this Act to include a surcharge of $25 per gold coin and $10 per silver coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Future Farmers of America Foundation in Indianapolis, Indiana, for the creation of an endowment to enhance and expand programs that encourage the development of leadership skills, personal growth, and career success through agricultural education and the Future Farmers of America.

{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the National Future Farmers of America Organization and the 85th anniversary of the founding of the National Future Farmers of America Organization."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Working Families Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) every industrialized country in the world except the United States guarantees the fundamental right to health care to all its citizens; (2) 45,000,000 Americans are without health insurance coverage; (3) the number of uninsured Americans is growing every year; (4) the vast majority of uninsured Americans are workers or dependents of workers; (5) for more than half a century, Congress has enacted laws to ensure that work is appropriately rewarded, including laws establishing a minimum wage and a 40 hour work week, laws ensuring safe and healthy working conditions, and laws requiring employers to contribute to the cost of retirement security through Social Security and medicare; and (6) it is time to enact requirements guaranteeing that jobs carry with them affordable, adequate health insurance benefits. SEC. 3. HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new title: ``TITLE II--HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES ``SEC. 201. HEALTH BENEFITS. ``(a) Offer to Enroll.-- ``(1) In general.--Each large employer, in accordance with this title, shall offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the family of the employee. ``(2) Qualifying health benefit plan.--For purposes of this title, the term `qualifying health benefit plan' means a plan that provides benefits for health care items and services that are actuarily equivalent or greater in value than the benefits offered as of January 1, 2006, under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code, and that meets the requirements of title XXVII of the Public Health Service Act applicable to the plan. ``(b) Contribution and Withholding.-- ``(1) In general.--Each large employer, in accordance with this title, shall-- ``(A) contribute to the cost of any qualifying health benefit plan offered to its employees under subsection (a); and ``(B) withhold from the wages of an employee, the employee share of the premium assessed for coverage under the qualifying health benefit plan. ``(2) Required contribution.--Except as provided in paragraphs (3) and (4), the portion of the total premium to be paid by a large employer under paragraph (1)(A) shall not be less than the portion of the total premium that the Federal Government contributes under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. ``(3) Part-time employees.--With respect to an employee who works less than 30 hours per week, the employer contribution required under paragraph (2) shall be equal to the product of-- ``(A) the contribution required under paragraph (2); and ``(B) the ratio of number of hours worked by the employee in a typical week to 30 hours. ``(4) Limitation.--No employer contribution shall be required under this subsection with respect to an employee who works less than 10 hours per week. ``(c) Employee Obligation Under Certain Programs.-- ``(1) In general.--With respect to an employee covered under a Federal health insurance program (as defined in paragraph (3)), such employee shall accept an offer of health insurance coverage under subsection (a) and agree to the appropriate payroll withholdings under subsection (b)(1)(B) for such coverage or provide for the payment of the employee share of premiums under paragraph (2), except that this subsection shall not apply-- ``(A) with respect to an employee who is otherwise covered under an employment-based qualified health benefit plan; or ``(B) with respect to the coverage of a family member of an employee if the employee does not elect coverage for such family member and the family member is otherwise covered under an employment-based qualified health benefit plan. ``(2) Payment of premiums.--At the request of an employee to which paragraph (1) applies, the relevant Federal administrator of the Federal health insurance program involved shall provide for the payment of the employee share of the premium assessed for coverage under the qualifying health benefit plan involved. For purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the requirement of this paragraph shall be deemed to be a requirement under the appropriate State plan under such title XIX. ``(3) Federal health insurance program.--As used in this subsection, the term `Federal health insurance program' means-- ``(A) the medicare or medicaid program under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 or 1396 et seq.); ``(B) the Federal employee health benefit program under chapter 89 of title V, United States Code; or ``(C) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), as defined in section 1073(4) of title 10, United States Code. ``(d) Large Employers.-- ``(1) In general.--The provisions of this title shall only apply to large employers. ``(2) Definition.-- ``(A) In general.--As used in paragraph (1), the term `large employer' means, with respect to a calendar year and plan year, an employer that employed an average of at least 50 full-time employees on business days during the preceding calendar year and who employs not less than 50 employees on the first day of the plan year. ``(B) Exception.--The provisions of this title shall apply with respect to an employer that is not a large employer under subparagraph (A) if the majority of the services performed by such employer consist of services performed on behalf of a single large employer. ``(3) Contract workers.--For purposes of this title, a contract worker of an employer shall be considered to be an employee of the employer. ``SEC. 202. REQUIREMENTS RELATING TO TIMING OF COVERAGE AND WITHHOLDING. ``(a) Date of Initial Coverage.--In the case of an employee enrolled under a qualifying health benefit plan provided by a large employer, the coverage under the plan must begin not later than 30 days after the day on which the employee first performs an hour of service as an employee of that employer. ``(b) Withholding Permitted.--No provision of State law shall prevent an employer of an employee enrolled under a qualifying health benefit plan established under this title from withholding the amount of any premium due by the employee from the payroll of the employee. ``SEC. 203. ENFORCEMENT. ``(a) Civil Money Penalty Against Private Employers.--The provisions of section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132)-- ``(1) relating to the commencement of civil actions by the Secretary under subsection (a) of such section; ``(2) relating to civil money penalties under subsection (c)(2) of such section; and ``(3) relating to the procedures for assessing, collecting and the judicial review of such civil money penalties; shall apply with respect to any large employer that does not comply with this title. ``(b) Injunctive Relief.--The provisions of section 17 shall apply with respect to violations of this title. ``SEC. 204. PREEMPTION. ``Nothing in this title shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements relating to employer provided health insurance coverage unless such standards and requirements prevent the application of the requirements of this title. ``SEC. 205. DEFINITION AND EFFECTIVE DATE. ``(a) Definition.--In this title the terms `family' and `family member' mean, with respect to an employee, the spouse and children (including adopted children) of the employee. ``(b) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), this title shall apply with respect to employers on January 1, 2006. ``(2) Collective bargaining agreements.--This title shall apply with respect to employees covered under a collective bargaining agreement on the first day of the first plan year beginning after the date of enactment of this Act, or January 1, 2006, whichever occurs later.''. (b) Conforming Amendments.-- (1) The Fair Labor Standards Act of 1938 is amended by striking out the first section and inserting in lieu thereof the following: ``SEC. 1. SHORT TITLE. ``This Act may be cited as the `Fair Labor Standards Act of 1938'. ``TITLE I--WAGES AND HOURS''. (2) The Fair Labor Standards Act of 1938 is amended by striking out ``this Act'' each place it occurs and inserting in lieu thereof ``this title''. (3) Section 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. 217) is amended by inserting ``or violations of title II'' before the period. SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. REQUIREMENT FOR HEALTH INSURANCE COVERAGE. ``A health insurance issuer (as defined in section 2791(a)) that offers health insurance coverage (as defined in section 2791(a)) to an employer on behalf of the employees of such employer shall ensure that such coverage complies with the requirements of title II of the Fair Labor Standards Act of 1938.''.

Health Care for Working Families Act of 2005 - Amends the Fair Labor Standards Act of 1938 (FLSA) to require each large employer to: (1) offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the employee's family; (2) contribute to the cost of such a plan; and (3) withhold the employee's share of the plan premium from the employee's wages. Defines a qualifying health benefit plan as one that: (1) provides benefits for health care items and services actuarially equivalent to or greater in value than those offered as of January 1, 2006, under the Blue Cross/Blue Shield (BCBS) Standard Plan provided under the Federal Employees Health Benefit Program (FEHBP); and (2) meets health insurance coverage requirements under the Public Health Service Act. Sets the minimum required contribution by an employer at the same portion of the total premium as the federal government pays for the BCBS Standard Plan under FEHBP. Requires any employee covered under a federal health insurance program to accept an employer's offer of health insurance coverage and agree to payroll withholdings. Requires the relevant federal administrator of such a program to provide for the payment of the employee's share of the premium upon the employee's request. Amends the Public Health Service Act to require a health insurance issuer that offers employee health insurance coverage to an employer to ensure that it complies with requirements of this Act.

{"src": "billsum_train", "title": "To provide health benefits for workers and their families."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Denying Firearms and Explosives to Dangerous Terrorists Act of 2007''. SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS. (a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists.--Chapter 44 of title 18, United States Code, is amended-- (1) by inserting the following new section after section 922: ``Sec. 922A. Attorney General's discretion to deny transfer of a firearm ``The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.''; (2) by inserting the following new section after section 922A: ``Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3) ``The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.''; and (3) in section 921(a), by adding at the end the following: ``(36) The term `terrorism' means `international terrorism' as defined in section 2331(1), and `domestic terrorism' as defined in section 2331(5). ``(37) The term `material support' means `material support or resources' within the meaning of section 2339A or 2339B. ``(38) The term `responsible person' means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.''. (b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (nics) on Firearms Permits.--Section 922(t) of such title is amended-- (1) in paragraph (1)(B)(ii), by inserting ``or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A'' before the semicolon; (2) in paragraph (2), by inserting after ``or State law'' the following: ``or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A''; (3) in paragraph (3)(A)(i)-- (A) by striking ``and'' at the end of subclause (I); and (B) by adding at the end the following: ``(III) was issued after a check of the system established pursuant to paragraph (1);''; (4) in paragraph (3)(A)-- (A) by adding ``and'' at the end of clause (ii); and (B) by adding after and below the end the following: ``(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;''; (5) in paragraph (4), by inserting after ``or State law,'' the following: ``or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,''; and (6) in paragraph (5), by inserting after ``or State law,'' the following: ``or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,''. (c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial.--Section 922(d) of such title is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; (3) by inserting after paragraph (9) the following: ``(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.''. (d) Attorney General Discretionary Denial as Prohibitor.--Section 922(g) of such title is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting; ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) who has received actual notice of the Attorney General's determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.''. (e) Attorney General Discretionary Denial of Federal Firearms Licenses.--Section 923(d)(1) of such title is amended-- (1) by striking ``Any'' and inserting ``Except as provided in subparagraph (H), any''; (2) in subparagraph (F)(iii), by striking ``and'' at the end; (3) in subparagraph (G) by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.''. (f) Discretionary Revocation of Federal Firearms Licenses.--Section 923(e) of such title is amended-- (1) in the 1st sentence-- (A) by inserting after ``revoke'' the following: ``--(1)''; and (B) by striking the period and inserting a semicolon; (2) in the 2nd sentence-- (A) by striking ``The Attorney General may, after notice and opportunity for hearing, revoke'' and insert ``(2)''; and (B) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.''. (g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit.--Section 923(f) of such title is amended-- (1) in the 1st sentence of paragraph (1), by inserting ``, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security'' before the period; and (2) in paragraph (3), by inserting after the 3rd sentence the following: ``With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.''. (h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits.--Section 925(c) of such title is amended by inserting after the 3rd sentence the following: ``If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.''. (i) Penalties.--Section 924(k) of such title is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) in paragraph (3), by striking ``, or'' and inserting ``; or''; and (3) by inserting after paragraph (3) the following: ``(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or''. (j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption.--Section 925A of such title is amended-- (1) in the section heading, by striking ``Remedy for erroneous denial of firearm'' and inserting ``Remedies''; (2) by striking ``Any person denied a firearm pursuant to subsection (s) or (t) of section 922'' and inserting the following: ``(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,''; and (3) by adding after and below the end the following: ``(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General's determination on a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B.''. (k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System.--Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended-- (1) in subsection (f)-- (A) by inserting after ``is ineligible to receive a firearm,'' the following: ``or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code''; and (B) by inserting after ``the system shall provide such reasons to the individual,'' the following: ``except for any information the disclosure of which the Attorney General has determined would likely compromise national security''; and (2) in subsection (g)-- (A) in the 1st sentence, by inserting after ``subsection (g) or (n) of section 922 of title 18, United States Code or State law'' the following: ``or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,''; (B) by inserting ``, except any information the disclosure of which the Attorney General has determined would likely compromise national security'' before the period; and (C) by adding at the end the following: ``Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.''. (l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial.--Section 842(d) of such title is amended-- (1) by striking the period at the end of paragraph (9) and inserting ``; or''; and (2) by adding at the end the following: ``(10) has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2) of this title.''. (m) Attorney General Discretionary Denial as Prohibitor.--Section 842(i) of such title is amended-- (1) by adding ``or'' at the end of paragraph (7); and (2) by inserting after paragraph (7) the following: ``(8) who has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2),''. (n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits.--Section 843(b) of such title is amended-- (1) by striking ``Upon'' and inserting the following: ``Except as provided in paragraph (8), on''; and (2) by inserting after paragraph (7) the following: ``(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.''. (o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits.--Section 843(d) of such title is amended-- (1) by inserting ``(1)'' in the first sentence after ``if''; and (2) by striking the period at the end of the first sentence and inserting the following: ``; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.''. (p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits.--Section 843(e) of such title is amended-- (1) in the 1st sentence of paragraph (1), by inserting ``except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security'' before the period; and (2) in paragraph (2), by adding at the end the following: ``In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.''. (q) Ability To Withhold Information in Communications to Employers.--Section 843(h)(2) of such title is amended-- (1) in subparagraph (A), by inserting ``or section 843(b)(1) (on grounds of terrorism) of this title,'' after ``section 842(i),''; and (2) in subparagraph (B)-- (A) by inserting ``or section 843(b)(8)'' after ``section 842(i)''; and (B) in clause (ii), by inserting ``, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security'' before the semicolon. (r) Conforming Amendment to Immigration and Nationality Act.-- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii) is amended by striking `` or (5)'' and inserting ``(5), or (10)''.

Denying Firearms and Explosives to Dangerous Terrorists Act of 2007 - Amends the federal criminal code to grant the Attorney General the authority to deny the transfer of firearms or the issuance of a federal firearms and explosives license to any individual if the Attorney General: (1) determines that such individual has been engaged in or has provided material support or resources for terrorist activities; and (2) has a reasonable belief that such individual may use a firearm or explosive in connection with terrorism. Allows any individual whose firearm or explosives license application has been been denied to bring legal action challenging the denial. Prohibits the sale or disribution of firearms or explosives to any individual whom the Attorney General has determined to be engaged in terrorist activities. Permits the Attorney General to withhold information in firearms and explosives license denial revocation suits if the Attorney General determines that the disclosure of such information would likely compromise national security Authorizes the Attorney General to revoke firearms and explosives licenses and permits held by individuals determined to be engaged in terrorism.

{"src": "billsum_train", "title": "To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``ERISA Audit Improvement Act of 1994''. SEC. 2. REPEAL OF LIMITED SCOPE AUDIT. (a) In General.--Section 103(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (b) Conforming Amendment.--Section 104(a)(5)(A) of such Act (29 U.S.C. 1024(a)(5)(D)) is amended by striking ``section 103(a)(3)(D)'' and inserting ``section 103(a)(3)(C)''. (c) Effective Date.--The amendments made by this section shall apply with respect to opinions required under section 103(a)(3)(A) of the Employee Retirement Income Security Act of 1974 for plan years beginning on or after January 1 of the calendar year following the date of the enactment of this Act. SEC. 3. EXTERNAL QUALITY CONTROL REVIEW REQUIREMENT FOR QUALIFIED PUBLIC ACCOUNTANTS. (a) In General.--Section 103(a)(3)(C) of the Employee Retirement Income Security Act of 1974 (as redesignated by section 2) is amended-- (1) by striking ``means'' and inserting ``means, with respect to any engagement of an accountant under subparagraph (A)''; (2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively; (3) by inserting ``(i)'' after ``(C)''; (4) in subclause (III) (as redesignated), by striking the period and inserting a comma; (5) by adding after and below such subclause (III) the following: ``if such person meets the requirements of clause (ii) with respect to such engagement.''; and (6) by adding at the end the following new clauses: ``(ii) A person meets the requirements of this clause with respect to an engagement of such person as an accountant under subparagraph (A) if such person-- ``(I) has in operation an appropriate internal quality control system, and ``(II) has undergone a qualified external quality control review of the person's accounting and auditing practices, including such practices relevant to employee benefit plans (if any), during the 3-year period immediately preceding such engagement. ``(iii) For purposes of clause (ii)(II), an external quality control review shall be treated as `qualified' with respect to a person referred to in clause (ii) if-- ``(I) such review is performed in accordance with the requirements of external quality control review programs of recognized auditing standard-setting bodies, as determined by the Comptroller General of the United States or in regulations of the Secretary, and ``(II) in the case of any such person who has conducted one or more previous audits of employee benefit plans, such review includes the review of an appropriate number (determined as shall be provided in such regulations but in no case less than one) of plan audits in relation to the scale of such person's auditing practice.''. (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date which is 3 years after the date of the enactment of this Act. SEC. 4. REQUIREMENT FOR REPORTING OF CERTAIN EVENTS. (a) In General.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended-- (1) by redesignating section 111 as section 112; and (2) by inserting after section 110 the following new section: ``direct reporting of certain events ``Sec. 111. (a) Required Notifications.-- ``(1) Notifications by plan administrator.--In the case of an administrator of an employee benefit plan, within 5 business days after the administrator first has reason to believe (or after the administrator is notified under paragraph (2)) that an irregularity may have occurred with respect to the plan, the administrator shall-- ``(A) notify the Secretary of the irregularity in writing; and ``(B) furnish a copy of such notification to the accountant who is currently engaged under section 103(a)(3)(A). ``(2) Notifications by accountant.-- ``(A) In general.--In the case of an accountant engaged by the administrator of an employee benefit plan under section 103(a)(3)(A), within 5 business days after the accountant first has reason to believe in connection with such engagement that an irregularity may have occurred with respect to the plan, the accountant shall-- ``(i) notify the plan administrator of the irregularity in writing, or ``(ii) if the accountant has reason to believe that the irregularity may have involved an individual who is the plan administrator or who is a senior official of the plan administrator, notify the Secretary of the irregularity in writing. ``(B) Notification upon failure of plan administator to notify.--In any case in which an accountant who has provided notification to the plan administrator pursuant to subparagraph (A)(i) with respect to any irregularity has not received a copy of the administrator's notification to the Secretary with respect to such irregularity within the 5-business-day period specified under paragraph (1)(B), the accountant shall furnish to the Secretary a copy of the accountant's notification made to the plan administrator within the next business day following such 5-business-day period. ``(3) Irregularity defined.--For purposes of this subsection, the term `irregularity' means an indication of-- ``(A) theft, embezzlement, or a violation of section 664 of title 18, United States Code (relating to theft or embezzlement from employee benefit plan), ``(B) extortion or a violation of section 1951 of such title 18 (relating to interference with commerce by threats or violence), ``(C) bribery, a kickback, or a violation of section 1954 of such title 18 (relating to offer, acceptance, or solicitation to influence operations of employee benefit plan), ``(D) a violation of section 411, 501, or 511 of this title (relating to criminal violations), or ``(E) any intentional misstatement or omission of an amount or disclosure in a financial statement, accounting record, or supporting document undertaken to mislead, except that such term shall not include any act or omission described in this paragraph involving less than $1,000 unless there is reason to believe that the act or omission may bear on the integrity of plan management. ``(b) Notification Upon Termination of Engagement of Accountant.-- ``(1) Notification by plan administrator.--Within 5 business days after the termination of an engagement for auditing services under section 103(a)(3)(A) with respect to an employee benefit plan, the administrator of such plan shall-- ``(A) notify the Secretary in writing of such termination, giving the reasons for such termination, and ``(B) furnish the accountant whose engagement was terminated with a copy of the notification sent to the Secretary. ``(2) Notification by accountant.--If the accountant referred to in paragraph (1)(B) has not received a copy of the administrator's notification to the Secretary as required under paragraph (1)(B), or if the accountant disagrees with the reasons given in the notification of termination of the engagement for auditing services, the accountant shall notify the Secretary in writing of the termination, giving the reasons for the termination, within 10 business days after the termination of the engagement. ``(c) Determination of Periods Required for Notification.--In determining whether a notification required under this section with respect to any act or omission has been made within the required number of business days-- ``(1) the day on which such act or omission begins shall not be included; and ``(2) Saturdays, Sundays, and legal holidays shall not be included. For purposes of this subsection, the term `legal holidays' means the Federal legal holidays of New Year's Day, Birthday of Martin Luther King, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the State in which the person responsible for making the notification principally conducts his business. ``(d) Immunity for Good Faith Notification.--Except as provided in this Act, no accountant shall be liable to any person for any finding, conclusion, or statement made in any notification made pursuant to subsections (a)(2) or (b)(2), or pursuant to any regulations issued thereunder, if such finding, conclusion, or statement is made in good faith.''. (b) Civil Penalty.-- (1) In general.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended by adding at the end the following new paragraph: ``(5) The Secretary may assess a civil penalty of up to $100,000 against any administrator and against any accountant who fails to provide the Secretary with any notification as required under section 111.''. (2) Conforming amendment.--Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking ``subsection (c)(2) or (i) or (l)'' and inserting ``paragraph (2), (3), (4), or (5) of subsection (c) or subsection (i) or (l)''. (c) Clerical Amendments.-- (1) Section 514(d) of such Act (29 U.S.C. 1144(d)) is amended by striking ``111'' and inserting ``112''. (2) The table of contents in section 1 of such Act is amended by striking the item relating to section 111 and inserting the following new items: ``Sec. 111. Direct reporting of certain events. ``Sec. 112. Repeal and effective date.''. (d) Effective Date.--The amendments made by this section shall apply with respect to any irregularity described in such amendments only if the 5-day-period described in such amendments in connection with such irregularity commences on or after the date of the enactment of this Act.

ERISA Audit Improvement Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to auditing of employee benefit plans. Eliminates provisions which allow certain limited scope audits by banks, similar institutions, or insurance carriers to fulfill the requirement for an audit by an independent public accountant as part of an employee benefit plan's annual report. Requires external quality control review of qualified public accountants for such ERISA audits. Requires notifications of certain events by plan administrators and accountants. Authorizes assessment of a civil penalty against any plan administrator or accountant who fails to provide the Secretary of Labor with any such required notification.

{"src": "billsum_train", "title": "ERISA Audit Improvement Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Intellectual Rights Against Theft and Expropriation Act of 2004''. SEC. 2. AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY ATTORNEY GENERAL. (a) In General.--Chapter 5 of title 17, United States Code, is amended by inserting after section 506 the following: ``Sec. 506a. Civil penalties for violations of section 506 ``(a) In General.--The Attorney General may commence a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 506. Upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty under section 504 which shall be in an amount equal to the amount which would be awarded under section 3663(a)(1)(B) of title 18 and restitution to the copyright owner aggrieved by the conduct. ``(b) Other Remedies.-- ``(1) In general.--Imposition of a civil penalty under this section does not preclude any other criminal or civil statutory, injunctive, common law or administrative remedy, which is available by law to the United States or any other person; ``(2) Offset.--Any restitution received by a copyright owner as a result of a civil action brought under this section shall be offset against any award of damages in a subsequent copyright infringement civil action by that copyright owner for the conduct that gave rise to the civil action brought under this section.''. (b) Damages and Profits.--Section 504 of title 17, United States Code, is amended-- (1) in subsection (b)-- (A) in the first sentence-- (i) by inserting ``, or the Attorney General in a civil action,'' after ``The copyright owner''; and (ii) by striking ``him or her'' and inserting ``the copyright owner''; and (B) in the second sentence by inserting ``, or the Attorney General in a civil action,'' after ``the copyright owner''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``, or the Attorney General in a civil action,'' after ``the copyright owner''; and (B) in paragraph (2), by inserting ``, or the Attorney General in a civil action,'' after ``the copyright owner''. (c) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by inserting after the item relating to section 506 the following: ``506a. Civil penalties for violation of section 506.''. SEC. 3. AUTHORIZATION OF FUNDING FOR TRAINING AND PILOT PROGRAM. (a) Training and Pilot Program.--Not later than 180 days after enactment of this Act, the Attorney General shall develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws by-- (1) establishing training programs, including practical training and written materials, for qualified personnel from the Department of Justice and United States Attorneys Offices to educate and inform such personnel about-- (A) resource information on intellectual property and the legal framework established both to protect and encourage creative works as well as legitimate uses of information and rights under the first amendment of the United States Constitution; (B) the technological challenges to protecting digital copyrighted works from online piracy; (C) guidance on and support for bringing copyright enforcement actions against persons engaging in infringing conduct, including model charging documents and related litigation materials; (D) strategic issues in copyright enforcement actions, including whether to proceed in a criminal or a civil action; (E) how to employ and leverage the expertise of technical experts in computer forensics; (F) the collection and preservation of electronic data in a forensically sound manner for use in court proceedings; (G) the role of the victim copyright owner in providing relevant information for enforcement actions and in the computation of damages; and (H) the appropriate use of injunctions, impoundment, forfeiture, and related authorities in copyright law; (2) designating personnel from at least 4 United States Attorneys Offices to participate in a pilot program designed to implement the civil enforcement authority of the Attorney General under section 506a of title 17, United States Code, as added by this Act; and (3) reporting to Congress annually on-- (A) the use of the civil enforcement authority of the Attorney General under section 506a of title 17, United States Code, as added by this Act; and (B) the progress made in implementing the training and pilot programs described under paragraphs (1) and (2) of this subsection. (b) Annual Report.--The report under subsection (a)(3) may be included in the annual performance report of the Department of Justice and shall include-- (1) with respect to civil actions filed under section 506a of title 17, United States Code, as added by this Act-- (A) the number of investigative matters received by the Department of Justice and United States Attorneys Offices; (B) the number of defendants involved in those matters; (C) the number of civil actions filed and the number of defendants involved; (D) the number of civil actions resolved or terminated; (E) the number of defendants involved in those civil actions; (F) the disposition of those civil actions, including whether the civil actions were settled, dismissed, or resolved after a trial; (G) the dollar value of any civil penalty imposed and the amount remitted to any copyright owner; and (H) other information that the Attorney General may consider relevant to inform Congress on the effective use of the civil enforcement authority; (2) a description of the training program and the number of personnel who participated in the program; and (3) the locations of the United States Attorneys Offices designated to participate in the pilot program. (c) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for fiscal year 2005 to carry out this section. Passed the Senate June 25, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 - Amends Federal copyright law to authorize the Attorney General (AG) to: (1) commence a civil action against any person who engages in conduct constituting copyright infringement; (2) collect damages and profits resulting from such infringement; and (3) collect statutory damages. Directs the AG to: (1) develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws, including training programs for qualified personnel from the Department of Justice and U.S. Attorneys Offices; and (2) report annually to Congress on the use of such enforcement authority and progress made in implementing the training programs. Authorizes appropriations for FY 2005.

{"src": "billsum_train", "title": "A bill to amend chapter 5 of title 17, United States Code, to authorize civil copyright enforcement by the Attorney General, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Inspector General for Hurricane Katrina Recovery Act''. SEC. 2. SPECIAL INSPECTOR GENERAL FOR HURRICANE KATRINA RECOVERY. (a) Purposes.--The purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations relating to the Federal programs and Federal operations of Hurricane Katrina recovery. (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to-- (A) promote economic efficiency and effectiveness in the administration of such programs and operations; and (B) prevent and detect waste, fraud, and abuse in such programs and operations. (3) To provide for an independent and objective means of keeping the Secretary of Homeland Security and all other Federal departments and agencies involved in Hurricane Katrina recovery fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress for corrective action. (b) Office of Inspector General.--There is hereby established the Office of the Special Inspector General for Hurricane Katrina Recovery. (c) Appointment of Inspector General; Removal.-- (1) The head of the Office of the Special Inspector General for Hurricane Katrina Recovery is the Special Inspector General for Hurricane Katrina Recovery (in this section referred to as the ``Special Inspector General''), who shall be appointed by the Secretary of Homeland Security, in consultation with the Secretary of Defense. (2) The appointment of Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) The appointment of an individual as Special Inspector General shall be made not later than 3 days after the date of the enactment of this Act. (4) The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Assistant Inspectors General.--The Special Inspector General shall, in accordance with applicable laws and regulations governing the civil service-- (1) appoint an Assistant Special Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to Federal programs and operations of Hurricane Katrina recovery; and (2) appoint an Assistant Special Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. (e) Supervision.-- (1) Except as provided in paragraph (2), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of Homeland Security and the Secretary of Defense. (2) No officer of the Department of Homeland Security nor any other officer of the Federal Government shall prevent or prohibit the Special Inspector General from initiating, carrying out, or completing any audit or investigation related to Hurricane Katrina recovery activities, or from issuing any subpoena during the course of any audit or investigation. (f) Duties.-- (1) It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for Hurricane Katrina recovery by the Federal Government, and of the programs, operations, and contracts carried out utilizing such funds, including-- (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of reconstruction activities funded by such funds; (C) the monitoring and review of contracts funded by such funds; (D) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States, and private and nongovernmental entities; and (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. (2) The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duty under paragraph (1). (3) In addition to the duties specified in paragraphs (1) and (2), the Special Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978. (4) In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall coordinate with, and receive the cooperation of, the Inspectors General of all other Federal departments and agencies. (5) The Special Inspector General shall, within 10 days after the date of the appointment of the Special Inspector General, complete the following: (A) Open a 24-hour fraud, waste, and abuse hotline. (B) Deploy auditors and investigators to the Gulf of Mexico Region of the United States. (C) Announce a strategic plan for oversight, including audits of no-bid contracts. (D) Go to the Gulf of Mexico Region of the United States media with antifraud message. (E) Liaise with Hurricane Katrina recovery Federal agencies to identify vulnerabilities. (F) Coordinate interagency oversight elements through creation of a task force. (g) Powers and Authorities.-- (1) In carrying out the duties specified in subsection (f), the Special Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978, including the authorities under subsection (e) of such section. (2) The Special Inspector General shall carry out the duties specified in subsection (f)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (h) Personnel, Facilities, and Other Resources.-- (1) The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (2) The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-15 of the General Schedule by section 5332 of such title. (3) To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4)(A) Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of Homeland Security or the Secretary of Defense, as appropriate, and to the appropriate committees of Congress without delay. (5) The Secretary of Homeland Security or the Secretary of Defense, as appropriate, shall provide the Special Inspector General with appropriate and adequate office space at the central and field office locations of the Department of Homeland Security, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. (i) Reports.-- (1) Not later than 30 days after the end of each fiscal year quarter, beginning with the quarter following the quarter in which the Special Inspector General is appointed, the Special Inspector General shall submit to the appropriate committees of Congress a report summarizing for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the Federal Government. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with recovery activities for Hurricane Katrina, including the following: (A) Obligations and expenditures of appropriated funds. (B) Accounting of the costs incurred to date for Hurricane Katrina recovery, together with the estimate of the Federal Government's costs to complete each project and each program. (C) Operating expenses of any Federal departments, agencies, or entities receiving appropriated funds for Hurricane Katrina recovery activities. (D) In the case of any contract described in paragraph (2)-- (i) the amount of the contract or other agreement; (ii) a brief discussion of the scope of the contract or other agreement; (iii) a discussion of how the contracting department or agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (2) A contract described in this paragraph is any major contract or other agreement that is entered into by any department or agency of the United States Government that involves the use of amounts appropriated or otherwise made available for Hurricane Katrina recovery with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure. (B) To establish or reestablish a political or societal institution. (C) To provide products or services to the people. (3) Not later than 14 days after the appointment of the Special Inspector General, and every 30 days thereafter until the submission of the first quarterly report described in paragraph (1), the Special Inspector General shall submit to the appropriate committees of Congress an interim report summarizing for the period from the date of appointment of the Special Inspector General in the case of the first interim report and from the date of the previous interim report for subsequent interim reports the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the Federal Government. Each interim report shall include but not be limited to the following for the period covered by the interim report: (A) The state of the Office of the Special Inspector General for Hurricane Katrina Recovery. (B) The status of auditors and investigators deployed to the Gulf of Mexico Region of the United States. (C) Strategic plan for oversight, including audits of no bid contracts. (D) Vulnerabilities identified and immediate actions to address them. (E) Measures taken to coordinate interagency oversight elements. (4) Not later than March 31, 2006, and semiannually thereafter, the Special Inspector General shall submit to the appropriate committees of Congress a report meeting the requirements of section 5 of the Inspector General Act of 1978. (5) The Special Inspector General shall publish each report under this subsection on the Internet website of the Secretary of Homeland Security and the Secretary of Defense. (6) Nothing in this subsection shall be construed to authorize the public disclosure of information that is-- (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) Report Coordination.-- (1) The Special Inspector General shall also submit each report under subsection (i) to the Secretary of Homeland Security and the Secretary of Defense. (2) Not later than 7 days after receipt of a report under paragraph (1), the Secretary of Homeland Security or the Secretary of Defense, respectively, may submit to the appropriate committees of Congress any comments on the matters covered by the report as the Secretary of Homeland Security or the Secretary of Defense, as the case may be, considers appropriate. (k) Transparency.-- (1) Not later than 30 days after the date of the submittal to Congress of a report under subsection (i), the Secretary of Homeland Security and the Secretary of Defense shall jointly make copies of such report available to the public upon request, and at a reasonable cost. (2) Not later than 60 days after the date of the submittal to Congress under subsection (j)(2) of comments on a report under subsection (i), the Secretary of Homeland Security and the Secretary of Defense shall jointly make copies of such comments available to the public upon request, and at a reasonable cost. (l) Waiver.-- (1) The President may waive the requirement under paragraph (1) or (3) of subsection (i) for the inclusion in a report under such paragraph of any element otherwise provided for under such paragraph if the President determines that the waiver is justified for national security reasons. (2) The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which the reports required under paragraph (1) or (3) of subsection (i) are submitted to Congress. The reports required under paragraph (1) or (3) of subsection (i) shall specify whether waivers under this subsection were made and with respect to which elements. (m) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Appropriations, Armed Services, and Homeland Security and Governmental Affairs of the Senate; and (2) the Committees on Appropriations, Armed Services, Government Reform, and Homeland Security of the House of Representatives. (n) Termination.--The Office of Special Inspector General shall terminate on the date that is 10 months after the date, as determined by the Secretary of Homeland Security and the Secretary of Defense, on which 80 percent of the amounts appropriated or otherwise made available for Hurricane Katrina recovery by the Federal Government have been expended.

Special Inspector General for Hurricane Katrina Recovery Act - Establishes the Office of the Special Inspector General for Hurricane Katrina Recovery. Places at the head of such Office a Special Inspector General for Hurricane Katrina Recovery, who shall be appointed by the Secretary of Homeland Security. Provides for the Special Inspector General to report directly to the Secretaries of Homeland Security and Defense. Requires the Special Inspector General, among other specified duties, to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts made available for Hurricane Katrina recovery by the federal government, and of the programs, operations, and contracts carried out utilizing such funds. Instructs the Special Inspector General, within ten days of being appointed, to: (1) open a 24-hour fraud, waste, and abuse hotline; (2) deploy auditors and investigators to the affected Gulf of Mexico region of the United States; (3) announce a strategic plan for oversight; (4) go to the media of that region with antifraud messages; (5) liaise with Hurricane Katrina recovery federal agencies to identify vulnerabilities; and (6) coordinate interagency oversight elements through the creation of a task force. Requires the Special Inspector General to: (1) submit specified quarterly and interim reports summarizing the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the federal government; and (2) publish such reports on the websites of the Secretaries of Homeland Security and Defense.

{"src": "billsum_train", "title": "To establish an Office of Special Inspector General for Hurricane Katrina Recovery."}

SECTION 1. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO- WORK PROGRAM. (a) Hard-To-Employ Long-Term Recipients.--Section 403(a)(5)(C)(ii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(ii)) is amended-- (1) by striking ``Required beneficiaries.--'' and inserting ``Hard-to-employ recipients.--''; (2) in the matter preceding subclause (I)-- (A) by striking ``shall expend at least 70 percent of all'' and inserting ``may expend''; and (B) by striking ``, or for the benefit of noncustodial parents,''; (3) in the matter preceding item (aa) of subclause (I)-- (A) by striking ``At least 2'' and inserting ``Any''; (B) by striking ``apply'' and inserting ``applies''; and (C) by striking ``or the noncustodial parent''; (4) in item (aa) of subclause (I), by striking ``, and has low skills in reading or mathematics''; (5) by adding at the end of subclause (I) the following: ``(dd) The individual has English reading, writing, or computing skills at or below the 8th grade level. ``(ee) The individual is homeless. ``(ff) The individual has a disability. ``(gg) The individual has been a victim of domestic violence.''; and (6) in the matter preceding item (aa) of subclause (II), by striking ``or the minor children of the non-custodial parent''. (b) Noncustodial Parents.-- (1) In general.--Section 403(a)(5)(C) of such Act (42 U.S.C. 603(a)(5)(C)) is amended-- (A) by redesignating clauses (iii) through (viii) as clauses (iv) through (ix), respectively; and (B) by inserting after clause (ii) the following: ``(iii) Noncustodial parents.--An entity that operates a project with funds provided under this paragraph may use the funds to provide services in a form described in clause (i) to noncustodial parents with respect to whom the requirements of the following subclauses are met: ``(I) The noncustodial parent is unemployed, underemployed, or having difficulty in paying child support obligations. ``(II) At least 1 of the following applies to a minor child of the noncustodial parent (with preference in the determination of the noncustodial parents to be provided services under this paragraph to be provided by the entity to those noncustodial parents with minor children who meet, or who have custodial parents who meet, the requirements of item (aa)): ``(aa) The minor child or the custodial parent of the minor child meets the requirements of clause (ii)(II). ``(bb) The minor child is eligible for, or is receiving, benefits under the program funded under this part. ``(cc) The minor child received benefits under the program funded under this part in the 12-month period preceding the date of the determination but no longer receives such benefits. ``(dd) The minor child is eligible for, or is receiving, assistance under the Food Stamp Act of 1977, benefits under the supplemental security income program under title XVI of this Act, medical assistance under title XIX of this Act, or child health assistance under title XXI of this Act. ``(III) In the case of a noncustodial parent who becomes enrolled in the project on or after the date of the enactment of this clause, the noncustodial parent is in compliance with the terms of an oral or written personal responsibility contract entered into among the noncustodial parent, the entity, and (unless the entity demonstrates to the Secretary that the entity is not capable of coordinating with such agency) the agency responsible for administering the State plan under part D, which was developed taking into account the employment and child support status of the noncustodial parent, which was entered into not later than 30 (or, at the option of the entity, not later than 90) days after the noncustodial parent was enrolled in the project, and which, at a minimum, includes the following: ``(aa) A commitment by the noncustodial parent to cooperate, at the earliest opportunity, in the establishment of the paternity of the minor child, through voluntary acknowledgement or other procedures, and in the establishment of a child support order. ``(bb) A commitment by the noncustodial parent to cooperate in the payment of child support for the minor child, which may include a modification of an existing support order to take into account the ability of the noncustodial parent to pay such support and the participation of such parent in the project. ``(cc) A commitment by the noncustodial parent to participate in employment or related activities that will enable the noncustodial parent to make regular child support payments, and if the noncustodial parent has not attained 20 years of age, such related activities may include completion of high school, a general equivalency degree, or other education directly related to employment. ``(dd) A description of the services to be provided under this paragraph, and a commitment by the noncustodial parent to participate in such services, that are designed to assist the noncustodial parent obtain and retain employment, increase earnings, and enhance the financial and emotional contributions to the well-being of the minor child. In order to protect custodial parents and children who may be at risk of domestic violence, the preceding provisions of this subclause shall not be construed to affect any other provision of law requiring a custodial parent to cooperate in establishing the paternity of a child or establishing or enforcing a support order with respect to a child, or entitling a custodial parent to refuse, for good cause, to provide such cooperation as a condition of assistance or benefit under any program, shall not be construed to require such cooperation by the custodial parent as a condition of participation of either parent in the program authorized under this paragraph, and shall not be construed to require a custodial parent to cooperate with or participate in any activity under this clause. The entity operating a project under this clause with funds provided under this paragraph shall consult with domestic violence prevention and intervention organizations in the development of the project.''. (2) Conforming amendment.--Section 412(a)(3)(C)(ii) of such Act (42 U.S.C. 612(a)(3)(C)(ii)) is amended by striking ``(vii)'' and inserting ``(viii)''. (c) Recipients With Characteristics of Long-Term Dependency; Children Aging Out of Foster Care.-- (1) In general.--Subclause (II) of section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)(II)), as so redesignated by subsection (b)(1)(A) of this section, is amended to read as follows: ``(II) to children-- ``(aa) who have attained 18 years of age but not 25 years of age; and ``(bb) who, before attaining 18 years of age, were recipients of foster care maintenance payments (as defined in section 475(4)) under part E or were in foster care under the responsibility of a State.''. (2) Conforming amendments.--Section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection (b)(1)(A) of this section, is amended-- (A) in the heading by inserting ``hard to employ'' before ``individuals''; and (B) in the last sentence by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii) and, as appropriate, clause (v)''. SEC. 2. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS ALLOWABLE ACTIVITIES. Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)) is amended by inserting after subclause (VI) the following: ``(VII) Not more than 6 months of vocational educational or job training.''. SEC. 3. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES DIRECTLY. Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)(IV)) is amended by inserting ``, or if the entity is not a private industry council or workforce investment board, the direct provision of such services'' before the period. SEC. 4. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS. (a) Elimination of Current Requirements.--Section 411(a)(1)(A) of the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended-- (1) in the matter preceding clause (i), by inserting ``(except for information relating to activities carried out under section 403(a)(5))'' after ``part''; and (2) by striking clause (xviii). (b) Establishment of Reporting Requirement.--Section 403(a)(5)(C) of the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by subsections (b)(1) and (d)(1) of section 301 of this Act, is amended by adding at the end the following: ``(xi) Reporting requirements.--The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall establish requirements for the collection and maintenance of financial and participant information and the reporting of such information by entities carrying out activities under this paragraph.''. SEC. 5. MODIFICATION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR SUCCESSFUL PERFORMANCE BONUS. Section 403(a)(5)(E)(vi) of the Social Security Act (42 U.S.C. 603(a)(5)(E)(vi)) is amended by striking ``$100,000,000'' and inserting ``$35,000,000''.

Prescribes criteria for the provision of project funds to assist certain noncustodial parents to participate in employment or related activities that will enable them to make regular child support payments. Prescribes requirements for such recipients, including an oral or written personal responsibility contract containing certain conditions. Authorizes Welfare-to-Work projects to assist: (1) children between ages 18 and 25 who have received foster care maintenance payments; (2) State TANF recipients with significant barriers to self-sufficiency (as determined according to criteria of the local private industry council); and (3) custodial parents with incomes below 100 percent of the poverty line. Makes vocational educational or job training for up to six months an allowable activity. Permits certain grantees which are not private industry councils or workforce investment boards to provide Welfare-to-Work employment services directly. Repeals the requirement for quarterly State data reports on the Welfare-to-Work program. Reduces the set-aside under provisions for grants for successful performance bonuses. Reduces appropriations for FY 1999.

{"src": "billsum_train", "title": "Welfare-to-Work Amendments of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachia Opportunity Grants Act of 2018''. SEC. 2. APPALACHIA INNOVATION GRANTS. Subtitle D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.) is amended by adding at the end the following: ``SEC. 379I. APPALACHIA INNOVATION GRANTS. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a unit of local government in the region. ``(2) Region.--The term `region' means the Appalachian region (as defined in section 14102(a) of title 40, United States Code). ``(b) Grants.--The Secretary may award grants to eligible entities to convene groups of public and private entities to collaborate in carrying out regional projects to accomplish positive economic and community impacts in the region. ``(c) Collaborative Groups.-- ``(1) In general.--To be eligible to receive a grant under subsection (b), an eligible entity-- ``(A) shall convene as part of the collaborative group representatives of each of-- ``(i) a local economic development board or office in the region; ``(ii) a private company or association; and ``(iii) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) in the region; and ``(B) may convene as part of the collaborative group representatives of other entities (such as venture capital firms, nonprofit organizations, and philanthropic organizations) that the eligible entity determines are important to the goal of the regional project described in subsection (d)(2). ``(2) Referral process.-- ``(A) In general.--The Secretary may assist in the formation of a collaborative group under paragraph (1) by establishing a referral process under which a private company or association seeking to invest in a particular area in the region is matched with an eligible entity located in that area. ``(B) Database of potential investors.--In carrying out subparagraph (A), the Secretary may-- ``(i) establish and maintain a database of private companies and associations seeking to invest in the region; and ``(ii) coordinate with other Federal agencies, including the Department of Commerce, to register inquiries-- ``(I) that are made to those agencies by private companies and associations seeking to invest in the region; and ``(II) in the database described in clause (i). ``(d) Project Requirements.--A regional project carried out by a collaborative group under subsection (b) shall-- ``(1) involve not fewer than 2 municipalities that share a border; and ``(2) complete a specific activity that has as a goal-- ``(A) job creation in the region; ``(B) expansion of the capacity of post-secondary education in the region; ``(C) growth of tourism in the region; ``(D) improving public health in the region; or ``(E) upgrading regional infrastructure. ``(e) Applications.-- ``(1) In general.--An eligible entity that has convened a collaborative group described in subsection (c)(1) and identified an activity for a regional project described in subsection (d)(2) may submit to the Secretary an application that includes-- ``(A) a detailed description of-- ``(i) a timeline for the completion of the regional project; and ``(ii) the responsibilities of each member of the collaborative group in carrying out the regional project; ``(B) evidence that the collaborative group is a public-private partnership; ``(C) evidence that the collaborative group will maintain intermunicipality cooperation; ``(D) a description of the reasons that the eligible entity requires Federal funds; ``(E) evidence that the eligible entity has previously sought funding from State, local, or private programs; ``(F) a description of the source of non-Federal funds for the regional project; ``(G) a description of the positive economic or community impact (including relating to education) of the regional project; ``(H) an assessment of the assets and weaknesses of the community in which the regional project will be implemented; ``(I) a regional strategic plan that-- ``(i) takes into account the assessment described in subparagraph (H); and ``(ii) includes an analysis of the alignment of the regional project with the regional strategic plan; and ``(J) evidence, with full transparency and credibility, of minimal obstruction to the completion of the project design phase described in subsection (f)(2)(A) by not later than 1 year after the date on which the eligible entity receives the grant. ``(2) Priority.--The Secretary shall give priority to applications submitted under paragraph (1) that describe a positive, measurable economic impact. ``(f) Grant Funds.-- ``(1) Limitation on grant amount.--A grant for a regional project under subsection (b) shall be not more than $2,000,000. ``(2) Phases.--A grant under subsection (b) shall be awarded in the following 2 phases: ``(A) Project design.--An eligible entity may use 50 percent of the grant during the period beginning on the date on which the eligible entity receives the grant and ending not later than 1 year after that date to continue the planning and design of the regional project, including activities such as-- ``(i) workforce training; ``(ii) building design; ``(iii) permit approvals; and ``(iv) real estate arrangements. ``(B) Project development.--An eligible entity that completes the planning and design of the regional project under subparagraph (A) may use the remaining grant funds for the completion of the construction and implementation of the regional project. ``(3) Matching funds requirement.--An eligible entity that receives a grant under subsection (b) shall provide non-Federal funding equal to not less than 10 percent of the amount of the grant. ``(4) Reservation of grant funds.--The Secretary shall reserve 20 percent of the funds made available under subsection (h) for each fiscal year to award grants to eligible entities that convene collaborative groups that include a representative of a private company or association that is located in the region. ``(g) Review of Grant Program.-- ``(1) Government accountability office review.--The Comptroller General of the United States shall conduct a review of the implementation of this section for-- ``(A) the 2-year period beginning on the date on which the Secretary begins to accept applications for grants under this section; and ``(B) each 4-year period thereafter. ``(2) Reports to congress.--The Secretary shall submit to Congress an annual report describing-- ``(A) funding decisions under this section; ``(B) a justification for each grant awarded under this section; and ``(C) with respect to each regional project that has received a grant under this section, the extent to which-- ``(i) benchmarks for the project have been met in accordance with the timeline for the project; and ``(ii) the project may be considered an example to other municipalities desiring a grant under this section. ``(h) Funding.--Of amounts made available for the Dislocated Worker National Reserve fund under section 132(a)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172(a)(2)(A)), $100,000,000 shall be used to carry out this section for each of fiscal years 2018 through 2027.''.

Appalachia Opportunity Grants Act of 2018 This bill amends the Consolidated Farm and Rural Development Act to authorize the Department of Agriculture to award grants for units of local government in the Appalachian region of the eastern United States to convene groups of public and private entities to collaborate in carrying out regional projects to accomplish positive economic and community impacts in the region. A regional project carried out by a collaborative group must: (1) involve at least two municipalities that share a border; and (2) complete a specific activity that has a goal of job creation, expansion of the capacity of post-secondary education, growth of tourism, improving public health, or upgrading regional infrastructure.

{"src": "billsum_train", "title": "Appalachia Opportunity Grants Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO-Western Balkans Support Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The commitment of the North Atlantic Treaty Organization (NATO) to mutual defense and the territorial integrity of its members has advanced the democratic transformation of Central and Eastern Europe and significantly enhanced the security of Europe. Nowhere in Europe has the search for sustainable peace been more challenging than in the Western Balkans. NATO has the ability to encourage the countries of the Western Balkans to embrace collective security, consolidate their democratic gains, and extend their commitment to integration in Euro-Atlantic institutions. (2) NATO membership offers the ultimate protection against perceived external threats and has demonstrated its role in lowering regional tensions. Croatia's successful accession to NATO has encouraged other states of the Western Balkans to consider the possibility of their own membership more seriously. Bosnia and Herzegovina and Montenegro are already seriously engaged in the process of meeting NATO membership criteria as active members of the Partnership for Peace and Intensified Dialogue with NATO. (3) In Western Balkan states like Bosnia and Herzegovina and Montenegro, the process of NATO accession can provide focus for ongoing efforts to improve the functionality and efficiency of the armed forces and the state more broadly. In Bosnia and Herzegovina, many reforms necessary to improve the functionality of the state, such as resolution of the defense- related property issue, are also necessary for NATO membership. (4) The success of Serbia is central to the success of the Western Balkans. The United States Government welcomes the decision of the democratically elected Government of Serbia to join the Partnership for Peace Program in 2006 and encourages as strong a relationship as is possible between NATO and the Government and people of Serbia. As Vice President Joseph Biden said in Belgrade on May 20, 2009, ``The United States strongly supports Serbian membership in the European Union and expanding security cooperation between Serbia, the United States, and our allies. We will use our influence, our energy, and our resources to promote Serbia's Euro-Atlantic aspirations.''. (5) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date''. (6) Under the NATO Enlargement Facilitation Act of 1996 (as enacted into law by section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to NATO, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine . . . the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (7) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO''. (8) In the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress endorsed ``. . . the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996.''. (9) At the Madrid Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were invited to join NATO, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating, ``The alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership . . . No European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (10) At the Washington, DC, Summit of the North Atlantic Treaty Organization in April 1999, the North Atlantic Treaty Organization heads of state and government issued a communique declaring, ``We pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area . . . The three new members will not be the last . . . No European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location''. (11) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated, ``All of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom-- and the same chance to join the institutions of Europe--as Europe's old democracies have . . . I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings . . .''. (12) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated, ``NATO's doors will not close behind its first new members . . . NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership . . . No nation will be automatically excluded . . . No country outside NATO will have a veto . . . A gray zone of insecurity must not reemerge in Europe.''. (13) At the Prague Summit of the North Atlantic Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia were invited to join NATO in the second round of enlargement of the North Atlantic Treaty Organization since the end of the Cold War, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating, ``NATO's door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty.''. (14) At the Istanbul Summit of the North Atlantic Treaty Organization in June 2004, the North Atlantic Treaty Organization heads of state and government issued a communique reaffirming that NATO's door remains open to new members, declaring, ``We celebrate the success of NATO's Open Door Policy, and reaffirm today that our seven new members will not be the last. The door to membership remains open.''. (15) At the Riga Summit of the NATO Alliance November 2006, NATO heads of state and government affirmed in their declaration that ``Bosnia and Herzegovina, Montenegro and Serbia can offer valuable contributions to regional stability and security'' and that NATO should ``encourage further positive developments in the region on its path towards Euro- Atlantic integration''. It was at Riga that Bosnia and Herzegovina, Montenegro, and Serbia were offered membership in the Partnership for Peace and Euro-Atlantic Partnership Council. (16) At the Bucharest Summit of the NATO Alliance in April 2008, the NATO heads of state and government issued a declaration stating that in the Balkans, ``Euro-Atlantic integration, based on democratic values and regional cooperation, remains necessary for lasting peace and stability.'' The Declaration also noted that ``we have decided to invite Bosnia and Herzegovina and Montenegro to begin an Intensified Dialogue on the full range of political, military, financial, and security issues relating to their aspirations to membership''. (17) At the Strasbourg/Kehl NATO Summit, the heads of state and government participating in the meeting of the North Atlantic Council on April 4, 2009, reiterated that ``[i]n accordance with Article 10 of the Washington Treaty, NATO's door will remain open to all European democracies which share the values of our Alliance, which are willing and able to assume the responsibilities and obligations of membership, and whose inclusion can contribute to common security and stability''. (18) The Summit Declaration also acknowledged the progress of the Government of Bosnia and Herzegovina on ``cooperation with NATO, including through implementation of its current IPAP, and the country's expressed intention to apply for MAP at an appropriate time.'' The declaration also urged ``Bosnia and Herzegovina's political leaders to take further genuine steps to strengthen state-level institutions and reinvigorate the reform process to advance the country's Euro-Atlantic aspirations.''. (19) With respect to Montenegro, the NATO heads of state and government declared at the 2009 Strasbourg/Kehl NATO Summit, ``We welcome Montenegro's successful and active implementation of its current Individual Partnership Action Plan (IPAP) with NATO. We are encouraged by the reforms it has made in a number of areas that are essential to its Euro- Atlantic integration and also by its contributions to cooperation and security in the region. We are looking forward to Montenegro's further determined efforts in this regard. The Council in permanent session is keeping Montenegro's progress under active review and will respond early to its request to participate in the Membership Action Plan (MAP), on its own merits.''. (20) Bosnia and Herzegovina and Montenegro deserve recognition for their cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Although Serbia has not yet completely fulfilled its ICTY obligations, the continued support of the Government of Serbia for the process until its conclusion is the best way to ensure the peace and to prepare the way to full participation of Serbia in European institutions. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) supports the commitment to further enlargement of the North Atlantic Treaty Organization to include Bosnia and Herzegovina and Montenegro, as European democracies, that are able and willing to meet the responsibilities of membership, as expressed by NATO in its Madrid Summit Declaration of 1997, its Washington, DC, Summit Communique of 1999, its Prague Summit Declaration of 2002, its Istanbul Summit Communique of 2004, its Riga Summit Declaration of 2006, its Bucharest Summit Declaration of 2008, and its Strasbourg/Kehl Declaration of 2009; (2) encourages United States allies in the North Atlantic Treaty Organization to utilize the opportunity of the ongoing Strategic Concept review to reinvigorate and transform NATO's approach to its commitment to the peace, stability, and democratic success of the Western Balkans; (3) endorses cooperation with representatives of the Government of Bosnia and Herzegovina to determine a realistic timetable and plan, constructed in conjunction with other NATO allies, for Bosnia and Herzegovina to meet the criteria for NATO membership, with the goal of improving the functionality of the Government of Bosnia and Herzegovina through the achievement of the commonly accepted political, military, economic, and social standards; (4) declares that United States support for Bosnia and Herzegovina's membership should be contingent upon thorough achievement of these exacting requirements, and that NATO membership criteria must not be compromised; (5) calls for the timely admission of Bosnia and Herzegovina and Montenegro contingent upon their continued implementation of democratic, defense, and economic reform, and their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization and a clear expression of national intent to do so; and (6) reaffirms the need for engagement with the democratically elected government of Serbia and amelioration of past bilateral tensions with greater interaction between the people of the United States and Serbia, including support by the United States Government for the process of including Serbia in trans-Atlantic institutions as the Government of Serbia fulfills the necessary criteria. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial- level United States diplomat as ``senior civilian representative'' to the NATO Mission in Sarajevo; (2) this senior civilian representative should have primary responsibility for defense and security sector reform and NATO/ Partnership for Peace integration; (3) the position requires coordination with international organizations and national authorities in Bosnia and Herzegovina; (4) it is important that this effort have civilian leadership and the senior civilian representative should work in conjunction with the senior military representative and lead the political-military staff; (5) the substantial credibility in Bosnia and Herzegovina enjoyed by the United States should be harnessed to facilitate the fulfillment by the Government of Bosnia and Herzogovina of NATO membership criteria; and (6) the Secretary of State should provide a regular briefing, not less than annually, to the Committee on Foreign Relations of the Senate on the progress of the efforts required under this Act. SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND MONTENEGRO AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Designation.-- (1) Bosnia and herzegovina.--Bosnia and Herzegovina is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Montenegro.--Montenegro is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of Bosnia and Herzegovina and Montenegro pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (as enacted into law by section 101(c) of title I of division A of Public Law 104- 208; 22 U.S.C. 1928 note), the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), the designation of Slovakia pursuant to section 4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to section 4(a) of the NATO Freedom Consolidation Act of 2007 (Public Law 110-17; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the president of other countries pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 6. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. Of the amounts made available for fiscal year 2010 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), such sums as may be necessary are authorized to be appropriated for assistance to Bosnia and Herzegovina and Montenegro.

NATO-Western Balkans Support Act of 2009 - States that Congress supports the commitment to further enlargement of the North Atlantic Treaty Organization (NATO) to include Bosnia and Herzegovina and Montenegro. Expresses the sense of Congress that the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial-level U.S. diplomat as senior civilian representative to the NATO Mission in Sarajevo. Deems Bosnia and Herzegovina and Montenegro as eligible to receive assistance under the NATO Participation Act of 1994. States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002, and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to the NATO Freedom Consolidation Act of 2007 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994. Authorizes FY2010 appropriations under the Arms Export Control Act for assistance to Bosnia and Herzegovina and Montenegro.

{"src": "billsum_train", "title": "A bill to consolidate democracy and security in the Western Balkans by supporting the Governments and people of Bosnia and Herzegovina and Montenegro in reaching their goal of eventual NATO membership, and to welcome further NATO partnership with the Republic of Serbia, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) The National Center for Educational Statistics (NCES) reports that while 46 percent of our Nation's public schools serve rural areas, they only receive 22 percent of the Nation's education funds annually. (3) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in special education, science, and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in two or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (4) Data from the National Assessment of Educational Progress (NAEP) consistently shows large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools face special challenges in preparing their students to reach high standards of performance on State and national assessments. (b) Purpose.--The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. DEFINITIONS. In this Act: (1) The terms ``elementary school'', ``local educational agency'', and ``State educational agency'' have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and ``(B)(i) only schools designated by the Secretary with a school locale code of 6, 7, or 8; or (ii) a school-age population of 800 or fewer. (3) The term ``poverty line'' has the meaning given such term by section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. (4) The term ``rural area'' means the area defined by the Secretary using school locale codes 6, 7, and 8. (5) The term ``school-age population'' means the number of students aged 5 through 17. (6) The term ``school locale code'' has the meaning given such term by the Secretary. (7) The term ``Secretary'' means the Secretary of Education. (8) The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year under section 4(a)(3). SEC. 4. RURAL EDUCATION INITIATIVE AUTHORIZED. (a) Grants to States.-- (1) In general.--Except as provided in paragraph (3), from the amount appropriated under section 10 and not reserved under subsection (c) for a fiscal year, the Secretary shall award grants to State educational agencies that have applications approved under section 5 to enable such agencies to award grants to eligible local educational agencies for local authorized activities described in subsection (c). (2) Formula.-- (A) In general.--Each State educational agency that receives a grant under this section shall receive an amount that bears the same relation to the amount of funds appropriated under section 10 that are not reserved under subsection (c) for a fiscal year as the number of students in average daily attendance served by eligible local education agencies in the State bears to the number of all such students served by eligible local education agencies in all States for that fiscal year. (B) Data.--In determining the school-age population under subparagraph (A) the Secretary shall use the most recent data available from the Bureau of the Census. (3) Direct awards to specially qualified agencies.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 5, the Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (b) Local Authorized Activities.--Funds made available under this Act may be used for-- (1) local educational technology efforts as described in section 3134 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6844); (2) professional development activities designed to prepare teachers who are teaching out of their primary subject area; (3) academic enrichment programs described in section 10204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8034); (4) innovative academic enrichment programs related to the educational needs of students at-risk of academic failure, including remedial instruction in one or more of the core subject areas of English, mathematics, science, and history; and (5) activities to recruit and retain highly qualified teachers in special education, mathematics, or science. (c) Reservation of Funds.--From the amount appropriated under section 10 for a fiscal year, the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (d) Relation to Other Federal Funding.--Funds received under this Act by a State educational agency or a specially qualified agency shall not be taken into consideration in determining the eligibility for, or amount of, any other Federal funding awarded to such agency. SEC. 5. APPLICATIONS. Each State educational agency or specially qualified agency desiring 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. Such application shall include specific measurable goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency that receives funds under this Act shall award grants to eligible local educational agencies or provide assistance to schools described in subsection (b)(2)-- (1) on a competitive basis; or (2) according to a formula based on the number of students served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. SEC. 7. ADMINISTRATIVE COSTS. A State educational agency or specially qualified agency that receives funds under this Act may not use more than 5 percent of the grant funds for State activities or administrative costs related to the program. SEC. 8. REPORTS. (a) State Educational Agency Reports.-- (1) Contents.--Each State educational agency that receives a grant under this Act shall submit an annual report to the Secretary describing-- (A) the methods the State educational agency used to award grants to eligible local educational agencies under this Act; (B) how eligible local educational agencies and schools used funds provided under this Act; and (C) the degree to which progress has been made toward meeting the goals and objectives described the application submitted under section 5. (2) Availability.--The Secretary shall make available the annual State reports received under paragraph (1) for dissemination to the Congress, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. (b) Specially Qualified Agency Reports.--Each specially qualified agency that receives a grant under this Act shall submit an annual report to the Secretary describing how such agency used funds received under this Act to coordinate with other Federal, State, and local programs. (c) Report by Secretary to Congress.--The Secretary shall prepare and submit to Congress an annual report which shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies used funds provided under this Act; and (3) progress made by State educational agencies and eligible local educational agencies receiving assistance under this Act in meeting specific, annual, measurable performance goals and objectives established by such agencies for activities assisted under this Act. SEC. 9. ACCOUNTABILITY. If, at the end of the third consecutive year in which a State educational agency or specially qualified agency receives funds under this Act, the Secretary determines that such agency has not substantially met its performance goals and objectives described in the application submitted under section 5, such agency shall be ineligible to receive additional funds under this Act for a period of one year after the date of such determination. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of fiscal years 2002 through 2005.

Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make: (1) formula grants to applicant State educational agencies to award competitive or formula subgrants to rural local educational agencies (LEAs) for elementary and secondary education development activities; and (2) direct competitive grants for such activities to specially qualified LEAs in nonparticipating States.Authorizes local use of such funds for: (1) certain local educational technology activities; (2) professional development designed to prepare teachers who are teaching out of their primary subject area; (3) certain academic enrichment programs; (4) innovative academic enrichment programs related to the educational needs of students at-risk of academic failure, including remedial instruction in one or more of the core subject areas of English, mathematics, science, and history; and (5) recruitment and retention of highly qualified teachers in special education, mathematics, or science.

{"src": "billsum_train", "title": "To provide for improved educational opportunities in low-income and rural schools and districts, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Magnitsky Human Rights Accountability Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged arbitrary detention, causing the disappearance of persons by the abduction and clandestine detention of those persons, other flagrant denial of the right to life, liberty, or the security of person. (4) Person.--The term ``person'' means an individual or entity. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible information-- (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country, particularly those individuals who seek-- (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Inadmissibility to united states.--In the case of a foreign person who is an individual-- (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (2) Blocking of property.-- (A) In general.--The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (c) Consideration of Certain Information in Imposing Sanctions.--In determining whether to impose sanctions under subsection (a), the President shall consider-- (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall-- (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes-- (A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. (e) Waiver for National Security Interests.--The President may waive the application of sanctions under this section with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) not later than 15 days prior to granting such a waiver, submits to the appropriate congressional committees notice of, and a justification for, the waiver. (f) Exception To Comply With United Nations Headquarters Agreement.--Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (g) Enforcement of Blocking of Property.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (h) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future. (i) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 4. REPORTS BY PRESIDENT TO CONGRESS. (a) In General.-- (1) In general.--The President shall submit to the appropriate congressional committees an annual report that includes-- (A) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (B) a description of the type of sanctions imposed with respect to each such person; (C) the number of foreign persons with respect to which the President-- (i) imposed sanctions under section 3(a) during that year; and (ii) terminated sanctions under section 3(h) during that year; (D) the dates on which such sanctions were imposed or terminated, as the case may be; (E) the reasons for imposing or terminating such sanctions; and (F) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (2) Dates for submission.-- (A) Initial report.--The President shall submit the initial report required by this subsection not later than 120 days after the date of the enactment of this Act. (B) Subsequent reports.-- (i) In general.--The President shall submit each subsequent report required by this subsection on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (I) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of such calendar year; and (II) each subsequent calendar year. (ii) Congressional statement.--Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ``Human Rights Day'' and thus the importance of December 10 of each calendar year as the date of submission of the subsequent reports required by this subsection. (b) Form of Report.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception.-- (A) In general.--Subject to subparagraph (B), the name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (i) determines that it is vital for the national security interests of the United States to do so; and (ii) uses the annex in a manner consistent with congressional intent and the purposes of this Act. (B) Additional information.--The President shall include the following additional information in the unclassified portion of the report required by subsection (a) with respect to foreign persons whose names are to be submitted in the classified annex authorized by paragraph (1): (i) The total number of such foreign persons. (ii) The total number of such foreign persons who are individuals and the total number of such foreign persons who are entities. (iii) In the case of-- (I) each such foreign person who is an individual, the country of citizenship of the foreign person; and (II) each such foreign person that is an entity, the country under whose laws the entity is organized. (c) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. REPORT BY COMPTROLLER GENERAL TO CONGRESS ON IMPLEMENTATION OF THIS ACT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the following: (1) A description and assessment of the process-- (A) to determine whether a foreign person has engaged in an activity described in section 3(a) and whether sanctions under section 3 should be imposed with respect to the person; and (B) to determine whether the identity of a foreign person with respect to which the President has imposed sanctions pursuant to section 3 should be classified. (2) An assessment of the implementation of this Act. (b) Consultation.--The Comptroller General shall consult with the appropriate congressional committees and nongovernmental organizations for purposes of preparing the report required by subsection (a).

Global Magnitsky Human Rights Accountability Act Directs the President to impose U.S. entry and property sanctions against any foreign person (or entity) who: is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country, especially those persons seeking to expose illegal activity carried out by government officials, or to obtain, exercise, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official (or senior associate of such official) responsible for, or complicit in, ordering or otherwise directing acts of significant corruption or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. Prescribes related penalties. Authorizes the President, with regard to such sanctions, to: waive their application, with prior congressional notification, if in U.S. national security interests; and terminate them under specified conditions. States that sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters, or other applicable international obligations of the United States. Directs the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition. Directs the Comptroller General to assess for Congress: (1) the process to determine whether a foreign person has engaged in a sanctionable activity, whether sanctions should be imposed, and whether the identity of a sanctioned foreign person should be classified; and (2) implementation of this Act.

{"src": "billsum_train", "title": "Global Magnitsky Human Rights Accountability Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for the Military Reserve Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) There are approximately 1,382,000 members of the seven reserve components of the Armed Forces (the Army Reserve, the Army National Guard of the United States, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve, the Air National Guard of the United States, and the Coast Guard Reserve). (2) During fiscal year 1998, reserve component members performed 13,000,000 person-days of military duty, roughly double the level performed during 1994 and the equivalent of 35,000 active component members. (3) Reserve component members are being called upon to serve in a greater number of overseas peacekeeping, humanitarian, and similar missions, and for longer periods of time, than ever before in peacetime, as shown by the following: (A) 8,338 reserve component personnel served in Haiti during the period from September 1994 through September 1999, constituting up to 6 percent of the Armed Forces personnel participating in Operation Support/Uphold Democracy during that period. (B) 32,022 reserve component personnel served in Bosnia during the period from December 1995 through September 1999, constituting up to 33 percent of the Armed Forces personnel participating in Operation Joint Endeavor/Guard/Forge during that period, and in January 2000, an Army National Guard brigadier general will assume command of Task Force Eagle in Tuzla, Bosnia- Herzegovina. (C) 9,752 reserve component personnel served in Iraq during the period from October 1997 through September 1999, constituting up to 5 percent of the Armed Forces personnel participating in Operation Northern and Southern Watch during that period. (D) 9,576 reserve component personnel served in Kosovo during the period from April 1999 through September 1999, constituting up to 22 percent of the Armed Forces personnel participating in Operation Allied Force during that period. (4) Recent reports and studies have noted the importance of the reserve components, as shown by the following: (A) The report of the Department of Defense Quadrennial Defense Review conducted in 1997 stated that ``Reserve components have become an ever larger percentage of the Total Force and are essential participants in the full spectrum of operations, from the smallest of smaller-scale contingency operations to major theater war . . . Reserve forces are part of all war plans. No major operation can be successful without them.''. (B) The National Defense Panel, in its report issued in 1997, called for the ``full integration'' of the reserve components with active duty forces and specifically called on the Army to rely more upon its reserve components to ``reduce pressure on the active Army''. (C) The Reserve Component Employment 20005 Study, issued on August 8, 1999, concludes that ``while much progress has been made in recent years to ensure equity in the benefit packages that are provided to AC [active component] and RC [reserve component] personnel, the study determined that disparities continue to exist for RC personnel.''. (5) Secretary of Defense William Cohen has made ``quality of life'' issues for all servicemembers a major priority for the Department of Defense. (6) The significant recent increase in overseas active-duty assignments for reserve component members warrants enhancement of military benefits for the Nation's citizen soldiers. (7) Those enhancements should include-- (A) extending eligibility of reserve component members for space available (``Space-A'') travel on military aircraft to travel outside the continental United States (``OCONUS''); (B) providing for reserve component members traveling away from their homes for inactive-duty training to be eligible for billiting in military quarters on the same basis as members on active duty; (C) raising the annual reserve retirement point maximum from 75 to 90; and (D) extending the legal services provided by the Department of Defense to reserve component members. SEC. 3. TRAVEL BY RESERVES ON MILITARY AIRCRAFT OUTSIDE CONTINENTAL UNITED STATES. (a) Space-Required Travel for Travel to Duty Stations OCONUS.--(1) Subsection (a) of section 18505 of title 10, United States Code, as added by section 517(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65), is amended-- (A) by inserting ``annual training duty or'' before ``inactive-duty training'' both places it appears; and (B) by inserting ``duty or'' before ``training if''. (2) The heading of such section is amended to read as follows: ``Sec. 18505. Reserves traveling to annual training duty or inactive- duty training OCONUS: authority for space-required travel''. (b) Space-Available Travel for Members of Selected Reserve and Gray Area Retirees.--Chapter 1805 of such title is amended by adding at the end the following new section: ``Sec. 18506. Space-available travel: Selected Reserve and reserve retirees under age 60; dependents ``(a) Eligibility for Space-Available Travel.--The Secretary of Defense shall prescribe regulations to allow persons described in subsection (b) to receive transportation on aircraft of the Department of Defense on a space-available basis under the same terms and conditions (including terms and conditions applicable to travel outside the United States) as apply to members of the armed forces entitled to retired pay. ``(b) Persons Eligible.--Subsection (a) applies to the following persons: ``(1) A person who is a member of the Selected Reserve in good standing (as determined by the Secretary concerned). ``(2) A person who is a member or former member of a reserve component under age 60 who, but for age, would be eligible for retired pay under chapter 1223 of this title. ``(c) Dependents.--A dependent of a person described in subsection (b) may be provided transportation under this section on the same basis as dependents of members of the armed forces entitled to retired pay.''. ``(d) Limitation on Required Identification.--Neither the ``Authentication of Reserve Status for Travel Eligibility'' form (DD Form 1853), nor or any other form, other than the presentation of military identification and duty orders upon request, or other methods of identification required of active duty personnel, shall be required of reserve component personnel using space-available transportation within or outside the continental United States.''. (2) The table of sections at the beginning of such chapter is amended by striking the item relating to section 18505 and inserting the following new items: ``18505. Reserves traveling to annual training duty or inactive-duty training OCONUS: authority for space- required travel. ``18506. Space-available travel: Selected Reserve and reserve retirees under age 60; dependents.''. (c) Effective Date.--Regulations under section 18506 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 180 days after the date of the enactment of this Act. SEC. 4. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR INACTIVE DUTY TRAINING. (a) In General.--(1) Chapter 1217 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 12604. Attendance at inactive-duty training assemblies: billeting in Department of Defense facilities ``(a) Authority for Billeting on Same Basis as Active Duty Members Traveling Under Orders.--The Secretary of Defense shall prescribe regulations authorizing a Reserve traveling to inactive duty training at a location more than 50 miles from that Reserve's home to be eligible for billeting in Department of Defense facilities on the same basis as a member of the armed forces on active duty who is traveling under orders away from the member's duty station. ``(b) Proof of Reason for Travel.--The Secretary shall include in regulations under subsection (a) means for establishing that a Reserve seeking billeting in Department of Defense facilities under that subsection is traveling for attendance at inactive duty training at a location more than 50 miles from that Reserve's home.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``12604. Attendance at inactive-duty training assemblies: billeting in Department of Defense facilities.''. (b) Effective Date.--Section 12604 of title 10, United States Code, as added by subsection (a), shall apply with respect to periods of inactive duty training beginning more than 180 days after the date of the enactment of this Act. SEC. 5. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT POINTS THAT MAY BE CREDITED IN ANY YEAR. Section 12733(3) of title 10, United States Code, is amended by striking ``but not more than'' and all that follows and inserting ``but not more than-- ``(A) 60 days in any one year of service before the year of service that includes September 23, 1996; ``(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes the date of the enactment of the Reserve Component Equity Act of 1999; and ``(C) 90 days in the year of service that includes the date of the enactment of the Reserve Component Equity Act of 1999 and in any subsequent year of service.''. SEC. 6. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE DUTY. (a) Legal Services.--Section 1044(a) of title 10, United States Code, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Members of a reserve component not covered by paragraph (1) or (2), but only during a period, following a release from active duty under a call or order to active duty for more than 29 days under a mobilization authority (as determined by the Secretary of Defense), that is not in excess of twice the length of time served on active duty.''. (b) Dependents.--Paragraph (5) of such section, as amended by subsection (a), is amended by striking ``and (3)'' and inserting ``, and (4)''. (c) Implementing Regulations.--Regulations to implement the amendments made by subsections (a) and (B) shall be prescribed not later than 180 days after the date of the enactment of this Act.

Directs the Secretary of Defense to prescribe regulations to allow the following persons to receive transportation on Department of Defense (DOD) aircraft on a space-available basis under the same terms and conditions that apply to members of the armed forces entitled to retired pay: (1) members of the Selected Reserve in good standing; (2) a former reserve member under 60 years of age who would be eligible for retired pay except for being under such age; and (3) dependents of the above. Limits the required identification for such travel. Directs the Secretary to prescribe regulations authorizing a reserve member traveling to inactive duty training at least 50 miles from home to be eligible for billeting (housing) in DOD facilities on the same basis as active-duty personnel traveling under orders away from such member's duty station. Requires proof of the reason for such travel. Increases the maximum number of reserve retirement points that may be credited in a year for reserve service from 75 to 90 for years during and subsequent to the date of enactment of the Reserve Component Equity Act of 1999. Authorizes the Secretary of the military department concerned to provide civil legal services to reserve personnel (and their dependents) not otherwise entitled to such services, but only during a period following a release from active duty under a call or order to such duty for more than 29 days under a mobilization authority that is not in excess of twice the length of the duty period served.

{"src": "billsum_train", "title": "Fairness for the Military Reserve Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Worker Security Act of 1993''. SEC. 2. ESTABLISHMENT OF NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM. Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by adding at the end the following new subchapter: ``Subchapter D--NAFTA Transitional Adjustment Assistance Program ``SEC. 250. ESTABLISHMENT OF TRANSITIONAL PROGRAM. ``(a) Group Eligibility Requirements.-- ``(1) Criteria.--A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified as eligible to apply for adjustment assistance under this subchapter pursuant to a petition filed under subsection (b) if the Secretary determines that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated, and either-- ``(A) that-- ``(i) the sales or production, or both, of such firm or subdivision have decreased absolutely, ``(ii) imports from Mexico or Canada of articles like or directly competitive with articles produced by such firm or subdivision have increased, and ``(iii) the increase in imports under clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or ``(B) that there has been a shift in production by such workers' firm or subdivision to Mexico or Canada of articles like or directly competitive with articles which are produced by the firm or subdivision. ``(2) Definition of contributed importantly.--The term `contributed importantly', as used in paragraph (1)(A)(iii), means a cause which is important but not necessarily more important than any other cause. ``(3) Regulations.--The Secretary shall issue regulations relating to the application of the criteria described in paragraph (1) in making preliminary findings under subsection (b) and determinations under subsection (c). ``(b) Preliminary Findings and Basic Assistance.-- ``(1) Filing of petitions.--A petition for certification of eligibility to apply for adjustment assistance under this subchapter may be filed by a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) or by their certified or recognized union or other duly authorized representative with the Governor of the State in which such workers' firm or subdivision thereof is located. ``(2) Findings and assistance.--Upon receipt of a petition under paragraph (1), the Governor shall-- ``(A) notify the Secretary that the Governor has received the petition; ``(B) within 10 days after receiving the petition-- ``(i) make a preliminary finding as to whether the petition meets the criteria described in subsection (a)(1) (and for purposes of this clause the criteria described under subparagraph (A)(iii) of such subsection shall be disregarded), and ``(ii) transmit the petition, together with a statement of the finding under clause (i) and reasons therefor, to the Secretary for action under subsection (c); and ``(C) if the preliminary finding under subparagraph (B)(i) is affirmative, ensure that rapid response and basic readjustment services authorized under other Federal law are made available to the workers. ``(c) Review of Petitions by Secretary; Certifications.-- ``(1) In general.--The Secretary, within 30 days after receiving a petition under subsection (b), shall determine whether the petition meets the criteria described in subsection (a)(1). Upon a determination that the petition meets such criteria, the Secretary, subject to paragraph (3), shall issue to workers covered by the petition a certification of eligibility to apply for assistance described in subsection (d). ``(2) Denial of certification.--Upon denial of certification with respect to a petition under paragraph (1), the Secretary shall review the petition in accordance with the requirements of subchapter A to determine if the workers may be certified under such subchapter. ``(3) Covered workers.--A certification issued under paragraph (1) shall not apply to any worker whose last total or partial separation from the firm or subdivision occurred before January 1, 1994. ``(d) Comprehensive Assistance.--Workers covered by certification issued by the Secretary under subsection (c) shall be provided, in the same manner and to the same extent as workers covered under a certification under subchapter A, the following: ``(1) Employment services described in section 235. ``(2) Training described in section 236, except that notwithstanding the provisions of section 236(a)(2)(A), the total amount of payments for training under this subchapter between January 1, 1994, and June 30, 1995, shall not exceed $45,000,000. ``(3) Trade readjustment allowances described in sections 231 through 234, except that-- ``(A) the provisions of sections 231(a)(5)(C) and 231(c), authorizing the payment of trade readjustment allowances upon a finding that it is not feasible or appropriate to approve a training program for a worker, shall not be applicable to payment of such allowances under this subchapter; and ``(B) notwithstanding the provisions of section 233(b), a worker shall be enrolled in a training program approved by the Secretary under section 236(a) by the end of the 16th week of such worker's initial unemployment compensation benefit period in order for such worker to qualify for trade readjustment allowances under this subchapter. ``(4) Job search allowances described in section 237. ``(5) Relocation allowances described in section 238. ``(e) Administration.--The provisions of subchapter C shall apply to the administration of the program under this subchapter in the same manner and to the same extent as such provisions apply to the administration of the program under subchapters A and B, except that the agreement between the Secretary and the States described in section 239 shall specify the procedures that will be used to carry out the certification process under subsection (c) and the procedures for the provision of relevant data by the Secretary to assist the States in making preliminary findings under subsection (b).''. SEC. 3. CONFORMING AMENDMENTS. (a) References.--Sections 221(a), 222(a), and 223(a) of the Trade Act of 1974 are each amended by striking out ``chapter'' and inserting ``subchapter''. (b) Benefit Information.--Section 225(b) of the Trade Act of 1974 is amended by inserting ``or subchapter D'' after ``subchapter A'' in each place it appears. (c) Nonduplication of Assistance.--Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by adding at the end the following new section: ``SEC. 249A. NONDUPLICATION OF ASSISTANCE. ``No worker may receive assistance relating to a separation pursuant to certifications under both subchapters A and D of this chapter.''. (d) Judicial Review.--Section 284 of the Trade Act of 1974 is amended by inserting ``or section 250(c)'' after ``section 223''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 245 of the Trade Act of 1974 is amended by-- (1) inserting ``(a)'' before ``There'', (2) inserting ``, except for subchapter D'' after ``chapter'', and (3) inserting the following new subsection at the end: ``(b) There are authorized to be appropriated to the Department of Labor, for each of fiscal years 1994 and 1995, such sums as may be necessary to carry out subchapter D of this chapter.''. SEC. 5. TERMINATION OF TRANSITIONAL PROGRAM. Section 285(c) of the Trade Act of 1974 is amended-- (1) by striking ``No'' and inserting ``(1) Except as provided in paragraph (2), no''; and (2) by inserting the following new paragraph at the end thereof: ``(2) No assistance, vouchers, allowances, or other payments may be provided under subchapter D of chapter 2 after June 30, 1995.''. SEC. 6. EFFECTIVE DATE. The amendments made by sections 2, 3, 4, and 5 take effect on the date the North American Free Trade Agreement enters into force.

NAFTA Worker Security Act of 1993 - Amends the Trade Act of 1974 to provide transitional trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) among the United States, Canada, and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that a significant number of the workers in a firm have become totally or partially separated, or are threatened to become totally or partially separated, and either: (1) the sales or production, or both, of such firm decreased, imports from Mexico or Canada of articles like or directly competitive with articles produced by such firm have increased, and the increase in such articles contributed to such workers' separation or threat of separation and to the decline in the firm's sales or production; or (2) there has been a shift in production by the workers' firm to Mexico or Canada of articles like or directly competitive with articles produced by the firm. Authorizes a group of workers, including workers in any agricultural firm, or their recognized union to file with the Governor of a State a petition for certification of eligibility to apply for such assistance. Prohibits a worker from receiving duplicative assistance. Authorizes appropriations.

{"src": "billsum_train", "title": "NAFTA Worker Security Act of 1993"}

That section 4 of Public Law 94-456 (43 U.S.C. 1611 note) is amended-- (1) by striking out ``subsection (a)'' in subsection (c) and inserting in lieu thereof ``subsections (a) and (d)''; and (2) by adding at the end the following: ``(d)(1) In order to convey to the Village Corporations named in this subsection certain lands the Villages have selected under section 12(a) of the Settlement Act, the Secretary shall convey all right, title, and interest of the United States in and to the surface estate of the lands described in paragraph (2) to the Village Corporations within Cook Inlet Region named in paragraph (2) in partial satisfaction of each Village Corporation's statutory entitlement under section 12(a) of the Settlement Act. Conveyances shall be made pursuant to sections 12(a) and 14(f) of the Settlement Act. The conveyances described in paragraph (2) shall be made within 90 days after the date of enactment of this subsection. ``(2) The lands described in this paragraph are to be conveyed to Village Corporations as follows: To Chickaloon-Moose Creek Native Association, Inc.: seward meridian, alaska Township 1 North, Range 20 West (Unsurveyed) Sections 24, 25, and 36 (fractional). To Knikatnu, Inc.: seward meridian, alaska Township 1 South, Range 20 West (Unsurveyed) Section 1 (fractional). Township 3 South, Range 20 West (Unsurveyed) Section 3 (fractional); Sections 4 and 9. Township 1 North, Range 20 West (Unsurveyed) Section 9 (fractional). To Ninilchik Native Association, Inc.: seward meridian, alaska Township 1 South, Range 19 West (Unsurveyed) Sections 29 and 32 (fractional). Township 2 South, Range 19 West (Unsurveyed) Sections 6 and 18 (fractional). Township 2 South, Range 20 West (Unsurveyed) Section 1 (fractional); Sections 6 and 14; Sections 23, 24, and 26 (fractional); Sections 32 and 33; Sections 34 and 35 (fractional). Township 3 South, Range 20 West (Unsurveyed) Section 10 (fractional). Township 3 South, Range 21 West (Unsurveyed) Sections 13 and 19 through 24, inclusive; Section 25 (fractional); Sections 32 and 34 (fractional). Township 1 North, Range 20 West (Unsurveyed) Sections 6 through 8 (fractional), inclusive; Section 16; Sections 22 and 23 (fractional); Section 26. Township 4 North, Range 19 West (Unsurveyed) Sections 20 and 36. To Seldovia Native Association, Inc.: seward meridian, alaska Township 2 South, Range 20 West (Unsurveyed) Section 13 (fractional). Township 3 South, Range 20 West (Unsurveyed) Sections 7 and 8; Section 16 (fractional); Sections 17 and 18; Sections 19 and 20 (fractional). To Tyonek Native Corporation: seward meridian, alaska Township 1 South, Range 20 West (Unsurveyed) Section 2 (fractional); Section 3. Township 2 South, Range 21 West (Unsurveyed) Section 36. Township 2 South, Range 20 West (Unsurveyed) Section 12 (fractional); Section 31. Township 3 South, Range 20 West (Unsurveyed) Sections 15, 21, and 30 (fractional). Township 3 South, Range 21 West (Unsurveyed) Section 26; Sections 27 and 28 (fractional); Sections 29 through 31 (fractional), inclusive; Sections 33, 35, and 36 (fractional). Township 1 North, Range 20 West (Unsurveyed) Section 15 (fractional); Section 35. Aggregating approximately 29,900 acres, more or less. ``(3) No later than 180 days following the completion of the conveyances required by paragraph (1), Cook Inlet Region, Inc., shall convey to each of the Village Corporations referred to in paragraph (2) the surface estate in such lands described in Appendix A of that certain Agreement dated August 31, 1976, known as the Deficiency Agreement, as the Village Corporations have identified, and in the order they identified in their priority selection rounds, to satisfy each Village Corporation's section 12(a) entitlement under the Settlement Act. ``(4) If the Secretary does not convey the lands in paragraph (2) within 90 days of the date of the enactment of this subsection, then all right, title, and interest of the United States in and to the surface estate of such lands shall nevertheless pass immediately to the Village Corporations named in paragraph (2). ``(5) Nothing in this subsection shall be construed to increase or decrease the entitlement under the Settlement Act of any of the Village Corporations named in this subsection or of Cook Inlet Region, Inc.''.

Amends Federal law to provide for conveyance of certain Alaskan lands under the Alaska Native Claims Settlement Act to: (1) Chickaloon-Moose Creek Native Association, Inc.; (2) Knikatnu, Inc.; (3) Ninilchik Native Association, Inc.; (4) Seldovia Native Association, Inc.; and (5) Tyonek Native Corporation.

{"src": "billsum_train", "title": "To provide for conveyances of certain lands in Alaska to Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., Seldovia Native Association, Inc., Tyonek Native Corporation, and Knikatnu, Inc. under the Alaska Native Claims Settlement Act."}

SECTION 1. GREAT LAKES POLLUTION PREVENTION. Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i) respectively; and (2) by inserting after subsection (e) the following: ``(f) Pollution Prevention Demonstration Program.-- ``(1) Establishment.--The Administrator, in coordination with the Director of the National Institute of Standards and Technology and appropriate officials of the Great Lakes States, shall establish a multimedia Great Lakes pollution prevention demonstration program to increase the use of modernizing industrial source reduction practices (as defined in section 6603(5) of the Pollution Prevention Act of 1990 (42 U.S.C. 13102(5)) through demonstrations in the Great Lakes region. ``(2) Registry of technologies.--The Administrator, in consultation with the appropriate officials of State technical assistance offices and the Director of the National Institute of Standards and Technology, shall maintain a registry of modernizing toxic use and waste reduction technologies requiring demonstration. ``(3) Participation.--Any person with a permit to discharge into waters of the Great Lakes system under section 402 may participate in the demonstration program through-- ``(A) the institution of a source reduction practice from the registry developed under paragraph (2); or ``(B) the institution of any other innovative source reduction practice that the Administrator determines-- ``(i) has the potential to significantly reduce pollutant discharges to water and other environmental media without significantly increasing pollutant discharges to any environmental medium; and ``(ii) should be demonstrated. ``(4) Requirements.--Any participant in the demonstration program-- ``(A) shall be exempt from the requirement under section 308 to pay a fee for the development of revised effluent guidelines; and ``(B) may be granted an additional year to comply with any new or revised effluent standards issued under this Act if, in the judgment of the Administrator, the extension is necessary and appropriate. ``(5) Pollution prevention extension service.--The Administrator, in cooperation with the Director of the National Institute of Standards and Technology and appropriate officials of State technical assistance offices, shall establish a pollution prevention extension service to provide an active outreach effort to advise, inform, and encourage pollution prevention by industrial discharges to the Great Lakes System. ``(6) Pollution prevention clearinghouse.-- ``(A) Establishment.--The Administrator shall establish a Great Lakes pollution prevention clearinghouse. ``(B) Use.--The clearinghouse shall utilize the results of-- ``(i) research from the Environmental Protection Agency Risk Reduction Engineering Laboratory; and ``(ii) demonstrations conducted pursuant to this subsection; to provide information to municipal and industrial dischargers and sources of nonpoint pollution within the Great Lakes region on source reduction methods, measures, techniques, and technologies. ``(C) Cooperation with canada.--The Administrator shall, to the maximum extent practicable, cooperate with appropriate officials of the Government of Canada with respect to the collection and dissemination of information pursuant to this section. ``(7) Pollution prevention for cities program.-- ``(A) Application for technical assistance.-- A municipality located within the Great Lakes basin boundaries may apply for technical and financial assistance from the Administrator to implement source reduction of toxic pollutants in urban runoff, wastewater, and stormwater. ``(B) Eligibility.--To be eligible for assistance under this paragraph, a municipality shall apply to the Administrator with a statement-- ``(i) stating pollutant reduction goals; and ``(ii) documenting stakeholder interest in implementing voluntary pollutant reduction measures. ``(C) Assistance.--The Administrator shall, for each municipality with an approved application statement-- ``(i) provide technical assistance in the development of a municipal source reduction action plan; and ``(ii) authorize the expenditure of State revolving fund moneys pursuant to title VI for the implementation of an approved source reduction plan.''. SEC. 2. FUNDING FROM STATE REVOLVING LOAN FUND PROGRAM. Sections 601(a) and 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a) and 1383(c)) are each amended-- (1) by striking ``and'' at the end of clause (2); (2) by inserting before the period at the end of the first sentence the following: ``, and (4) for carrying out the activities related to the Great Lakes described in section 118(f), including implementing a source reduction action plan that has been approved by the Administrator pursuant to section 118(f)(7)''.

Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to: (1) establish a multimedia Great Lakes pollution demonstration program to increase the use of modernizing industrial source reduction practices; and (2) maintain a registry of modernizing toxic use and waste reduction technologies requiring demonstration. Exempts participants in the program from paying fees under such Act for the development of revised effluent guidelines and grants them an additional year to comply with new or revised effluent standards if the extension is appropriate. Directs the Administrator to establish a: (1) pollution prevention extension service to provide an outreach effort to encourage pollution prevention by industrial discharges to the Great Lakes system; and (2) Great Lakes pollution prevention clearinghouse. Authorizes municipalities within the Great Lakes basin to apply for technical and financial assistance from the Administrator to implement source reduction of toxic pollutants in urban runoff, wastewater, and stormwater. Permits funding for such source reduction to be obtained from State water pollution control revolving funds.

{"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide for a Great Lakes pollution prevention demonstration program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employment Reduction Assistance Act of 1996''. SEC. 2. DEFINITIONS. For the purpose of this Act-- (1) the term ``agency'' means an Executive agency (as defined by section 105 of title 5, United States Code), but does not include the Department of Defense, the Central Intelligence Agency, or the General Accounting Office; and (2) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who-- (A) is employed by an agency; (B) is serving under an appointment without time limitation; and (C) has been currently employed for a continuous period of at least 12 months; but does not include-- (i) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in clause (i); (iii) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (iv) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111), would qualify for a voluntary separation incentive payment under section 3 of such Act; (v) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this Act or any other authority and has not repaid such payment; or (vi) an employee covered by statutory reemployment rights who is on transfer to another organization. SEC. 3. AGENCY PLANS; APPROVAL. (a) If the head of an agency determines that, in order to improve the efficiency of operations or to meet anticipated levels of budgetary resources, the number of employees employed by the agency must be reduced, the head of the agency may submit a plan to the Director of the Office of Management and Budget to pay voluntary separation incentives under this Act to employees of the agency who agree to separate from the agency, by retirement or resignation. The plan shall specify the planned employment reductions and the manner in which such reductions will improve operating efficiency or meet anticipated budget levels. The plan shall include a proposed period of time for the payment of voluntary separation incentives by the agency, and a proposed coverage for offers of incentives to agency employees, which may be on the basis of-- (1) any component of the agency; (2) any occupation or levels of an occupation; (3) any geographic location; or (4) any appropriate combination of the factors in paragraphs (1)-(3). (b) The Director of the Office of Management and Budget shall review each plan submitted to the Director under subsection (a) and approve or disapprove such plan, and may make appropriate modifications in the plan with respect to the time period in which voluntary separation incentives may be paid or with respect to the coverage of incentives on the basis of the factors in subsection (a) (1)-(4). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) In order to receive a voluntary separation incentive payment, an employee must separate from service with the employee's agency voluntarily (whether by retirement or resignation) during the period of time for which the payment of incentives has been authorized for the employee under the agency plan under section 3. An employee's agreement to separate with an incentive payment is binding upon the employee and the agency, unless the employee and the agency mutually agree otherwise. (b) A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code (without adjustment for any previous payment made under such section), if the employee were entitled to payment under such section; or (B) if the employee separates-- (i) during fiscal year 1996 or 1997, $25,000; (ii) during fiscal year 1998, $20,000; (iii) during fiscal year 1999, $15,000; or (iv) during fiscal year 2000, $10,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit, except that this paragraph shall not apply to unemployment compensation funded in whole or in part with Federal funds; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual applicant available for the position. (c) For the purpose of this section, the term ``employment''-- (1) includes employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) includes employment under a personal services contract, as defined by the Director of the Office of Personnel Management. SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) Total full-time equivalent employment in each agency shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. The reduction will be calculated by comparing the agency's full-time equivalent employment for the fiscal year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) The Office of Management and Budget shall monitor all agencies and take any action necessary to ensure that the requirements of this section are met. (c) The President shall take appropriate action to ensure that functions involving more than 10 full-time equivalent employees are not converted to contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates such contracts would be to the advantage of the Government. (d) The provisions of subsections (a) and (c) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires. SEC. 8. REPORTS. (a) Each agency which has received approval under section 3 of this Act to pay voluntary separation incentives shall, for each applicable quarter of each fiscal year and not later than 30 days after the date of such quarter, submit to the Office of Personnel Management a report providing-- (1) the number of employees who receive voluntary separation incentives for each type of separation involved; (2) the average amount of the incentives paid; (3) the average grade or pay level of the employees who received incentives; and (4) such other information as the Office may require. (b) No later than March 31st of each fiscal year, the Office of Personnel Management shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a report which, with respect to the preceding fiscal year, shall include-- (1) for each agency which had approval to pay voluntary separation incentives during such preceding fiscal year, and on a combined basis for all such agencies-- (A) the number of employees who received voluntary separation incentives; (B) the average amount of such incentives; and (C) the average grade or pay level of the employees who received incentives; and (2) the number of waivers made under section 5 of this Act in the repayment of voluntary separation incentives, and for each such waiver-- (A) the reasons for the waiver; and (B) the title and grade or pay level of the position filled by each employee to whom the waiver applied. (c) Section 6 of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111) is amended-- (1) by striking out ``December 31st'' and inserting ``March 31st''; and (2) by striking out paragraphs (1)-(4) and inserting in lieu thereof the following: ``(1) for each agency which paid voluntary separation incentives under section 3 during such preceding fiscal year, and on a combined basis for all such agencies-- ``(A) the number of employees who received voluntary separation incentives; ``(B) the average amount of such incentives; and ``(C) the average grade or pay level of the employees who received incentives; and ``(2) the number of waivers made by each agency or other authority under section 3 or the amendments made by section 8 in the repayment of voluntary separation incentives, and for each such waiver-- ``(A) the reasons for the waiver; and ``(B) the title and grade or pay level of the position filled by each employee to whom the waiver applied.''. SEC. 9. VOLUNTARY PARTICIPATION IN REDUCTIONS IN FORCE. Section 3502(f) of title 5, United States Code, is amended-- (1) in paragraph (1) by striking out ``The Secretary of Defense or the Secretary of a military department'' and inserting in lieu thereof ``Under procedures prescribed by Office of Personnel Management, the head of an agency''; (2) by amending paragraph (3) to read as follows: ``(3) An employee with critical knowledge and skills may not participate in a voluntary release under paragraph (1) if the head of the agency determines that such participation would impair the performance of the agency's mission.''; (3) by striking out paragraph (4); and (4) by redesignating paragraph (5) as paragraph (4), and by amending such paragraph by striking out ``September 30, 1996'' and inserting ``September 30, 2000''. SEC. 10. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by striking out ``in or under the Department of Defense''; (2) in subparagraph (B)-- (A) immediately after ``enactment'' by inserting the following ``(or, as applicable, amendment)''; (B) in clause (i) and (ii) each by striking out ``October 1, 1999'' and inserting ``October 1, 2000''; and (C) in clause (ii) by striking out ``February 1, 2000'' and inserting ``February 1, 2001''; and (3) in subparagraph (C) immediately after ``identified'' by inserting ``by the agency''. SEC. 11. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 12. EFFECTIVE DATE. (a) The provisions of this Act shall take effect on the date of enactment of this Act. (b) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2000.

Federal Employment Reduction Assistance Act of 1996 - Authorizes the head of an agency to submit a plan to the Director of the Office of Management and Budget to pay voluntary separation incentives to employees of the agency who agree to separate from the agency by retirement or resignation. (Sec. 4) Provides that a voluntary separation incentive payment be paid in a lump sum after the employee's separation and be equal to the lesser of: (1) the amount the employee would have been entitled to receive (without adjustment for any previous payment); or (2) if the employee separates during a certain fiscal year, according to a specified payment amount for such fiscal year, from FY 1996 through FY 2000. (Sec. 5) Prescribes that an individual who has received a voluntary separation incentive payment and accepts any subsequent employment with the Government within five years after the date of separation shall be required to repay, prior to the first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. Provides for waiver of repayment if the individual involved possesses unique abilities and is the only qualified applicant for the position. (Sec. 6) Requires that an agency make a contribution to the Civil Service Retirement and Disability Fund in an amount equal to 15 percent of the final basic pay of each agency employee to whom a voluntary separation incentive has been paid. (Sec. 7) Mandates the reduction of total full-time equivalent employment in each agency by one for each employee receiving a voluntary separation payment. Requires that the President take appropriate action to ensure that functions involving more than ten full-time equivalent employees are not converted to contracts except in cases in which a cost comparison demonstrates that such contracts would be to the advantage of the Government. Provides for the preceding two clauses to be waived upon a determination by the President that the existence of a state of war or other national emergency, or the existence of an extraordinary emergency so requires. (Sec. 8) Mandates certain reports. Makes technical amendments to the Federal Workforce Restructuring Act of 1994. (Sec. 9) Modifies requirements regarding the order of retention in a voluntary participation in a reduction in force. (Sec. 10) Provides for continued health insurance coverage for separated employees.

{"src": "billsum_train", "title": "Federal Employment Reduction Assistance Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Cooperative Federalism Act of 2011''. SEC. 2. STATE WATER QUALITY STANDARDS. (a) State Water Quality Standards.--Section 303(c)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking ``(4)'' and inserting ``(4)(A)''; (3) by striking ``The Administrator shall promulgate'' and inserting the following: ``(B) The Administrator shall promulgate''; and (4) by adding at the end the following: ``(C) Notwithstanding subparagraph (A)(ii), the Administrator may not promulgate a revised or new standard for a pollutant in any case in which the State has submitted to the Administrator and the Administrator has approved a water quality standard for that pollutant, unless the State concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of this Act.''. (b) Federal Licenses and Permits.--Section 401(a) of such Act (33 U.S.C. 1341(a)) is amended by adding at the end the following: ``(7) With respect to any discharge, if a State or interstate agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate determines under paragraph (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination.''. (c) State NPDES Permit Programs.--Section 402(c) of such Act (42 U.S.C. 1342(c)) is amended by adding at the end the following: ``(5) Limitation on authority of administrator to withdraw approval of state programs.--The Administrator may not withdraw approval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding-- ``(A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or ``(B) the implementation of any Federal guidance that directs the interpretation of the State's water quality standards.''. (d) Limitation on Authority of Administrator To Object to Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is amended by adding at the end the following: ``(5) The Administrator may not object under paragraph (2) to the issuance of a permit by a State on the basis of-- ``(A) the Administrator's interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or ``(B) the implementation of any Federal guidance that directs the interpretation of the State's water quality standards.''. SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. (a) Authority of EPA Administrator.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended-- (1) by striking ``(c)'' and inserting ``(c)(1)''; and (2) by adding at the end the following: ``(2) Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1).''. (b) State Permit Programs.--The first sentence of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The Governor of any State desiring to administer its own individual and general permit program for the discharge'' and inserting ``The Governor of any State desiring to administer its own individual and general permit program for some or all of the discharges''. SEC. 4. DEADLINES FOR AGENCY COMMENTS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended-- (1) in subsection (m) by striking ``ninetieth day'' and inserting ``30th day (or the 60th day if additional time is requested)''; and (2) in subsection (q)-- (A) by striking ``(q)'' and inserting ``(q)(1)''; and (B) by adding at the end the following: ``(2) The Administrator and the head of a department or agency referred to in paragraph (1) shall each submit any comments with respect to an application for a permit under subsection (a) or (e) not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection.''. SEC. 5. APPLICABILITY OF AMENDMENTS. The amendments made by this Act shall apply to actions taken on or after the date of enactment of this Act, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated as of such date of enactment. SEC. 6. REPORTING ON HARMFUL POLLUTANTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress a report on any increase or reduction in waterborne pathogenic microorganisms (including protozoa, viruses, bacteria, and parasites), toxic chemicals, or toxic metals (such as lead and mercury) in waters regulated by a State under the provisions of this Act, including the amendments made by this Act. SEC. 7. PIPELINES CROSSING STREAMBEDS. None of the provisions of this Act, including the amendments made by this Act, shall be construed to limit the authority of the Administrator of the Environmental Protection Agency, as in effect on the day before the date of enactment of this Act, to regulate a pipeline that crosses a streambed. SEC. 8. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity.-- (1) Analysis.--Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any covered action, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection.--A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered action.--The term ``covered action'' means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.): (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact.--The term ``more than a de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.

Clean Water Cooperative Federalism Act of 2011 [sic] - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: (1) promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; (2) taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; (3) withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; and (4) prohibiting the specification of any defined area as a disposal site for the discharge of dredged or fill material into navigable waters and denying or restricting the use of such area as a disposal site in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas. Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application. Applies this Act to actions taken on or after this Act's date of enactment, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated. Requires the Administrator to report on any increase or reduction in waterborne pathogenic microorganisms (including protozoa, viruses, bacteria, and parasites), toxic chemicals, or toxic metals (such as lead and mercury) in waters regulated by a state under this Act. Prohibits this Act from being construed to limit the authority of the Administrator to regulate a pipeline that crosses a streambed. Requires the Administrator, before issuing a regulation, policy statement, guidance, response to a petition, or other requirement or implementing a new or substantially altered program under this Act, to analyze the impact, disaggregated by state, of such action on employment levels and economic activity. Directs the Administrator to: (1) post such analysis on EPA's website; (2) request that the governor of any state experiencing more than a de minimis negative impact on employment levels or economic activity (a loss of more than 100 jobs or a decrease in economic activity of more than $1 million) post such analysis in the state's Capitol; (3) hold a public hearing in each state where such action will have more than a de minimis negative impact; and (4) give notice of such impact to states' congressional delegations, governors, and legislatures.

{"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to preserve the authority of each State to make determinations relating to the State's water quality standards, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Academy Opportunity Act''. SEC. 2. ACADEMY NOMINATIONS. (a) Appointment.--Subsection (a) of section 182 of title 14, United States Code, is amended to read as follows: ``(a) Nominations.-- ``(1) Congressional nominations.-- ``(A) Appointment requirement.--Half of each incoming class of the Academy shall be composed of cadets nominated by the following: ``(i) The Vice President or, if there is no Vice President, by the President pro tempore of the Senate. ``(ii) A Senator. ``(iii) A Member of the House of Representatives. ``(iv) The Delegate to Congress from the District of Columbia, the Delegate to Congress from the Virgin Islands, the Resident Commissioner from Puerto Rico, the Delegate to Congress from Guam, the Delegate to Congress from American Samoa, or the Delegate to Congress from the Commonwealth of the Northern Mariana Islands. ``(B) Nominees.--Each Senator, Member of the House of Representatives, and Delegate to Congress, including such Resident Commissioner, is entitled to nominate 3 persons each year. Cadets who do not graduate on time shall not count against the allocations pursuant to clauses (i) through (iv) of subparagraph (A). ``(2) Qualification requirements.--An individual shall be qualified for nomination, selection, and appointment as a cadet at the Academy only if the individual-- ``(A) is a citizen or national of the United States; and ``(B) meets such minimum requirements that the Secretary may establish. ``(3) Nomination information.--The Superintendent shall furnish to any Member of Congress, upon the written request of such Member, the name of the Member of Congress or other nominating authority responsible for the nomination of any named or identified person for appointment to the Academy.''. (b) Application.--The amendment made by subsection (a)-- (1) shall apply beginning with academic program year 2017, subject to subsection (c), and with respect to each academic program year thereafter; and (2) shall not affect the application of section 182 of title 14, United States Code, as in effect before the enactment of this section, with respect to appointment of cadets who will matriculate to the Coast Guard Academy before such academic program year. (c) Transition.-- (1) Nominations.--Notwithstanding the amendment made by subsection (a), with respect to the nomination of individuals pursuant to section 182 of title 14, United States Code, as amended by such subsection, who will matriculate to the Coast Guard Academy in academic program year 2017, not less than 25 percent of the class shall be from nominations made pursuant to clauses (i) through (iv) of subsection (a)(1)(A) of such section 182 (as amended by subsection (a) of this section). (2) Additional action.--The Secretary (as that term is used in that section) may take any additional action the Secretary believes necessary and proper to provide for the transition to the nomination, selection, and appointment process provided under this section. SEC. 3. COMPREHENSIVE STRATEGY. (a) Strategy Required.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890B. COMPREHENSIVE STRATEGY FOR COAST GUARD OUTREACH AND RECRUITMENT. ``(a) Comprehensive Strategy Required.--The Secretary, acting through the Chief Human Capital Officer, shall issue a comprehensive strategy to improve outreach and recruitment to attract candidates to the Coast Guard Academy. ``(b) Implementation.--The Commandant of the Coast Guard, or the Commandant's designee, in consultation with the Chief Human Capital Officer, shall implement the strategy issued under subsection (a). ``(c) Annual Report.--Beginning in 2017 and annually thereafter, the Commandant of the Coast Guard, in consultation with the Chief Human Capital Officer, shall provide a report to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes-- ``(1) general information on implementation of the comprehensive strategy required by this section; ``(2) specific information on Coast Guard outreach and recruitment activities for the preceding year; and ``(3) enrollment information about the incoming class that, to the extent practicable, includes information on age, gender, ethnicity, religion, and State of residence.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 890B. Comprehensive strategy for Coast Guard outreach and recruitment.''. (c) GAO Review.--Not later than 1 year after the date of the issuance of the comprehensive strategy required by the amendment made by subsection (a), the Comptroller General of the United States shall report to the Congress on implementation of the comprehensive strategy and the extent to which such activities are effective at reaching a broad population of potentially qualified Academy applicants.

Coast Guard Academy Opportunity Act Modifies the Coast Guard Academy cadet nomination process by requiring that half of each incoming class be composed of cadets nominated by: (1) the Vice President or, if there is no Vice President, the President pro tempore of the Senate; (2) a Senator; (3) a Member of the House of Representatives; and (4) the various delegates to Congress, including the Resident Commissioner from Puerto Rico. Entitles each Senator, House Member, Delegate, and Resident Commissioner to nominate three persons each year. Requires nominees to be citizens or nationals of the United States and meet any minimum requirements established by the Secretary of the respective department in which the Coast Guard is operating. Directs the Academy to furnish any Member of Congress, upon written request, the name of the nominating authority responsible for the nomination of any named or identified person for appointment to the Academy. Amends the Homeland Security Act of 2002 to direct the Department of Homeland Security, acting through the Chief Human Capital Officer, to issue a comprehensive strategy to improve outreach and recruitment to attract candidates to the Academy.

{"src": "billsum_train", "title": "Coast Guard Academy Opportunity Act"}

SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF ENTRY. Section 13(a) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Whoever with a drug or alcohol in his or her body operates a motor vehicle at a land border port of entry in a manner that is punishable, because of the presence of the drug or alcohol, if committed within the jurisdiction of the State in which that land border port of entry is located (under the laws of that State in force at the time of the act) shall be guilty of a like offense and subject to a like punishment. ``(3) Any individual who operates a motor vehicle at a land border port of entry is deemed to have given consent to submit to a chemical or other test of the blood, breath, or urine of the driver by an officer or employee of the Immigration and Naturalization Service authorized under section 287(h) of the Immigration and Nationality Act (8 U.S.C. 1357(h)) for the purpose of determining the presence or concentration of a drug or alcohol in such blood, breath, or urine. ``(4) If an individual refuses to submit to such a test after being advised by the officer or employee that the refusal will result in notification under this paragraph, the Attorney General shall give notice of the refusal to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(5) The Attorney General shall give notice of a conviction of an individual under this section for operation of a motor vehicle at a land border port of entry with a drug or alcohol in the body of the individual, to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(6) For purposes of this subsection, the term `land border port of entry' means any land border port of entry (as defined in section 287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3))) that was not reserved or acquired as provided in section 7 of this title.''. SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR ALCOHOL. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(h)(1) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General is inspecting a driver at a land border port of entry and has reasonable grounds to believe that, because of alcohol in the body of the driver, operation of a motor vehicle by the driver is an offense under section 13 of title 18, United States Code, the officer or employee may require the driver to submit to a test of the breath of the driver to determine the presence or concentration of the alcohol. ``(2) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General arrests a driver under this section for operation of a motor vehicle in violation of section 13 of title 18, United States Code, because of a drug or alcohol in the body of the driver, the officer or employee may require the driver to submit to a chemical or other test to determine the presence or concentration of the drug or alcohol in the blood, breath, or urine of the driver. ``(3) For purposes of this subsection: ``(A) The term `driver' means an individual who is operating a motor vehicle at a land border port of entry. ``(B) The term `land border port of entry' means any immigration checkpoint operated by the Immigration and Naturalization Service at a land border between a State (as that term is used in section 13 of title 18, United States Code) and a foreign state.''. SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 294 (8 U.S.C. 1363a) the following: ``notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol ``Sec. 295. At each point where motor vehicles regularly enter a land border port of entry (as defined in section 287(h)(3)), the Attorney General shall post a notice that operation of a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry is an offense under Federal law.''. (b) Clerical Amendment.--The first section of the Immigration and Nationality Act is amended in the table of contents by inserting after the item relating to section 294 the following: ``Sec. 295. Notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol.''. SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG OR ALCOHOL. Not more than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations authorizing an officer or employee of the Immigration and Naturalization Service to impound a vehicle operated at a land border port of entry, if-- (1) the individual who operates the vehicle refuses to submit to a chemical or other test under section 13(a)(3) of title 18, United States Code; and (2) the impoundment is not inconsistent with the laws of the State in which the port of entry is located. SEC. 5. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. Passed the House of Representatives October 16, 2002. Attest: Clerk.

(Sec. 1) Amends the Federal criminal code to prohibit any person from operating a motor vehicle at a land border port of entry with a drug or alcohol in his or her body in violation of applicable State law. Deems any individual who operates a motor vehicle at a land border port of entry to have given consent to submit to a blood, breath, or urine test for drugs or alcohol by an Immigration and Naturalization Service (INS) officer. Directs the Attorney General to notify an individual's State (or foreign state) of motor vehicle licensing or residence of an individual's: (1) refusal to submit to testing; and (2) conviction for violating this section.(Sec. 2) Amends the Immigration and Nationality Act to authorize an INS officer who: (1) has reasonable grounds to believe that a driver at a land border port of entry may be operating a motor vehicle under the influence of alcohol to require the driver to submit to a breath test; and (2) arrests a driver for operation of a motor vehicle under the influence of drugs or alcohol to require the driver to submit to a blood, breath, or urine test.(Sec. 3) Requires the Attorney General to post notice at each land border port of entry that operation of a motor vehicle with a drug or alcohol in the driver's body at such port of entry is a Federal offense.(Sec. 4) Requires the Attorney General to issue regulations authorizing an INS officer to impound a vehicle operated at a land border port of entry if: (1) the driver refuses to submit to a chemical or other test; and (2) the impoundment is not inconsistent with the laws of the State in which the port of entry is located.

{"src": "billsum_train", "title": "To amend title 18, United States Code, to make it illegal to operate a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transitional Federal Medical Assistance Percentage Act''. SEC. 2. EXTENSION OF ARRA INCREASE IN FMAP. Section 5001 of ARRA is amended-- (1) in subsection (a)(3), by striking ``first calendar quarter'' and inserting ``first 3 calendar quarters''; (2) in subsection (b)(2), by inserting before the period at the end the following: ``and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010''; (3) in subsection (d), by inserting ``ending before October 1, 2010'' after ``entire fiscal years'' and after ``with respect to fiscal years''; (4) in subsection (g)(1), by striking ``September 30, 2011'' and inserting ``December 31, 2011''; and (5) in subsection (h)(3), by striking ``December 31, 2010'' and inserting ``June 30, 2011''. SEC. 3. ARRA TRANSITIONAL ASSISTANCE PERIOD. For each fiscal quarter occurring during the period beginning on July 1, 2011, and ending on December 31, 2013 (referred to in this Act as the ``ARRA transitional assistance period''), a State's FMAP shall be equal to the sum of-- (1) the adjusted base FMAP (as determined under section 4(a)(1)); (2) the general FMAP adjustment (as determined under section 4(a)(2)); and (3) the unemployment FMAP adjustment (as determined under section 4(a)(3)). SEC. 4. ADJUSTMENTS TO FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) Determination of Adjusted FMAP.-- (1) Adjusted base fmap.-- (A) In general.--Subject to subparagraph (B), the adjusted base FMAP is determined as follows: (i) For the fourth quarter of fiscal year 2011, the FMAP that would have applied to the State under section 5001(a) of ARRA (assuming that such section applied) for such fiscal quarter minus 2 percentage points. (ii) For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, the FMAP as determined under this paragraph for the preceding fiscal quarter minus 2 percentage points. (B) Elimination of negative adjustment.--If the adjusted base FMAP applicable to a State under this paragraph for any fiscal quarter occurring during the ARRA transitional assistance period would be less than the FMAP determined for the State for such quarter without regard to this paragraph, this paragraph shall not apply to such State. (2) General fmap adjustment.--The general FMAP adjustment shall be equal to the following: (A) For the fourth quarter of fiscal year 2011, 5.7 percentage points. (B) For the first quarter of fiscal year 2012, 4.95 percentage points. (C) For the second quarter of fiscal year 2012, 3.95 percentage points. (D) For the third quarter of fiscal year 2012, 2.7 percentage points. (E) For the fourth quarter of fiscal year 2012, 1.2 percentage points. (F) For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, 0.2 percentage points. (3) Unemployment fmap adjustment.-- (A) In general.--Subject to subparagraphs (C) and (D), the unemployment FMAP adjustment shall be equal to the increase in the State's FMAP that would have applied to the State under section 5001(c) of ARRA (assuming that such section applied) for such fiscal quarter minus the applicable reduction amount (as described under subparagraph (B)). (B) Applicable reduction amount.--For purposes of subparagraph (A), the applicable reduction amount shall be equal to the following: (i) For the fourth fiscal quarter of fiscal year 2011, 0.20 percentage points. (ii) For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, the sum of-- (I) the applicable reduction amount for the preceding fiscal quarter; and (II) 0.05 percentage points. (C) Elimination of negative adjustment.--If the unemployment FMAP adjustment applicable to a State under this paragraph for any fiscal quarter during the ARRA transitional assistance period would be less than zero, this paragraph shall not apply to such State. (D) Special rule.-- (i) In general.--For purposes of subparagraph (A), with respect to the computation of the state unemployment increase percentage (as described under section 5001(c)(4) of ARRA) for the last 2 fiscal quarters of the ARRA transitional assistance period, the most recent previous 3-consecutive- month period (as described under section 5001(c)(4)(A)(i) of ARRA) shall be the 3- consecutive-month period beginning with December 2012, or, if it results in a higher applicable percent under section 5001(c)(3) of ARRA, the 3-consecutive-month period beginning with January 2013. (ii) Repeal of special rule under arra for last 2 calendar quarters of the recession adjustment period.--Section 5001(c)(4) of ARRA is amended by striking subparagraph (C) and inserting the following: ``(C) Special rule.--With respect to the first 2 calendar quarters of the recession adjustment period, the most recent previous 3-consecutive-month period described in subparagraph (A)(i) shall be the 3- consecutive-month period beginning with October 2008.''. (b) Scope of Application.--The adjustments in the FMAP for a State under this section shall apply for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); (2) payments under title IV of such Act (42 U.S.C. 601 et seq.) (except that the increases under paragraphs (1) and (2) of subsection (a) shall apply to payments under part E of title IV of such Act (42 U.S.C. 670 et seq.) and, for purposes of the application of this section to the District of Columbia, payments under such part shall be deemed to be made on the basis of the FMAP applied with respect to such District for purposes of title XIX and as increased under subsection (a)(2)); (3) any payments under title XXI of such Act (42 U.S.C. 1397aa et seq.); (4) any payments under title XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)); or (5) any payments under title XIX of such Act that are attributable to expenditures for medical assistance provided to individuals made eligible under a State plan under title XIX of the Social Security Act (including under any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) because of income standards (expressed as a percentage of the poverty line) for eligibility for medical assistance that are higher than the income standards (as so expressed) for such eligibility as in effect on July 1, 2008, (including as such standards were proposed to be in effect under a State law enacted but not effective as of such date or a State plan amendment or waiver request under title XIX of such Act that was pending approval on such date). (c) State Ineligibility; Limitation; Special Rules.-- (1) Maintenance of eligibility requirements.-- (A) In general.--Subject to subparagraph (B) and (C), a State is not eligible for an increase in its FMAP under subsection (a) if eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008. (B) State reinstatement of eligibility permitted.-- Subject to subparagraph (C), a State that has restricted eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after July 1, 2008, is no longer ineligible under subparagraph (A) beginning with the first calendar quarter in which the State has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008. (C) Special rules.--A State shall not be ineligible under subparagraph (A)-- (i) for the fiscal quarters before October 1, 2011, on the basis of a restriction that was applied after July 1, 2008, and before the date of the enactment of this Act, if the State prior to October 1, 2011, has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008; or (ii) on the basis of a restriction that was directed to be made under State law as in effect on July 1, 2008, and would have been in effect as of such date, but for a delay in the effective date of a waiver under section 1115 of such Act with respect to such restriction. (2) Compliance with prompt pay requirements.-- (A) Application to practitioners.-- (i) In general.--Subject to the succeeding provisions of this subparagraph, no State shall be eligible for an increased FMAP rate as provided under this section for any claim received by a State from a practitioner subject to the terms of section 1902(a)(37)(A) of the Social Security Act (42 U.S.C. 1396a(a)(37)(A)) for such days during any period in which that State has failed to pay claims in accordance with such section as applied under title XIX of such Act. (ii) Reporting requirement.--Each State shall report to the Secretary, on a quarterly basis, its compliance with the requirements of clause (i) as such requirements pertain to claims made for covered services during each month of the preceding quarter. (iii) Waiver authority.--The Secretary may waive the application of clause (i) to a State, or the reporting requirement imposed under clause (ii), during any period in which there are exigent circumstances, including natural disasters, that prevent the timely processing of claims or the submission of such a report. (iv) Application to claims.--Clauses (i) and (ii) shall only apply to claims made for covered services after the date of enactment of this Act. (B) Application to nursing facilities and hospitals.--The provisions of subparagraph (A) shall apply with respect to a nursing facility or hospital, insofar as it is paid under title XIX of the Social Security Act on the basis of submission of claims, in the same or similar manner (but within the same timeframe) as such provisions apply to practitioners described in such subparagraph. (3) State's application toward rainy day fund.--A State is not eligible for an increase in its FMAP under paragraphs (2) or (3) of subsection (a) if any amounts attributable (directly or indirectly) to such increase are deposited or credited into any reserve or rainy day fund of the State. (4) No waiver authority.--Except as provided in paragraph (2)(A)(iii), the Secretary may not waive the application of this subsection or subsection (d) under section 1115 of the Social Security Act or otherwise. (5) Limitation of fmap to 100 percent.--In no case shall an increase in FMAP under this section result in an FMAP that exceeds 100 percent. (d) Requirements.-- (1) State reports.--Each State that is paid additional Federal funds as a result of this section shall, not later than September 30, 2014, submit a report to the Secretary, in such form and such manner as the Secretary shall determine, regarding how the additional Federal funds were expended. (2) Additional requirement for certain states.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State Medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State is not eligible for an increase in its FMAP under paragraphs (2) or (3) of subsection (a) if it requires that such political subdivisions pay for quarters during the ARRA transitional assistance period a greater percentage of the non-Federal share of such expenditures, or a greater percentage of the non-Federal share of payments under section 1923, than the respective percentage that would have been required by the State under such plan on September 30, 2008, prior to application of this section. (e) Definitions.--In this Act, except as otherwise provided: (1) ARRA.--The term ``ARRA'' means the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140). (2) FMAP.--The term ``FMAP''' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), as determined without regard to this section except as otherwise specified. (3) Poverty line.--The term ``poverty line'' has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' has the meaning given such term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (f) Sunset.--This section shall not apply to items and services furnished after the end of the ARRA transitional assistance period.

Transitional Federal Medical Assistance Percentage Act - Amends the American Recovery and Reinvestment Act of 2009 to extend the increase in the federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act. Extends the entire recession adjustment period from December 31, 2010, through June 30, 2011. Provides for adjusted FMAP percentage rates during a transitional assistance period from July 1, 2011, through December 31, 2013. Prescribes formulae for determining the adjusted FMAP through FY2012 and subsequent fiscal year quarters.

{"src": "billsum_train", "title": "To provide adjusted Federal medical assistance percentage rates during a transitional assistance period."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Efficiency, Effectiveness, and Accountability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) inefficiency, ineffectiveness, and unaccountability in Federal programs undermines the confidence of the American people in the Government and reduces the Federal Government's ability to adequately address vital public needs; (2) insufficient information on program performance seriously disadvantages Federal managers in their efforts to improve program efficiency, effectiveness, and accountability; (3) congressional policy making, spending decisions, and program oversight are handicapped by insufficient attention to program performance and results; (4) programs performing similar or duplicative functions that exist within a single agency or across multiple agencies should be identified and their performance and results shared among all such programs to improve their performance and results; (5) advocates of good government continue to seek ways to improve efficiency, effectiveness, and accountability; focus on results; and integrate the performance of programs with decisions about budgets; (6) with the passage of the Government Performance and Results Act of 1993, the Congress directed the executive branch to seek improvements in the effectiveness, efficiency, and accountability of Federal programs by having agencies focus on program results; and (7) the Government Performance and Results Act of 1993 provided a strong framework for the executive branch to monitor the long-term goals and annual performance of its departments and agencies. SEC. 3. SENSE OF CONGRESS REGARDING STRATEGIC AND PERFORMANCE PLANS OF THE GOVERNMENT. It is the sense of Congress that-- (1) the President should establish a government-wide strategic plan and a government-wide performance plan; and (2) the head of each Federal agency should consult with the committees with jurisdiction over the agency and other interested members of Congress at the beginning of each Congress regarding the performance plan of the agency (required by section 1115 of title 31, United States Code). SEC. 4. PURPOSES. The purposes of this Act are-- (1) to improve the Government Performance and Results Act of 1993 by implementing a program assessment and evaluation process that attempts to determine the strengths and weaknesses of Federal programs with a particular focus on the efficiency, effectiveness, and accountability of Federal programs and to identify programs that have missions or outcomes that are duplicative; (2) to use the information gathered in the assessment and evaluation process to build on the groundwork laid in the Government Performance and Results Act of 1993 to help the executive branch make informed management decisions and results-based funding requests aimed at achieving positive results; (3) to provide congressional policy makers the information needed to conduct more effective oversight, to make better- informed authorization decisions, and to make more results- based spending decisions that achieve positive results for the American people; (4) to encourage the wise expenditure of funds on the most effective Federal programs in an effort to save money; (5) to eliminate Federal programs subject to waste, fraud, and abuse; (6) to identify best practices in Federal programs for allocating resources in an efficient and effective manner; (7) to provide agencies with the information needed to track low-performing programs; and (8) to provide agencies with the information needed to quickly respond to poor performance of agency programs. SEC. 5. PROGRAM ASSESSMENT. (a) Requirement for Program Assessments.--Chapter 11 of title 31, United States Code, as amended by the Government Performance and Results Act of 1993, is amended by adding at the end the following new section: ``Sec. 1120. Program assessment ``(a) Assessment.--The head of each Federal agency, in consultation with the Director of the Office of Management and Budget, shall, to the maximum extent practicable, conduct an assessment of each program of the agency at least once every 5 fiscal years. ``(b) Assessment Requirements.--In conducting an assessment of a program under subsection (a), the head of a Federal agency, in consultation with the Director of the Office of Management and Budget, shall-- ``(1) coordinate to determine the programs to be assessed; and ``(2) evaluate the purpose, design, strategic plan, management, efficiency, effectiveness, accountability, performance measures, and results of the program, and such other matters as the head of the agency considers appropriate. ``(c) Additional Requirements.--After a fiscal year during which one or more programs of a Federal agency have been assessed under subsection (a), the head of the agency shall-- ``(1) determine how the information gathered from the assessments can help save taxpayers money; ``(2) with respect to any assessed programs that have duplicative outcomes or missions, develop a plan for merging the programs to make them more effective and to save money; ``(3) identify, within any program assessed, the best practices conducted in the program for allocating resources in an efficient and effective manner that resulted in positive outcomes, and the key reasons why such practices resulted in positive outcomes; and ``(4) determine the level of performance of any program assessed, determine the reasons for any substantial variation from the targeted level of performance of the program, and develop a quick response to improve any low-performing program. ``(d) Criteria for Identifying Programs to Assess.--The head of each Federal agency, in consultation with the Director of the Office of Management and Budget, shall develop criteria for identifying programs to be assessed within the agency each fiscal year. In developing the criteria, the head of the agency shall take into account the advantages of assessing during the same fiscal year any programs that are performing similar functions, have similar purposes, share common goals, or have similar outcomes. ``(e) Criteria for More Frequent Assessments.--The head of each Federal agency, in consultation with the Director of the Office of Management and Budget, shall make every effort to assess programs more frequently than required under subsection (a) in cases in which programs are determined to be of higher priority, special circumstances exist, improvements have been made, or the head of the agency and the Director determine that more frequent assessment is warranted. ``(f) Cross-Referencing System.--The Direction of the Office of Management and Budget shall develop a government-wide system to cross reference programs within each Federal agency for the following purposes: ``(1) To enable the identification of programs with missions and outcomes that are duplicative. ``(2) To identify best practices within the programs for allocating resources in an efficient and effective manner. ``(3) To make the programs more effective and efficient. ``(4) To save money. ``(g) Notice and Comment Requirement.--At the beginning of each fiscal year, the Director of the Office of Management and Budget shall, by publication in the Federal Register, provide notice and an opportunity for public comment on a detailed description in draft form of each program to be assessed in that fiscal year by Federal agencies, the performance goals in draft form for each such program, and the criteria in draft form that will be used to evaluate each such program. Upon conclusion of the comment period, which shall be at least 60 days, the Director shall publish in the Federal Register a final detailed description of each program to be assessed in that fiscal year, the final performance goals for each such program, and the final criteria that will be used to evaluate each such program, including a summary of all public comments and their disposition. ``(h) Report.--(1) The results of the assessments conducted during a fiscal year shall be submitted in a report to Congress at the same time that the President submits the next budget under section 1105 of this title after the end of that fiscal year. ``(2) The report shall-- ``(A) include the performance goals and performance measures for each program assessment; ``(B) specify the criteria used for each assessment; ``(C) describe the results of each assessment, including any significant limitation in the assessments; ``(D) describe significant modifications to the Federal Government performance plan required under section 1105(a)(28) of this title made as a result of the assessments; ``(E) describe best practices identified during program assessments for allocating resources in an efficient and effective manner; ``(F) include recommendations for the resources necessary to improve any low performing programs; ``(G) include a summary of the actions taken by the head of the Federal agency under subsection (c) with respect to program assessments conducted by that agency, including a summary of any plan for merging programs and for quickly responding to improve a low-performing program; and ``(H) be available in electronic form through the Office of Management and Budget website or any successor website. ``(i) Classified Information.--(1) With respect to program assessments conducted during a fiscal year that contain classified information, the President shall submit on the same date as the report is submitted under subsection (f)-- ``(A) a copy of each such assessment (including the classified information), to the appropriate committees of jurisdiction of the House of Representatives and the Senate; and ``(B) consistent with statutory law governing the disclosure of classified information, an appendix containing a list of each such assessment and the committees to which a copy of the assessment was submitted under subparagraph (A), to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate. ``(2) Upon request from the Committee on Government Reform of the House of Representatives or the Committee on Governmental Affairs of the Senate, the Director of the Office of Management and Budget shall, consistent with statutory law governing the disclosure of classified information, provide to the Committee a copy of-- ``(A) any assessment described in subparagraph (A) of paragraph (1) (including any assessment not listed in any appendix submitted under subparagraph (B) of such paragraph); and ``(B) any appendix described in subparagraph (B) of paragraph (1). ``(3) In this subsection, the term `classified information' refers to matters described in section 552(b)(1)(A) of title 5. ``(j) Inherently Governmental Functions.--The functions and activities authorized or required by this section shall be considered inherently governmental functions and shall be performed only by Federal employees. ``(k) Quality Control and Certification of Data.--The Director of the Office of Managment and Budget, in consultation with the heads of Federal agencies, shall develop a process for controlling the quality of data produced from the conduct of assessments under this section and shall certify the quality of such data. ``(l) Termination.--The requirements of this section shall terminate on September 30, 2017.''. (b) Guidance.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe guidance to implement the requirements of section 1120 of title 31, United States Code, as added by subsection (a), including guidance on a definition of the term ``program''. (c) Conforming and Clerical Amendments.-- (1) Section 1115(g) of title 31, United States Code, is amended by striking ``1119'' and inserting ``1120''. (2) The table of sections at the beginning of chapter 11 of title 31, United States Code, is amended by adding at the end the following: ``1120. Program assessment.''. SEC. 6. STRATEGIC PLANNING AMENDMENTS. (a) Change in Deadline for Strategic Plan.--Subsection (a) of section 306 of title 5, United States Code, is amended by striking ``No later than September 30, 1997,'' and inserting ``Not later than September 30 of each year following a year in which an election for President occurs, beginning with September 30, 2009,''. (b) Change in Period of Coverage of Strategic Plan.--Subsection (b) of section 306 of title 5, United States Code, is amended to read as follows: ``(b) Each strategic plan shall cover the 4-year period beginning on October 1 of the year following a year in which an election for President occurs.''.

Government Efficiency, Effectiveness, and Accountability Act - Expresses the sense of Congress that: (1) the President should establish government-wide strategic and performance plans; and (2) each federal agency head should consult with the congressional committees with jurisdiction over the agency at the beginning of each Congress regarding the agency's performance plan. Requires each agency head to: (1) conduct an assessment of each agency program at least once every five fiscal years; (2) determine how assessment information can help save taxpayers money; (3) develop a plan for merging programs with duplicative missions; (3) identify program best practices for allocating resources; and (4) determine program performance levels and ways to improve low performance. Requires assessment results and resulting agency actions to be submitted in a report to Congress at the same time the President submits the annual federal budget. Requires the Director of the Office of Management and Budget (OMB) to: (1) develop a government-wide system to cross reference programs within each agency to make programs more effective and efficient; (2) provide notice of, and an opportunity for public comment on, each program to be assessed; and (3) develop a process for controlling the quality of program assessment data and certify the quality of such data. Changes: (1) the date by which the heads of each federal agency are required to submit strategic plans for program activities to September 30 of each year following a presidential election; and (2) the period of coverage for strategic plans from five to four years.

{"src": "billsum_train", "title": "To provide for the evaluation of Government programs for efficiency, effectiveness, and accountability."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Small Business and Industry Partnership Enhancement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) partnerships between contractor-operated facilities of the Department of Energy and small businesses can enhance growth of competitive small business opportunities; (2) the contractor-operated facilities represent a national resource in science and technology; (3) capacity for innovation in the United States is enhanced when the capabilities of the contractor-operated facilities are engaged with other providers and users of the Nation's science and technology base; (4) contributors to the Nation's science and technology delivery system, Federal agencies, private industry, universities, and the contractor-operated facilities can best perform their missions through partnerships and interactions that leverage the resources of each such entity; (5) interactions of the contractor-operated facilities with industry and universities serve to-- (A) expand the technology base available for missions of the Department of Energy; and (B) instill sound business practices in the contractor-operated facilities to enable cost-effective realization of the Federal missions of the facilities; (6) the contractor-operated facilities benefit from university interactions through access to leading edge research and through recruitment of the talent needed to pursue the missions of the facilities; (7) industry can improve products and processes leading to an enhanced competitive position through simplified access to the science and technology developed by the contractor-operated facilities; and (8) other Federal agencies can advance their own missions by using capabilities developed within the contractor-operated facilities. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the ability of small businesses, Federal agencies, industry, and universities to work with the contractor-operated facilities of the Department of Energy while ensuring full cost recovery of each contractor-operated facility's expenses incurred in such work; (2) to encourage the contractor-operated facilities to expand their partnerships with universities and industries; and (3) to expand interactions of contractor-operated facilities with small businesses so as to-- (A) encourage commercial evaluation and development of the science and technology base of the contractor- operated facilities; and (B) provide technical assistance to small businesses. SEC. 4. CONTRACT RESEARCH SERVICES. Section 31a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) areas of technology within the mission of the Department of Energy as authorized by law.''. SEC. 5. COST RECOVERY. Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 2053) is amended-- (1) by striking ``Sec. 33. Research for Others.--Where'' and inserting the following: ``SEC. 33. RESEARCH FOR OTHERS. ``(a) In General.--Where''; and (2) by striking the last sentence and inserting the following: ``(b) Cost Recovery.-- ``(1) In general.--In carrying out subsection (a), the Secretary of Energy shall not recover more than the full cost of work incurred at contractor-operated facilities of the Department of Energy. ``(2) Administrative costs.--Any costs incurred by the Department of Energy in connection with work performed by contractor-operated facilities of the Department of Energy shall be funded from departmental administration accounts of the Department of Energy. ``(3) Charges.--For work performed for a person other than the Department of Energy (including non-Federal entities and Federal agencies other than the Department of Energy) (referred to in this paragraph as an `external customer'), a contractor- operated facility may assess a charge in an amount that does not exceed the sum of-- ``(A) the direct cost to the contractor in performing the work for the external customer; and ``(B) a pro rata share of overhead charges for overhead-funded services directly required for performance of the specific work for external customers as a whole or to a category of external customers that includes the external customer.''. SEC. 6. PARTNERSHIPS WITH UNIVERSITIES AND INDUSTRY. (a) In General.--Chapter 4 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2051 et seq.) is amended by adding at the end the following: ``SEC. 34. CONTRACTOR-OPERATED FACILITIES OF THE DEPARTMENT OF ENERGY. ``(a) Metrics.-- ``(1) Definition of metrics.--In this subsection, the term `metrics' means a system of measurements to determine levels of specific areas of performance. ``(2) Inclusion in contracts.--Metrics-- ``(A) shall be developed jointly by the Secretary of Energy and each contractor operating a facility of the Department of Energy to ensure that realistic goals are established that are directly supportive of the mission and responsibilities of the contractor-operated facility; ``(B) shall be specified in the contract for operation of the facility; and ``(C) shall be used to evaluate the effectiveness of partnership development by the facility. ``(b) Partnerships and Interactions.-- ``(1) Encouragement of partnerships and interactions.--The Secretary of Energy shall encourage partnerships and interactions with universities and private industry at each contractor-operated facility. ``(2) Component of performance evaluations.--The development and expansion of partnerships and interactions with universities and private industry shall be a component in evaluating the annual performance of each contractor-operated facility. ``(c) Small Business Technology Partnership Program.-- ``(1) In general.--The Secretary of Energy shall require that each contractor operating a facility of the Department of Energy create a small business technology partnership program at each contractor-operated facility. ``(2) Funding level.--A contractor may spend not more than 0.25 percent of the total operating budget of a contractor- operated facility on the program. ``(3) Evaluations.--The Secretary shall annually evaluate the effectiveness of the program with each contractor to ensure that the program is providing opportunities for small businesses to interact with and use the resources of each contractor-operated facility. ``(4) Use of funds.--Funds from the program-- ``(A) shall be used to cover a contractor-operated facility's costs of interactions with small businesses; and ``(B) shall not be used for direct monetary grants to small businesses.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the items relating to chapter 4 of title I the following: ``Sec. 34. Contractor-operated facilities of the Department of Energy.''.

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.

{"src": "billsum_train", "title": "Department of Energy Small Business and Industry Partnership Enhancement Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Border Health Commission Act''. SEC. 2. ESTABLISHMENT OF BORDER HEALTH COMMISSION. The President is authorized and encouraged to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. SEC. 3. DUTIES. It should be the duty of the Commission-- (1) to conduct a comprehensive needs assessment in the United States-Mexico Border Area for the purposes of identifying, evaluating, preventing, and resolving health problems and potential health problems that affect the general population of the area; (2) to implement the actions recommended by the needs assessment through-- (A) assisting in the coordination and implementation of the efforts of public and private entities to prevent and resolve such health problems, and (B) assisting in the coordination and implementation of efforts of public and private entities to educate such population, in a culturally competent manner, concerning such health problems; and (3) to formulate recommendations to the Governments of the United States and Mexico concerning a fair and reasonable method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service that the entity furnishes to a citizen of the first country who is unable, through insurance or otherwise, to pay for the service. SEC. 4. OTHER AUTHORIZED FUNCTIONS. In addition to the duties described in section 3, the Commission should be authorized to perform the following functions as the Commission determines to be appropriate-- (1) to conduct or support investigations, research, or studies designed to identify, study, and monitor, on an on-going basis, health problems that affect the general population in the United States-Mexico Border Area; (2) to conduct or support a binational, public-private effort to establish a comprehensive and coordinated system, which uses advanced technologies to the maximum extent possible, for gathering health-related data and monitoring health problems in the United States-Mexico Border Area; and (3) to provide financial, technical, or administrative assistance to public or private nonprofit entities who act to prevent or resolve such problems or who educate the population concerning such health problems. SEC. 5. MEMBERSHIP. (a) Number and Appointment of United States Section.--The United States section of the Commission should be composed of 13 members. The section should consist of the following members: (1) The Secretary of Health and Human Services or the Secretary's delegate. (2) The commissioners of health or chief health officer from the States of Texas, New Mexico, Arizona, and California or such commissioners' delegates. (3) Two individuals residing in United States-Mexico Border Area in each of the States of Texas, New Mexico, Arizona, and California who are nominated by the chief executive officer of the respective States and appointed by the President from among individuals who have demonstrated ties to community-based organizations and have demonstrated interest and expertise in health issues of the United States-Mexico Border Area. (b) Commissioner.--The Commissioner of the United States section of the Commission should be the Secretary of Health and Human Services or such individual's delegate to the Commission. The Commissioner should be the leader of the section. (c) Compensation.--Members of the United States section of the Commission who are not employees of the United States or any State-- (1) shall each receive compensation at a rate of not to exceed the daily equivalent of the annual rate of basic pay payable for positions at GS-15 of the General Schedule under section 5332 of title 5, United States Code, for each day such member is engaged in the actual performance of the duties of the Commission; and (2) 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 of the Commission. SEC. 6. REGIONAL OFFICES. The Commission may designate or establish one border health office in each of the States of Texas, New Mexico, Arizona, and California. Such office should be located within the United States-Mexico Border Area, and should be coordinated with-- (1) State border health offices; and (2) local nonprofit organizations designated by the State's chief executive officer and directly involved in border health issues. If feasible to avoid duplicative efforts, the Commission offices should be located in existing State or local nonprofit offices. The Commission should provide adequate compensation for cooperative efforts and resources. SEC. 7. REPORTS. Not later than February 1 of each year that occurs more than 1 year after the date of the establishment of the Commission, the Commission should submit an annual report to both the United States Government and the Government of Mexico regarding all activities of the Commission during the preceding calendar year. SEC. 8. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the United States-Mexico Border Health Commission. (2) Health problem.--The term ``health problem'' means a disease or medical ailment or an environmental condition that poses the risk of disease or medical ailment. The term includes diseases, ailments, or risks of disease or ailment caused by or related to environmental factors, control of animals and rabies, control of insect and rodent vectors, disposal of solid and hazardous waste, and control and monitoring of air quality. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) United states-mexico border area.--The term ``United States-Mexico Border Area'' means the area located in the United States and Mexico within 100 kilometers of the border between the United States and Mexico. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States-Mexico Border Health Commission Act - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; and (2) formulate recommendations for a fair method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service. Permits the Commission to establish one border health office in each of the States of Texas, New Mexico, Arizona, and California.

{"src": "billsum_train", "title": "United States-Mexico Border Health Commission Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital TV Transition Fairness Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Communications and Information of the Department of Commerce. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Digital-to-analog converter box.--The term ``digital- to-analog converter box'' has the same meaning as in section 3005(d) of the Digital Television Transition and Public Safety Act of 2005. (4) Local market.--The term ``local market'' has the same meaning as in section 122(j) of title 17, United States Code. (5) Multichannel video programming distributor.--The term ``multichannel video programming distributor'' has the same meaning as in section 602(13) of the Communications Act of 1934. (6) Television broadcast station.--The term ``television broadcast station'' has the same meaning as in section 325(b)(7) of the Communications Act of 1934. SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM. (a) Creation of Program.--The Assistant Secretary, in coordination and consultation with the Commission, shall implement and administer a program through which households or individuals in the United States may obtain coupons that can be applied toward-- (1) the cost to install a digital-to-analog converter box; (2) the purchase of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; (3) the cost to install any antenna described in paragraph (2); and (4) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service, as such service is described in section 4. (b) Program Specifications.-- (1) Eligibility.-- (A) Household or individual.--Any household or individual that was or is eligible for a digital-to- analog converter box coupon under the coupon program established under section 3005 of the Digital Television Transition and Public Safety Act of 2005 shall be eligible to receive a coupon under the coupon program established under this section. (B) Product eligibility.--The Assistant Secretary, in consultation with the Commission, shall determine minimum standards for which types of antennas, installation providers, and other companies are eligible to participate in the coupon program established under this section. Such minimum standards shall be established not later than 30 days after the date of enactment of this Act. (C) Limitation.--No household or individual may be eligible to participate in the coupon program established under this section if-- (i) on the date of enactment of this Act, the household or individual was receiving broadcast television that it had purchased from a multichannel video programming distributor; or (ii) after the date of enactment of this Act, the household or individual purchases television broadcasts, other than basic broadcast television service described in section 4, from a multichannel video programming distributor. (2) Request.--A household or individual may obtain coupons under this section by making a request as required by the regulations implementing this section. (3) Coupon value.--The Assistant Secretary shall determine the value of any coupons issued under this section, provided that the value of any single coupon does not exceed $80. In making the determination of the value of any single coupon, the Assistant Secretary shall consider the purpose for which the requesting household or individual is requesting the coupon and the types of costs to which the coupon will be applied. (4) Duration.--All coupons issued under this section shall expire upon the later of the date of termination of the program established under this section or 90 days. (5) Termination.--The program established under this section shall terminate on the date that is 18 months after the date on which the first coupon under this section is issued. (c) Consumer Education.--The Assistant Secretary shall develop, in consultation with the Commission and broadcast and television industry representatives, an Internet website and a toll-free telephone hotline accessible to consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009. The website and telephone hotline shall provide relevant information in order to assist consumers in determining-- (1) if the purchase or installation of an outdoor or indoor antenna will assist the consumer in resolving or improving their digital television reception problems; and (2) what options are available to them should they find that purchasing an outdoor or indoor antenna will not assist in resolving or improving their digital television reception. (d) Anti-Fraud Protections.--The Assistant Secretary shall develop, in consultation with the Commission, anti-fraud measures and procedures to ensure that only eligible households and individuals receive a coupon issued under this section. (e) Reporting Requirement.-- (1) In general.--Not later than 1 month after the date of enactment of this Act, and every 7 days thereafter, the National Telecommunications and Information Administration shall make publicly available on its website the-- (A) number of requests for coupons under this section; (B) number of coupons issued under this section; (C) amount of each coupon issued, including the total amount of all such issued coupons; (D) types of costs to which each such issued coupon will be applied, as such costs are self-reported on the application of each household or individual; (E) number of issued coupons that have been redeemed; and (F) amount of unobligated and unexpended funds that remain from the amounts authorized under section 6. (2) Termination.--The requirement described under paragraph (1) shall terminate 3 months after the last coupon under this section is issued. SEC. 4. BASIC BROADCAST TELEVISION SERVICE. (a) Requirement.-- (1) In general.--The Commission shall promulgate rules requiring that each multichannel video programming distributor, who provides broadcast television for a local market, provide to eligible consumers in that local market access to basic broadcast television service, as such service is described in subsection (b). (2) Safe harbor.-- (A) In general.--The retransmission or secondary transmission of any televison broadcast station by a multichannel video programming distributor pursuant to paragraph (1) shall not be subject to any prohibitions on such activities as described under sections 325 and 338 of the Communications Act of 1934 or under section 122 of title 17, United States Code, and any such distributor shall be immune from any civil liability related to fulfilling the requirements under paragraph (1). (B) Fee exemption.--In promulgating rules under paragraph (1), the Commission shall require that each television broadcast station-- (i) grant consent to multichannel video programming distributors to retransmit the signal of such broadcasting station only for the purposes of fulfilling the requirements under paragraph (1); and (ii) waive any fees or charges that are customarily or usually applied for the grant of such consent. (b) Basic Broadcast Television Service.--Any rule promulgated under subsection (a) relating to the definition of basic broadcast television service shall ensure that, at a minimum, such service includes the transmission, retransmission, or secondary transmission of the over- the-air signal of any nonsubscription television broadcast station located within the local market. (c) Eligible Consumers.-- (1) In general.--For purposes of this section, an ``eligible consumer'' is a consumer-- (A) whose primary residence is located in a local market where at least 1 television broadcast station has certified to the Commission that channel signal loss has occurred as a result of the transition from analog to digital television that is to occur on February 17, 2009; and (B) who does not currently subscribe to a multichannel video programming service at his or her primary residence. (2) Loss of eligibility; purchase of additional service.-- If at any time after purchasing basic broadcast television service pursuant to this section, an eligible consumer purchases any additional channel service from a multichannel video programming distributor, such consumer shall no longer be eligible to purchase such basic broadcast television service. (d) Additional Cost Requirements.--In promulgating rules under subsection (a), the Commission shall ensure that-- (1) the cost to purchase basic broadcast television service does not exceed $10 per month, except that such maximum monthly fee shall be adjusted annually in accordance with the annual percentage increase in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor in increments of $1 only when the percentage increase in such index, when applied to the maximum monthly fee, produces dollar increases that exceed $1; and (2) a multichannel video programming distributor providing such basic broadcast service may not charge installation costs for such service that are in excess of the regular market rate charged to normal non-basic broadcast television service customers who purchase installation for any other services provided by the multichannel video programming distributor. (e) Anti-Fraud Protections.--The Commission shall develop anti- fraud measures and procedures to ensure that only eligible consumers are provided access to basic broadcast television service under the terms of this section. (f) Report to Congress.--Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on-- (1) the number of eligible consumers who have purchased basic broadcast television service; (2) the problems encountered by eligible consumers, multichannel video programming distributors, television broadcasters, or the Commission in adhering to or implementing the requirements of this section; and (3) any other information the Commission determines appropriate. (g) Public Availability.--The Commission shall make any report required under subsection (e) available to the public on its website in a searchable and downloadable manner. (h) Termination Only by Act of Congress.--This section may be limited, canceled, terminated, or rescinded only by an Act of Congress. SEC. 5. OUTREACH CAMPAIGN. (a) In General.--The Commission, in consultation and coordination with the National Telecommunications and Information Administration, the Administrator of the Administration on Aging, the heads of any other relevant Federal agency, State and local agencies, the broadcast, cable, satellite, and other telecommunications industries, and nonprofit, religious, community-based, and other similar organizations, shall carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act. (b) Requirements.--The education and outreach campaign required under subsection (a) shall, at a minimum-- (1) begin immediately upon the date of enactment of this Act; (2) involve dissemination of information over radio, television, the Internet, and other electronic media, as well other traditional nonelectronic media; (3) require that each agency described in subsection (a) maintain information relating to the programs and requirements established under this Act on the website of such agency; and (4) require efforts to inform and educate all relevant consumers, in particular those consumers-- (A) in vulnerable populations such as-- (i) senior citizens; (ii) consumers living in rural and tribal areas; (iii) non-English speaking consumers; (iv) consumers with disabilities; and (v) low-income consumers; and (B) located in a local market where channel signal loss as a result of the full power transition from analog to digital television that is to occur on February 17, 2009, is likely or predicted to be likely. (c) Provision of Funds.--The Commission may distribute funds to nonprofit, religious, community-based, and other similar organizations to assist with the education and outreach campaign required under this section. (d) Website.--Each Federal agency participating in the education and outreach campaign required under this section shall work to ensure the existence and operation of a single website accessible by the public that shall serve as the clearinghouse for all information relating to this Act and the programs established by this Act. SEC. 6. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $700,000,000 for fiscal years 2009 and 2010, of which-- (1) $600,000,000 shall be made available to the Assistant Secretary to carry out the digital viewership coupon program established under section 3; and (2) $100,000,000 shall be made available to the Commission to carry out the requirements of sections 4 and 5. (b) Transfer of Funds in the Digital Television Transition and Public Safety Fund.--Notwithstanding any other provision of law, any funds remaining in the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the digital-to-analog converter box program established under section 3005 of the Digital Television Transition and Public Safety Act of 2005, be used to cary out the provisions of this Act.

Digital TV Transition Fairness Act - Requires the Department of Commerce to implement and administer a program to obtain coupons that can be applied toward: (1) the cost to install a digital-to-analog converter box; (2) the purchase and installation of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; and (3) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service. Sets forth consumer and product eligibility criteria. Provides for a website and telephone hotline to provide relevant information to assist consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009. Requires the Assistant Secretary of Commerce for Communications and Information to develop anti-fraud measures and procedures to ensure that only eligible households and individuals receive a coupon. Requires the Federal Communications Commission (FCC) to promulgate rules requiring that each multichannel video programming distributor providing broadcast television for a local market provide to eligible consumers in that local market access to basic broadcast television service. Requires the FCC to develop anti-fraud measures and procedures to ensure that only eligible consumers are provided access to basic broadcast television service. Directs the FCC to carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act.

{"src": "billsum_train", "title": "To ensure access to basic broadcast television after the Digital Television Transition, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Rebate and Responsibility Act''. SEC. 2. REFUND OF CERTAIN BUDGET SURPLUS AMOUNTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6429. REFUND OF BUDGET SURPLUS AMOUNTS. ``(a) In General.--Each individual who was an eligible individual for such individual's first taxable year beginning in the calendar year in which a surplus year begins shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the lesser of-- ``(1) the taxpayer's allocable portion of the refund amount for such taxable year, or ``(2) the taxpayer's limitation amount for such taxable year. ``(b) Timing of Payments.--In the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any estate or trust, ``(B) any nonresident alien individual, and ``(C) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(2) Surplus year.--The term `surplus year' means a fiscal year for which the Director of the Office of Management and Budget certifies to the President and the Congress after the close of such year that there is a surplus in the budget of the United States for such fiscal year and the amount of such surplus, determined without regard to the income and expenditures of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund. Such term shall not include any year if the Secretary determines that the cost of carrying out this section with respect to such year would exceed the refund amount for such year. ``(3) Refund amount.-- ``(A) In general.--The term `refund amount' means with respect to a surplus year, the applicable percentage of the amount of the surplus certified under paragraph (2) for that year. ``(B) Applicable percentage.--The term `applicable percentage' means such percentage as the Secretary may determine with respect to any surplus year, except that such percentage shall not be less than 50 percent nor more than 100 percent. ``(4) Taxpayer's allocable portion of the refund amount.--A taxpayer's allocable portion of the refund amount is the portion of the refund amount determined by the Secretary to be the amount which bears the same ratio to the tax paid by the taxpayer under subtitle A for the taxpayer's first taxable year beginning in the calendar year in which the surplus year begins as the total amount of taxes imposed under subtitle A on all eligible individuals for such taxable year bears to the total amount of the refund amount for the surplus year. ``(5) Limitation amount.--The term `limitation amount' means, with respect to any taxable year, the excess (if any) of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) for such taxable year plus the tax imposed by section 55 for such taxable year, over ``(B) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for such taxable year. ``(d) Special Rules.-- ``(1) No interest.--No interest shall be allowed on any overpayment attributable to this section. ``(2) Joint returns.--In the case of a refund or credit made or allowed under this section with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: ``6429. Refund of budget surplus amounts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Taxpayer Rebate and Responsibility Act - Amends the Internal Revenue Code to provide for refunds or credits to individual taxpayers of a portion of their income tax for any year in which the Director of the Office of Management and Budget certifies that there is a surplus in the U.S. budget.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for refunds to taxpayers of the budget surplus for each year of surplus."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Quality Standard Improvement Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to establish more effective environmental standards to continue to safeguard public health and the environment; (2) to promote better resource allocation to ensure that serious risks to air quality are addressed first; (3) to improve the ability of the Administrator of the Environmental Protection Agency to use scientific and economic analysis in developing air quality standards; (4) to yield increased public health and environmental benefits and more effective protections while minimizing costs; (5) to require that relevant qualitative and quantitative information be considered in the process of evaluating the costs and benefits of air quality standards; (6) to promote the right of the public to know about the costs and benefits of air standards, the risks addressed, the risks reduced, and the quality of scientific and economic analysis used to support decisions; and (7) to require the Administrator of the Environmental Protection Agency to conduct risk assessments and cost-benefit analyses as part of the process of establishing a new or revised air quality standard. SEC. 3. RISK ASSESSMENT AND COST-BENEFIT ANALYSIS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``TITLE VII--RISK ASSESSMENT AND COST-BENEFIT ANALYSIS ``SEC. 701. DEFINITION OF AIR QUALITY STANDARD. ``In this title, the term `air quality standard' means-- ``(1) a national ambient air quality standard established under section 109 (including the setting of any emissions budget for purposes of attaining or maintaining any national ambient air quality standard); ``(2) an increment or ceiling for the prevention of significant deterioration established under section 163; ``(3) regulations established under section 169A to address the regional haze or other impairment of visibility by manmade air pollution in a mandatory class I Federal area; ``(4) any finding or emission limitation determined under section 126; ``(5) any emission standard or requirement that applies to on-road and nonroad mobile sources (including aircraft engine standards) established under title II; ``(6) any requirement that imposes a limitation on the quality of fuel used in mobile sources; ``(7) any emission limitation or emission budget for sulfur dioxide or nitrogen oxides established under title IV; ``(8) any preconstruction review requirement that regulates new sources or major modifications of existing sources in attainment or nonattainment areas; ``(9) the setting of any emissions budget or other requirement for purposes of attaining or maintaining any national ambient air quality standard under section 110; ``(10) any new source performance standard, existing source performance standard, or design, equipment, work practice, or operational standard established or revised under section 111; ``(11) any standard to protect public health and the environment described in section 112(f); ``(12) any new regulation applicable to an electric utility steam generating unit under section 112(n); ``(13) the designation of a pollutant under section 115 as causing or contributing to air pollution that may reasonably be anticipated to endanger public health or welfare in a foreign country; ``(14) any air pollution control technique information, transportation planning guidelines, information on procedures and methods to reduce mobile source air pollution, or control technique guidelines issued under sections 108 and 183; ``(15) any identification of attainment dates for national ambient air quality standards under part D; ``(16) any identification of control measures for the reduction of interstate ozone air pollution under section 184; and ``(17) any identification of reasonably available control measures and best available control measures for particulate matter under section 190. ``SEC. 702. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. ``(a) Use of Science in Decisionmaking.--In carrying out this Act, (including establishing a new or revised air quality standard under this Act), the Administrator shall base any scientific or technical conclusions on-- ``(1) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; ``(2) data collected by accepted methods or the best available methods (if the reliability of the method and the nature of the decision justifies use of the data); ``(3) data (including the underlying research data) that have been made available to the public, subject to the exemptions under section 552 of title 5, United States Code. ``(b) Public Information.-- ``(1) In general.--In carrying out this section, the Administrator shall ensure, to the maximum extent practicable, that the presentation of information on public health effects concerning any new or revised air quality standard is comprehensive, informative, understandable, and conveniently available for public comment prior to the promulgation of any regulation under this Act. ``(2) Specifications.--The Administrator shall, in a document made available to the public in support of a regulation proposed or promulgated under this Act concerning an air quality standard, specify, to the maximum extent practicable-- ``(A) each population addressed by any estimate of public health effects; ``(B) the expected risk or central estimate of risk for the specific populations or resources, where applicable, and each appropriate upper-bound or lower- bound estimate of risk; ``(C) each significant uncertainty identified in the process of the assessment of public health effects, and studies that would assist in resolving the uncertainty; and ``(D) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects, and the methodologies used to reconcile inconsistencies in the scientific data. ``(3) Health risk reduction and cost analysis.-- ``(A) In general.--As part of the process of proposing a new or revised air quality standard, the Administrator shall publish in the Federal Register and seek public comment on an analysis of each of the following: ``(i) Quantifiable and nonquantifiable benefits for which there are factual bases in the rulemaking record to conclude that the benefits are likely to occur as the result of actions taken to comply with the new or revised air quality standard. ``(ii) Quantifiable and nonquantifiable health benefits for which there are factual bases in the rulemaking record to conclude that the benefits are likely to occur from reductions in other related pollutants that may be attributed to compliance with the new or revised air quality standard, excluding benefits resulting from compliance with other proposed or promulgated regulations. ``(iii) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that the costs are likely to occur as the result of actions taken to comply with or attain the new or revised air quality standard, which costs shall include monitoring, actions taken to comply with or attain the new or revised air quality standard, and other costs, and excluding costs resulting from compliance with other proposed or promulgated regulations. ``(iv) The incremental costs and benefits associated with each alternative new or revised air quality standard considered. ``(v) The effects of the air pollutant or pollutants for which a new or revised air quality standard is being considered on the general population, including, to the extent relevant and appropriate and where data are reasonably available, the effects on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to an air pollutant than the general population. ``(vi) Any risk that may occur as the result of compliance with or attainment of the new or revised air quality standard, including risks associated with other related pollutants. ``(vii) Other relevant factors, including the quality and extent of the information available concerning the new or revised air quality standard, the uncertainties in the analysis supporting clauses (i) through (vi), and factors with respect to the degree, and quantitative and qualitative descriptions of the nature, of any risk. ``(B) Approaches to measure and value benefits.-- The Administrator may identify valid approaches for the measurement and valuation of benefits under this paragraph, including approaches to identify consumer willingness to pay for reductions in health risks from air pollutants. ``(C) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to conduct studies, assessments, and analyses described in this section $35,000,000 for each of fiscal years 2000 through 2003. ``SEC. 703. COST-BENEFIT ANALYSIS. ``(a) Definitions.--In this section: ``(1) Benefit.--The term `benefit' means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a new or revised air quality standard. ``(2) Cost.--The term `cost' means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a new or revised air quality standard. ``(3) Cost-benefit analysis.--The term `cost-benefit analysis' means an evaluation of the costs and benefits of a new or revised air quality standard, quantified to the extent feasible and appropriate and otherwise qualitatively described, that is prepared in accordance with the requirements of this section at the level of detail appropriate and practicable for reasoned decisionmaking on the matter involved, taking into consideration uncertainties, the significance and complexity of the decision, and the need to adequately inform the public. ``(b) Analysis.--For each new or revised air quality standard proposed, the Administrator-- ``(1) shall conduct and publish, for public comment, a cost-benefit analysis to determine whether the benefits of the new or revised air quality standard justify, or do not justify, the costs; and ``(2) may analyze the potential distributional effects of the new or revised air quality standard. ``(c) Determination of Health Risk Reduction and Cost Considerations.-- ``(1) Determination of no justification for cost.-- ``(A) In general.--Notwithstanding any other provision of this Act, if the Administrator determines, based on an analysis conducted under subsection (b), that the benefits of a new or revised air quality standard proposed or promulgated in accordance with this Act do not justify the costs, the Administrator may, after notice and opportunity for public comment, promulgate an alternative new or revised air quality standard at a cost that is justified by the benefits. ``(B) Scope of consideration.--In making a determination under subparagraph (A), the Administrator shall consider-- ``(i) only public health benefits, with respect to a determination concerning a primary national ambient air quality standard; and ``(ii) public health and environmental benefits, with respect to a determination concerning any air quality standard other than a national ambient air quality standard. ``(2) Judicial review.--A determination by the Administrator under paragraph (1)-- ``(A) shall be reviewed by a court only as part of a review of a final regulation that has been promulgated based on the determination; and ``(B) shall be set aside by a court if the court finds that the determination is arbitrary and capricious. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''.

Requires the Administrator to ensure that the presentation of information on public health effects concerning any new or revised air quality standard is comprehensive, informative, understandable, and available for public comment prior to the promulgation of any regulation under the Act. Directs the Administrator, in a document made available to the public in support of a regulation proposed or promulgated under the Act concerning an air quality standard to specify: (1) each population addressed by any estimate of public health effects; (2) the expected risk or central estimate of risk for the specific populations or resources and each upper-bound or lower- bound of risk; (3) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving such uncertainties; and (4) peer-reviewed studies that support, are relevant to, or fail to support any estimate of public health effects and the methodologies used to reconcile inconsistencies in the scientific data. Requires the Administrator, as part of the process of proposing a new or revised air quality standard, to publish in the Federal Register and seek public comment on an analysis of specified factors, including: (1) quantifiable and nonquantifiable benefits that are likely to occur as the result of actions taken to comply with the standard; (2) quantifiable and nonquantifiable health benefits that are likely to occur from reductions in related pollutants that may be attributed to compliance with the standard; (3) quantifiable and nonquantifiable costs that are likely to occur as the result of actions taken to comply with or attain the standard; (4) incremental costs and benefits associated with each alternative standard considered; (5) effects of the affected air pollutant on the general population; and (6) risks that may occur as the result of compliance with or attainment of the standard. Authorizes appropriations. Directs the Administrator, for each new or revised air quality standard proposed, to conduct and publish for public comment a cost-benefit analysis to determine whether the benefits of the standard justify or do not justify the costs. Authorizes the Administrator to analyze the potential distributional effects of each such standard. Permits the Administrator, upon determining based on such analysis that the benefits do not justify the costs, to promulgate an alternative standard at a cost that is justified by the benefits. Authorizes appropriations.

{"src": "billsum_train", "title": "Air Quality Standard Improvement Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Asthma Management Plan Act''. SEC. 2. SCHOOL ASTHMA MANAGEMENT PLANS. (a) Amendment.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--SCHOOL ASTHMA MANAGEMENT PLANS ``SEC. 4401. SCHOOL ASTHMA MANAGEMENT PLANS. ``(a) Grants Authorized.-- ``(1) In general.--The Secretary is authorized to award grants to local educational agencies to enable public elementary schools and secondary schools served by the local educational agencies to-- ``(A) develop and implement a school asthma management plan; and ``(B) if the school chooses, purchase drugs and devices for emergency use that are approved or cleared by the Food and Drug Administration, including bronchodilators, spacers, and inhalers, and other supplies determined necessary by the Secretary, for students served by the school, as needed, as well as devices that measure pulmonary function or asthma education tools, or both. ``(2) Alternative grantees.--The Secretary may award a grant under this section to a local health or education department to carry out the activities described in this section if the Secretary determines that in such local area such department is the entity that would routinely carry out such activities. ``(b) Application.--A local educational agency or department that desires to receive a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(c) Priority.--In awarding grants under this section, the Secretary shall give a priority to-- ``(1) any local educational agency that will use grant funds to assist a public elementary school or secondary school that has a high burden of asthma, as determined by the Secretary; and ``(2) if the Secretary elects to award grants described in subsection (a)(2), any department that proposes to carry out the grant activities at a school described in paragraph (1). ``(d) Use of Grant Funds.--A local educational agency or department that receives a grant under this section shall develop and implement a comprehensive school asthma management plan based on national guidelines at each school to be served under the grant, and may purchase drugs and devices for emergency use that are approved or cleared by the Food and Drug Administration, including bronchodilators, spacers, and inhalers, and other supplies determined necessary by the Secretary, for students served by the school or department, as needed, as well as devices that measure pulmonary function or asthma education tools, or both. Such management plan shall include the following: ``(1) A method to identify all students with a diagnosis of asthma. ``(2) An asthma action plan for each student with a diagnosis of asthma. ``(3) Asthma education for all school staff, such as education regarding asthma basics, asthma management, trigger management, and comprehensive emergency responses to asthma attacks. ``(4) Access to medication and to methods to administer medication, for all students served by the school or department who have asthma, based on the student's prescription and individual needs. ``(5) Asthma medication and emergency policies that are specific to the school. ``(6) Protocols and training to support clinical management of acute symptoms of asthma and ongoing management of asthma. ``(7) A system to support ongoing coordination of asthma care with the family, the primary care provider, and others as necessary. ``(8) A method to monitor the quality and outcomes of the care provided to each student served by the school or department who has asthma, including how often treatment is needed and what treatment students get. ``(9) Successful completion of the Environmental Protection Agency's Indoor Air Quality Tools for Schools Indoor Air Quality Profile. ``(e) Grant Recipient Actions.--A school or department that receives a grant under this section shall-- ``(1) utilize existing systems, when possible, including the use of forms developed in accordance with section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794); ``(2) find innovative ways-- ``(A) to encourage bidirectional communication between schools and students' physicians in a rapid manner; and ``(B) to encourage adherence to asthma treatment by students; ``(3) ensure that a nurse or another individual who is trained to administer emergency asthma care is on staff; ``(4) ensure that all student asthma action plans include asthma triggers, both allergens and irritants, for the student; and ``(5) ensure that each school served under the grant report asthma emergency events involving students to the State health department by school identifier. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2016 and each of the 4 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of such Act is amended by inserting after the item relating to section 4304 the following: ``PART D--School Asthma Management Plans ``Sec. 4401. School asthma management plans.''.

School Asthma Management Plan Act Amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education (ED) to award grants to local educational agencies (LEAs) to enable public elementary schools and secondary schools to: (1) develop and implement a school asthma management plan; and (2) purchase drugs and devices for emergency use that are approved or cleared by the Food and Drug Administration, including bronchodilators, spacers, and inhalers for students served by the school, as well as devices that measure pulmonary function or asthma education tools. Authorizes ED to award a grant to a local health or education department to carry out such activities upon determining that in such local area such department is the entity that would routinely carry out such activities. Requires ED to give priority in awarding grants to: (1) any LEA that will use grant funds to assist a public elementary school or secondary school that has a high burden of asthma, and (2) any department that proposes to carry out the grant activities at such a school. Requires grantees to: (1) find innovative ways to encourage rapid bidirectional communication between schools and students' physicians and students' adherence to asthma treatment, (2) ensure that they have on staff a nurse or individual who is trained to administer emergency asthma care, (3) ensure that all student asthma action plans include asthma triggers, both allergens and irritants, for the student; and (4) ensure that each school served under the grant reports asthma emergency events involving students to the state health department by school identifier.

{"src": "billsum_train", "title": "School Asthma Management Plan Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Consumer Protection Act of 1993''. SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVISIONS PROHIBITING MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL SECURITY PROGRAMS AND AGENCIES. (a) Prohibition of Unauthorized Reproduction, Reprinting, or Distribution for Fee of Certain Official Publications.--Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following new paragraph: ``(2) No person may, for a fee, reproduce, reprint, or distribute any item consisting of a form, application, or other publication of the Social Security Administration unless such person has obtained specific, written authorization for such activity in accordance with regulations which the Secretary shall prescribe.''. (b) Addition to Prohibited Words, Letters, Symbols, and Emblems.-- Paragraph (1) of section 1140(a) of such Act (as redesignated by subsection (a)) is further amended-- (1) in subparagraph (A) (as redesignated), by striking ``Administration', the letters `SSA' or `HCFA','' and inserting ``Administration', `Department of Health and Human Services', `Health and Human Services', `Supplemental Security Income Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', `HHS', or `SSI',''; and (2) in subparagraph (B) (as redesignated), by striking ``Social Security Administration'' each place it appears and inserting ``Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services'', and by striking ``or of the Health Care Financing Administration''. (c) Exemption for Use of Words, Letters, Symbols, and Emblems of State and Local Government Agencies by Such Agencies.--Paragraph (1) of section 1140(a) of such Act (as redesignated by subsection (a)) is further amended by adding at the end the following new sentence: ``The preceding provisions of this subsection shall not apply with respect to the use by any agency or instrumentality of a State or political subdivision of a State of any words or letters which identify an agency or instrumentality of such State or of a political subdivision of such State or the use by any such agency or instrumentality of any symbol or emblem of an agency or instrumentality of such State or a political subdivision of such State.''. (d) Inclusion of Reasonableness Standard.--Section 1140(a)(1) of such Act (as amended by the preceding provisions of this section) is further amended, in the matter following subparagraph (B) (as redesignated), by striking ``convey'' and inserting ``convey, or in a manner which reasonably could be interpreted or construed as conveying,''. (e) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140 of such Act (as amended by the preceding provisions of this section) is further amended by adding at the end the following new paragraph: ``(3) Any determination of whether the use of one or more words, letters, symbols, or emblems (or any combination or variation thereof) in connection with an item described in paragraph (1) or the reproduction, reprinting, or distribution of an item described in paragraph (2) is a violation of this subsection shall be made without regard to any inclusion in such item (or any so reproduced, reprinted, or distributed copy thereof) of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof.''. (f) Violations With Respect to Individual Items.--Section 1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding at the end the following new sentence: ``In the case of any items referred to in subsection (a)(1) consisting of pieces of mail, each such piece of mail which contains one or more words, letters, symbols, or emblems in violation of subsection (a) shall represent a separate violation. In the case of any item referred to in subsection (a)(2), the reproduction, reprinting, or distribution of such item shall be treated as a separate violation with respect to each copy thereof so reproduced, reprinted, or distributed.''. (g) Elimination of Cap on Aggregate Liability Amount.-- (1) Repeal.--Paragraph (2) of section 1140(b) of such Act (42 U.S.C. 1320b-10(b)(2)) is repealed. (2) Conforming amendments.--Section 1140(b) of such Act is further amended-- (A) by striking ``(1) Subject to paragraph (2), the'' and inserting ``The''; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (C) in paragraph (1) (as redesignated), by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. (h) Removal of Formal Declination Requirement.--Section 1140(c)(1) of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and the first sentence of subsection (c)'' after ``and (i)''. (i) Penalties Relating to Social Security Administration Deposited in OASI Trust Fund.--Section 1140(c)(2) of such Act (42 U.S.C. 1320b- 10(c)(2)) is amended in the second sentence by striking ``United States.'' and inserting ``United States, except that, to the extent that such amounts are recovered under this section as penalties imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration, such amounts shall be deposited into the Federal Old-Age and Survivor's Insurance Trust Fund.''. (j) Enforcement.--Section 1140 of such Act (42 U.S.C. 1320b-10) is amended by adding at the end the following new subsection: ``(d) The preceding provisions of this section shall be enforced through the Office of Inspector General of the Department of Health and Human Services.''. (k) Annual Reports.--Section 1140 of such Act (as amended by the preceding provisions of this section) is further amended by adding at the end the following new subsection: ``(e) The Secretary shall include in the annual report submitted pursuant to section 704 a report on the operation of this section during the year covered by such annual report. Such report shall specify-- ``(1) the number of complaints of violations of this section received by the Social Security Administration during the year, ``(2) the number of cases in which a notice of violation of this section was sent by the Social Security Administration during the year requesting that an individual cease activities in violation of this section, ``(3) the number of complaints of violations of this section referred by the Social Security Administration to the Inspector General in the Department of Health and Human Services during the year, ``(4) the number of investigations of violations of this section undertaken by the Inspector General during the year, ``(5) the number of cases in which a demand letter was sent during the year assessing a civil money penalty under this section, ``(6) the total amount of civil money penalties assessed under this section during the year, ``(7) the number of requests for hearings filed during the year pursuant to subsection (c)(1) of this section and section 1128A(c)(2), ``(8) the disposition during such year of hearings filed pursuant to sections 1140(c)(1) and 1128A(c)(2), and ``(9) the total amount of civil money penalties under this section deposited into the Federal Old-Age and Survivors Insurance Trust Fund during the year.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to violations occurring after the date of the enactment of this Act.

Senior Citizen Consumer Protection Act of 1993 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings. Requires penalties relating to misleading mailings to be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. Confers responsibility upon the Inspector General of the Department of Health and Human Services for enforcing such prohibitions. Requires annual reports to the Congress with respect to prohibition violations and associated penalties.

{"src": "billsum_train", "title": "Senior Citizen Consumer Protection Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``World War I American Veterans Centennial Commemorative Coin Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the year 2018 is the 100th anniversary of the signing of the armistice with Germany ending World War I battlefield hostilities; (2) on April 6, 1917, the United States entered World War I by declaring war against Germany; (3) 2,000,000 American soldiers served overseas during World War I; (4) more than 4,000,000 men and women from the United States served in uniform during World War I; (5) the events of 1914 through 1918 shaped the world and the lives of millions of people for decades; (6) more than 9,000,000 soldiers worldwide lost their lives between 1914 and 1918; (7) the centennial of the involvement of the United States in World War I offers an opportunity for people in the United States to commemorate the commitment of their predecessors; (8) Frank Buckles, the last American veteran from World War I, died on February 27, 2011; (9) Mr. Buckles was the last direct American link to the ``war to end all wars''; (10) while other great conflicts, including the Civil War, World War II, the Korean War, and the Vietnam War, have all been memorialized on United States commemorative coins, there currently is no coin to honor the brave veterans of World War I; and (11) the 112th Congress established the World War I Centennial Commission to plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (b) Purposes.--The purposes of this Act are to-- (1) commemorate the centennial of the involvement of the United States in World War I; and (2) honor the more than 4,000,000 men and women from the United States who served during World War I. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins to commemorate the centennial of the involvement of the United States in World War I, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the involvement of the United States in World War I. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2018''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a design competition described in subsection (c). (c) Design Competition.-- (1) In general.--The Secretary shall hold a competition and provide compensation for the winner of the contest to design the obverse and reverse of the coins minted under this Act. (2) Manner of competition.--The competition required by this subsection shall be held in the following manner: (A) The competition shall be judged by an expert jury-- (i) chaired by the Secretary; and (ii) consisting of-- (I) 3 members from the Citizens Coinage Advisory Committee, who shall be elected by the Committee; and (II) 3 members from the Commission of Fine Arts, who shall be elected by the Commission. (B) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (C) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2018, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary to the World War I Centennial Commission, consistent with section 8. (c) Unused Funds Upon Termination.--If, upon the termination of the World War I Centennial Commission, there remains a balance of funds from surcharges received from the Secretary pursuant to this section, the Commission shall transfer the funds to the general fund of the Treasury. (d) Audits.--The World War I Commission shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (e) Limitation.-- (1) In general.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of the issuance, the issuance of the coin would result in the number of commemorative coin programs issued during the calendar year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. (2) Guidance.--The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins to commemorate the centennial of the involvement of the United States in World War I, and (2) hold a competition and provide compensation for its winner to design the obverse and reverse of the coins. Requires the design of such coins to be emblematic of the centennial of the involvement of the United States in World War I. Permits the Secretary to issue such coins only during the period beginning on January 1, 2018, and ending on December 31, 2018. Subjects the coin sales to a surcharge of $10 per coin, payable by the Secretary to the World War I Centennial Commission.

{"src": "billsum_train", "title": "World War I American Veterans Centennial Commemorative Coin Act"}

SECTION 1. FINDINGS. The Congress makes the following findings: (1) The United States has invested $6,500,000,000 in military infrastructure in North Atlantic Treaty Organization (NATO) countries. (2) As part of an overall plan to reduce United States troop strength in Europe from 323,432 in 1987 to 100,000 by the end of 1996, the Department of Defense plans to close or reduce United States military presence at 867 military sites overseas. (3) Most of the overseas military sites announced for closure are in Europe where the United States has already closed 434 such sites. (4) When the United States closes military sites in Europe, the United States brings the military personnel home but leaves buildings, roads, sewers, and other real property improvements behind. (5) Through a series of so-called ``residual value'' agreements, some allies have agreed to pay the United States for the value of the real property improvements left behind. (6) Although the United States military drawdown has been rapid since 1990, European allies have been slow to pay the United States the residual value of the sites released by the United States. (7) As of 1994, the United States has recouped only $33,300,000 in cash, and most of that was recovered in 1989. (8) Although the United States has released to Germany over 60 percent of the military sites planned for closure by the United States in that country and the current value of United States facilities to be returned to the German government is estimated at approximately $2,700,000,000, the German government has budgeted only $25,000,000 for fiscal year 1994 for payment of compensation for the United States investment in such improvements. SEC. 2. POLICY. It is the sense of Congress that-- (1) the President should redouble efforts to recover the value of the United States investment in the military infrastructure of NATO countries; (2) the President should enter into negotiations with the government of each NATO host country with a presumption that payments to compensate the United States for the fair market value of improvements will be made in cash and deposited in the Department of Defense Overseas Military Facility Investment Recovery Account; (3) the President should enter into negotiations for payments-in-kind only as a last resort and only after informing the Congress that negotiations for cash payments have not been successful; and (4) to the extent that in-kind contributions are received in lieu of cash payments in any fiscal year, the in-kind contributions should directly offset costs that would otherwise be incurred by the Department of Defense for overseas base support that has been approved by Congress or for overseas base support requested by the President in the budget submitted to Congress for the succeeding fiscal year. SEC. 3. REQUIREMENTS AND LIMITATIONS RELATING TO PAYMENTS IN KIND. (a) Requirement for Justification for Negotiations for Payments-in- Kind.--Subsection (e) of section 2921 of the National Defense Authorization Act for Fiscal Year 1992 (10 U.S.C. 2687 note) is amended-- (1) by inserting ``(1)'' after ``Negotiations for Payments- in-Kind.--''; (2) by striking out ``a written notice'' and all that follows and inserting in lieu thereof ``to the congressional defense committees (and one additional copy to each of the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives) a written notice regarding the intended negotiations.''; and (3) by adding at the end the following new paragraph: ``(2) The notice shall contain the following: ``(A) A justification for entering into negotiations for payments-in-kind with the host country. ``(B) The types of benefit options to be pursued by the Secretary in the negotiations. ``(C) The specific overseas base support activities (for which funding has either previously been approved by Congress or requested in the latest budget transmitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code) that could be curtailed, eliminated, terminated, or withdrawn to reduce the amount of United States overseas base support spending by an amount not less that the fair market value of the improvements to be released to the host country in exchange for the payments-in-kind.''. (b) Deficit Reduction Through Payments-in-Kind.--Such section is amended by adding at the end the following new subsection: ``(h) Deficit Reduction Through Payments-in-Kind.--(1)(A) Not less than 30 days before the Secretary of Defense enters into an agreement with a host country to accept from the host country any improvement as a payment-in-kind, the President shall-- ``(i) submit to Congress a request for rescission of appropriations for overseas base support; ``(ii) submit to Congress a message recommending a reduction in the request for appropriations for overseas base support that is set forth in the budget transmitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year that begins in the year that the President submits the message to Congress; or ``(iii) a combination of actions under clauses (i) and (ii). ``(B) The total amount of the reductions proposed to be achieved in the proposed actions submitted pursuant to subparagraph (A) in the case of a payment-in-kind of a host country may not be less than the fair market value of the improvements to be released to the host country in exchange for such payment-in-kind. ``(2) The Secretary of Defense may not accept as a payment-in-kind any improvements to real property that, if undertaken to be made by the Department of Defense, would be subject to-- ``(A) the requirement for authorization of appropriations for military construction set forth in section 114(a)(6) of title 10, United States Code, and ``(B) the requirement set forth in section 2802 of such title, relating to authorization of military construction projects by law, unless such improvements comprise a military construction project that is authorized by law.''. (c) Overseas Base Support Defined.--Such section, as amended by subsection (b), is further amended by adding at the end the following new subsection: ``(i) Overseas Base Support Defined.--In subsections (e) and (h), the term `overseas base support' means-- ``(1) military construction (as defined in section 114(b) of title 10, United States Code) outside the United States; ``(2) maintenance of real property outside the United States for the Department of Defense; and ``(3) contributions for the North Atlantic Treaty Organization Infrastructure Program as provided in section 2806 of title 10, United States Code.''.

Expresses the sense of the Congress that the President should intensify his efforts to recover from governments of North Atlantic Treaty Organization (NATO) countries the value of improvements (buildings, roads, etc.) made to U.S. military installations in such countries which are closed and turned over to such countries due to U.S. defense spending reductions. Amends the National Defense Authorization Act for Fiscal Year 1992 to require the President, before entering into negotiations with such countries for payments-in-kind for the value of such improvements, to provide written notice of such intentions to the defense subcommittees of the Senate and House Appropriations Committees. (Currently, only notice to the congressional defense committees is required.) Increases the required contents of such notice. Directs the President, prior to such an agreement being entered into by the Secretary of Defense, to: (1) submit to the Congress a request for rescission of appropriations for overseas base support with respect to such installation; (2) recommend to the Congress a reduction in the request for overseas base support in the amount of the value of the improvements; or (3) a combination of the above actions. Requires the total amount of reductions to be no less than the fair market value of the improvements to be released to the host country. Provides limitations to the Secretary in accepting payments-in-kind under this Act.

{"src": "billsum_train", "title": "A bill to ensure effective Congressional oversight of overseas military base support carried out by NATO host countries for the United Sates as payments-in-kind for release of United States overseas military facilities to such countries and to reduce the deficit."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hamas Human Shields Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The international law of armed conflict prohibits, during any armed conflict, the exploitation of the presence of civilians, or movement of civilians, in an effort to impede attack on or otherwise shield lawful targets from attack. (2) Violation of this obligation is commonly referred to as using persons as ``human shields'', the unlawful exploitation of civilian persons or property in an attempt to impede attack on or otherwise shield lawful targets from attack. (3) The international law of armed conflict also prohibits exposing prisoners of war, other detainees, or the wounded and sick to unnecessary risks resulting from the conduct of hostilities, which clearly includes a prohibition against using such personnel in an effort to impede attack on or otherwise shield lawful targets from attack. (4) Under the international law of armed conflict, the use of human shields is a critical consideration when assessing whether infliction of civilian harm by a party to the conflict was in fact unreasonable under the circumstances. (5) Throughout the violent takeover of Gaza by Hamas in 2007, the organization engaged in summary executions and torture, and put the lives of civilians at constant risk. (6) Since that 2007 takeover of Gaza, Hamas forces have repeatedly fired rockets into Israel in an indiscriminate manner, routinely striking civilian population areas that cannot plausibly be considered lawful military targets. (7) Hamas attacks are routinely launched from firing positions in areas of dense civilian population, often in or near schools, mosques, or hospitals, with no plausible justification based on military necessity. (8) Unlawful Hamas tactics also include routinely forcing Palestinian civilians to gather on the roofs of their homes to act as human shields. (9) Because these Hamas tactics cannot be justified by military necessity, they indicate an effort to endanger both Israeli and Palestinian civilians. (10) The Israel Defense Force, in response to such serious violations by Hamas, has vigorously taken all feasible precautions to minimize civilian casualties and protect civilian objects, in accordance with the international laws of armed conflict. Such tactics have included providing warnings to civilians when feasible. (11) Since 2010, Hamas has enlisted children to work as laborers in the tunnel networks between Gaza and Egypt. (12) On June 9, 2017, the United Nations Relief and Works Agency announced it had discovered Hamas tunnels under two of its schools in the Gaza Strip, adding it was ``unacceptable that students and staff are placed at risk in such a way''. (13) Hamas was designated as a foreign terrorist organization by the Secretary of State on October 8, 1997. (14) In addition to Hamas, other armed groups, such as Hezbollah, the Islamic State, al-Qa'ida, and al-Shabaab, typically use civilians as human shields. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) officially and publicly condemn Hamas for violating the international law of armed conflict by exploiting civilians, civilian property, and other specially protected personnel and facilities, in an effort to shield military targets from lawful attack; and (2) take effective action against those knowingly engaging in, supporting, facilitating, or enabling such undisputed violations of international law through the use of human shields. SEC. 4. UNITED NATIONS SECURITY COUNCIL. The President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations Security Council to secure support for a resolution that would-- (1) impose multilateral sanctions against Hamas for the use of human shields; (2) require member nations to take specific steps to prevent the use of human shields and impose consequences on those who use human shields; (3) require the United Nations to track and report the use of human shields in any conflict monitored by an organization or agency of the United Nations; and (4) specify steps to prevent, and consequences for, the use of United Nations employees as human shields or the use of United Nations facilities or infrastructure to enable the use of civilians as human shields. SEC. 5. SANCTIONS ON FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS. (a) In General.--The President shall impose sanctions described in subsection (c) with respect to each person on the list required under subsection (b). (b) List.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of the following: (A) Each foreign person that the President determines-- (i) is a member of Hamas or is acting on behalf of Hamas; and (ii) on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs or is complicit in, any unlawful attempt to use civilians, civilian property, or other protected persons to shields military objectives from lawful attack. (B) Each foreign person, or each agency or instrumentality of a foreign state, that the President determines has knowingly, on or after the date of the enactment of this Act-- (i) significantly facilitated, directly or indirectly, any act described in subparagraph (A)(ii) by a person described in subparagraph (A)(ii); or (ii) attempted to facilitate or support any such person. (2) Updates.--The President shall transmit to the appropriate congressional committees an update of the list required under paragraph (1)-- (A) not later than 1 year after the date of transmission of such list, and annually thereafter for 3 years; and (B) as new information becomes available. (c) Sanctions Described.--The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state on the list required under subsection (b) are the following: (1) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or of such agency or instrumentality of a foreign state if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens ineligible for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either such Secretary) determines is a foreign person on the list required under subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--Any visa or other documentation issued to an alien who is a foreign person on the list required under subsection (b), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. (ii) Effect of revocation.--A revocation under clause (i)-- (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation. (C) Exception to comply with united nations headquarters agreement.--The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or with other applicable international agreements. (d) Waiver.--The President may, on a case-by-case basis, waive the application of a sanction under this section with respect to a person or an agency or instrumentality of a foreign state for periods not longer than 180 days if the President certifies to the appropriate congressional committees that such waiver is in the national security interest of the United States. (e) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (f) Regulations.-- (1) In general.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Issuance of regulations.--Not later than 180 days after the date of the enactment of this Act, the President shall prescribe such regulations as may be necessary to implement this section. (g) Rule of Construction.--Nothing in this section may be construed-- (1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or (2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. SEC. 6. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given such term in section 1603(b) of title 28, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate. (4) Foreign person.--The term ``foreign person'' has the meaning given such term in section 594.304 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (5) Hamas.--The term ``Hamas'' means-- (A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or (B) any person identified as an agent, instrumentality, or affiliate of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (6) United states person.--The term ``United States person'' has the meaning given such term in section 594.315 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this Act. Passed the House of Representatives February 14, 2018. Attest: KAREN L. HAAS, Clerk.

Hamas Human Shields Prevention Act (Sec. 3) This bill states that it is U.S. policy to condemn Hamas's use of human shields and act against those engaging in or supporting the use of human shields. (Sec. 4) The President is urged to direct the U.S. Permanent Representative to the United Nations (U.N.) to use U.S. influence at the Security Council to secure support for a resolution: (1) imposing multilateral sanctions against Hamas's use of human shields; and (2) specifying steps to prevent, and consequences for, the use of U.N. employees as human shields or facilities that enable that use. (Sec. 5) The President shall prohibit property transactions and U.S. entry (and revoke current visas) with respect to: (1) each foreign person or entity that is a member of or acting on behalf of Hamas and that is responsible for or complicit in Hamas's unlawful attempt to use civilians, civilian property, or other protected persons to shield military objectives from lawful attack; and (2) each foreign person or entity and each agency or instrumentality of a foreign state that has significantly facilitated or attempted to facilitate such an act. The President may waive a sanction for 180 days with prior congressional certification that such waiver is in U.S. national security interests.

{"src": "billsum_train", "title": "Hamas Human Shields Prevention Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Remedy for Persistent Dumping Act of 2001''. SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT. Section 732(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) Initiation of expedited investigation.--An expedited antidumping duty investigation shall be initiated with respect to a particular class or kind of merchandise that is subject to an existing antidumping order within 20 days of the request of an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9), if the administering authority determines, from information available to it, that imports of such class or kind of merchandise have increased materially from an additional supplier country, as defined in subparagraph (C), during a period of 90 days or during a longer period as determined by the administering authority to be appropriate. The request shall allege and present supporting information that such imports are occurring. The administering authority, in making a determination under this subparagraph, shall consider the public record of its investigation of imports of merchandise subject to the existing antidumping order.''; (2) by striking subparagraph (B) and inserting the following: ``(B) Increased materially.--The administering authority shall consider imports of merchandise from an additional supplier country to have increased materially if such imports have increased by 15 percent or more over the amount of such imports during a period of comparable duration preceding initiation of the antidumping investigation of imports of merchandise subject to the existing antidumping order.''; and (3) by striking subparagraph (D) and inserting the following: ``(D) Procedures and injury determinations for expedited investigations.-- ``(i) The provisions of subsections (b)(3), (c)(4), (d), and (e) of this section, section 733 (b), (d), and (e), section 734 (a), (b), (c), (d), (e), (f), (i), (k), and (l), and section 735 (a), (c), (d), and (e) shall apply to expedited investigations under this paragraph, except that the administering authority shall issue a preliminary determination within 90 days of receiving a request for an investigation under subparagraph (A). ``(ii) Not later than 45 days after the date on which the request under subparagraph (A) is received by the administering authority, the Commission shall determine if there is a reasonable indication of material injury or threat of material injury as prescribed in section 733(a)(1). ``(iii) If the Commission makes an affirmative determination that there is a reasonable indication of material injury and the administering authority makes an affirmative final determination, The Commission shall make a final determination as prescribed in section 735(b)(1) before the later of-- ``(I) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under this subparagraph, or ``(II) the 45th day after the day on which the administering authority makes its affirmative final determination under section 735(a). ``(iv) The Commission shall make a determination under this subparagraph from reasonably available information (including public information on the administrative record of its investigation of imports of merchandise subject to the existing antidumping order). ``(v) An affirmative final determination shall not be made unless the Commission determines pursuant to the factors described in sections 735(b)(1) and 771(7) that an industry in the United States is materially injured, or threatened with material injury, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible.''. SEC. 3. REIMBURSEMENT OF DUTIES. Section 772(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting a comma; and (3) by adding at the end the following new subparagraphs: ``(C) an amount equal to the dumping margin calculated under section 771(35)(A), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any antidumping duties paid, and ``(D) an amount equal to the net countervailable subsidy calculated under section 771(6), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any countervailing duties paid.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico.

Expedited Remedy for Persistent Dumping Act of 2001 - Revises federal tariff law provisions concerning monitoring cases of suspected persistent dumping to: (1) provide for an expedited antidumping investigation of merchandise from an additional supplier country if the Commerce Department discerns imports of merchandise from the additional supplier country have increased by 15 percent or more during a period of 90 days or longer; and (2) establish Department Commerce and International Trade Commission procedures and deadlines for making determinations as to whether or not dumping and injury have occurred.Adds specific conditions for reducing the price used to establish export price or "constructed export price," meaning the amount at which the merchandise is first sold or agreed to be sold in the United States by or for the producer or exporter.

{"src": "billsum_train", "title": "To amend the Tariff Act of 1930 to provide for an expedited antidumping investigation when imports increase materially from new suppliers after an antidumping order has been issued, and to amend the provision relating to adjustments to export price and constructed export price."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Action Plan for Public Lands and Education Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Western States, as a group, are falling behind in education funding as measured by growth of real per pupil expenditures from 1979 to 1998. (2) Eleven of the 12 States with the lowest real growth in per pupil expenditures are Western States. (3) The growth rate of real per pupil expenditures in the 13 Western States is less than half such rate in the 37 other States (28 percent versus 57 percent). (4) On effect of less funding for public education in the West is higher pupil-per-teacher ratios. (5) Ten of the twelve States with the largest pupil-per- teacher ratios are Western States. (6) On average, the 13 Western States have 3 more students per classroom than the 37 other States. (7) Over the next 10 years, the rate of enrollment growth is projected to be much higher in Western States than in other States. (8) On average, the rate of enrollment growth of Western States is projected to increase dramatically, while the rate of enrollment growth of other States is projected to actually decrease. (9) The State and local taxes of Western States as a percentage of personal income are as high as or higher than other States. (10) Despite the fact that Western States tax at a comparable rate and allocate as much of their budgets to public education as other States, Western States have lower real growth in per pupil expenditures and have higher pupil-per- teacher ratios. (11) The Federal Government is the source and potential solver of the problem because of the enormous amount of land the Federal Government owns in Western States. (12) All States east of an imaginery vertical line from Montana to New Mexico have, on average, 4.1 percent of their land federally owned, while the Western States on average have 51.9 percent of their land federally owned. (13) The Acts enabling the people of territories of the American West to form their constitutions and State governments and providing for the admission of such States into the Union on equal footing with the original States, included a common provision of which the following example is typical ``That five per centum of the proceeds of the sales of public land lying within said States, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State.''. (14) The plain language of these enabling acts proclaims that the public land ``shall be sold by the United States'' subsequent to the admission of the States into the Union. (15) The United States honored the foregoing language by selling public land within the Western States until the passage of the Federal Land Policy and Management Act of 1976, wherein Congress declared that the policy of the United States was to retain public land in Federal ownership and management. (16) The United States has broken its solemn compact with the Western States and breached its fiduciary duty to the school children who are designated beneficiaries of the sale of public land under the terms of the respective enabling Acts of the Western States. (17) The current shortfall in funding public education in the Western States requires immediate Congressional action to remedy the above-described discriminatory Federal land policy and prevent the further disadvantaging of the school children of the Western States. (18) The most efficient and cost effective remedy now available to the United States is to grant to the Western States 5 percent of the remaining federal land located within each State, authorizing each State to select such land from the unappropriated public land of the United States within the boundaries of said State as will satisfy the grant. SEC. 3. QUANTITY GRANTS TO WESTERN STATES FOR EDUCATION IMPROVEMENT. (a) Quantity Land Grants.--Instead of receiving, for the support of the common schools, 5 percent of the proceeds of the sales of federally owned land lying within the Western States which have not been sold by the United States as of July 1, 2005, grants of land are hereby made to the Western States. The amount of land granted to each State shall be equal to 5 percent of the number of acres of federally owned land within the State as of July 1, 2005. (b) Selection Process.-- (1) In general.--Each Western State shall select from the unappropriated public lands within the borders of the State in such manner as the legislature of the State may provide, land equal in acreage to five percent of the federally owned land in the State as of July 1, 2005. (2) Calculation of acreage and notification of state.--The Secretary shall calculate the exact acreage of federally owned land in each Western State as of July 1, 2005, and designate the unappropriated public land, as defined herein, eligible for selection by the State. The Secretary shall communicate to each of the Western States the respective acreage calculation and designation of land eligible for selection not later than 1 year after the date of the enactment of this Act. (c) Application of Certain Law.--Selection and transfer of land under this Act shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969. (d) Mineral and Oil and Gas Rights.-- (1) In general.--All mineral, oil, and gas rights to the land selected by the Western States under this Act shall become the property of the relevant Western State unless the Federal lessee of the selected land is making royalty payments to the United States from production of minerals, oil, or gas, whereupon the particular leasehold interest shall remain in the ownership of the United States until the leasehold interest terminates. After that termination, the mineral, oil, and gas rights shall become the property of the relevant Western State. (2) Selection of surface rights.--Western States may select only the surface of eligible land if the land is located on subsurface mineral, oil, or gas deposits that are generating royalty payments to the United States. The entire mineral, oil, and gas estate shall become the property of the Western State upon termination of the Federal lease. (e) Permanent School Fund.--All land selected by each of the Western States shall be held in trust by a State educational agency empowered to sell or lease such land, the proceeds of which shall be used as a permanent fund, the interest of which shall be expended only for the support of public education. (f) Definitions.--In this Act: (1) The term ``Western States'' means Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming. (2) The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (3) The term ``State educational agency'' means the agency of the State primarily responsible for the supervision of education. (4) The term ``federally owned land'' means all land held in the name of the United States or any agency thereof, including land held in trust, United States military reservations, Indian reservations, and any other land used for Federal purposes. (5) The term ``unappropriated public lands'' means any and all land under the management and control of the Bureau of Land Management or United States Forest Service, excluding land that is-- (A) held in trust; (B) located within a United States military reservation; (C) a unit of the National Park System; (D) a Wildlife Refuge; (E) a Wilderness Area designated by Congress; or (F) a National Historic Site.

Action Plan for Public Lands and Education Act of 2005 - Makes grants of land to 13 western states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming) in lieu of receiving, for the support of the common schools, five percent of the proceeds of the sales of federal land within such states which have not been sold by the United States as of July 1, 2005. Makes the amount of land granted to each state five percent of the number of acres of federally owned land within that state as of July 1, 2005. Requires land selected to be held in trust, sold or leased, and the proceeds used for a permanent fund, the interest of which shall be expended only for the support of public education.

{"src": "billsum_train", "title": "A bill to authorize Western States to make selections of public land within their borders in lieu of receiving five per centum of the proceeds of the sale of public land lying within said States as provided by their respective Enabling Acts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sangre de Cristo National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Sangre de Cristo National Heritage Area established by section 3(a). (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by section 3(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 5. (4) Map.--The term ``map'' means the map entitled ``Proposed Sangre De Cristo National Heritage Area'' and dated November 2005. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Colorado. SEC. 3. SANGRE DE CRISTO NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Sangre de Cristo National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of-- (1) the counties of Alamosa, Conejos, and Costilla; and (2) the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the Great Sand Dunes National Park and Preserve, and other areas included in the map. (c) Map.--A map of the Heritage Area shall be-- (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.-- (1) In general.--The management entity for the Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors. (2) Membership requirements.--Members of the Board shall include representatives from a broad cross-section of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. SEC. 4. ADMINISTRATION. (a) Authorities.--For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this Act to-- (1) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (b) Duties.--The management entity shall-- (1) in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year that Federal funds have been received under this Act-- (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (d) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located in the core area described in section 3(b); and (ii) any other property in the core area that-- (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (D) a program of implementation for the management plan by the management entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this Act until the date that the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (B) Use of funds.--The management entity shall not use Federal funds authorized by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the management entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Sangre de Cristo National Heritage Area Act - Establishes the Sangre de Cristo National Heritage Area in Colorado. Designates the Sangre de Cristo National Heritage Area Board of Directors as the management entity for the Heritage Area. Requires the Board to prepare and submit a management plan for the Heritage Area.

{"src": "billsum_train", "title": "A bill to establish the Sangre de Cristo National Heritage Area in the State of Colorado, and for other purposes."}

SECTION 1. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES. (a) Findings.--The Congress makes the following findings: (1) Surveys indicate that, in countries of predominantly Muslim population, opinions of the United States and American foreign policy among the general public and select audiences are significantly distorted by highly negative and hostile beliefs and images and that many of these beliefs and images are the result of misinformation and propaganda by individuals and organizations hostile to the United States. (2) These negative opinions and images are highly prejudicial to the interests of the United States and to its foreign policy. (3) As part of a broad and long-term effort to enhance a positive image of the United States in the Muslim world, a key element should be the establishment of programs to promote a greater familiarity with American society and values among the general public and select audiences in countries of predominantly Muslim population. (b) Establishment of Initiatives.--The Secretary of State shall establish the following programs with countries with predominantly Muslim populations as part of the educational and cultural exchange programs of the Department of State: (1) Journalism program.--A program for foreign journalists and postsecondary students of journalism which, in cooperation with private sector sponsors to include universities, shall sponsor workshops and professional training in techniques, standards, and practices in the field of journalism to assist the participants to achieve the highest standards of professionalism. (2) Libraries.--The Secretary of State shall develop and implement a demonstration program to assist foreign governments to establish or upgrade their public library systems to improve literacy, support public education, and provide youth recreation centers. The program shall provide training in the library sciences, including exchange opportunities for postsecondary study in the United States. The purpose of the program shall be to advance American values and society, particularly the importance of freedom and democracy. (3) English language teaching.--The Secretary shall establish a program to provide grants to United States citizens to work in middle and secondary schools as English language teaching assistants for not less than an academic year. If feasible, the host government or local educational agency shall share the salary costs of the assistants. (4) Sister city partnerships.--The Secretary shall expand and enhance sister-city partnerships between United States and foreign municipalities in an effort to increase global cooperation at the community level. Such partnerships shall encourage economic development, municipal cooperation, health care initiatives, youth and educational programs, disability advocacy, emergency preparedness, and humanitarian assistance. (5) Youth ambassadors.--The Secretary shall establish a program for visits by middle and secondary school students to the United States during school holidays in their home country for periods not to exceed 4 weeks. Participating students shall reflect the economic and geographic diversity of their countries. Activities shall include cultural and educational activities designed to familiarize participating students with American society and values. To the extent practicable, such visits shall be coordinated with middle and secondary schools in the United States to provide for school-based activities and interactions. The Secretary shall encourage the establishment of direct school-to-school linkages under the program. (6) Fulbright exchange program.--The Secretary shall seek to substantially increase the number of awards under the J. William Fulbright Educational Exchange Program to graduate students, scholars, professionals, teachers, and administrators from the United States who are applying for such awards to study, teach, conduct research, or pursue scholarship in predominantly Muslim countries. Part of such increase shall include awards for scholars and teachers who plan to teach subjects relating to American studies. (7) Hubert h. humphrey fellowships.--The Secretary shall seek to substantially increase the number of Hubert H. Humphrey Fellowships awarded to candidates from predominantly Muslim countries. (c) General Provision.--Programs established under this section shall be carried out under the provisions of the United States Information and Educational Exchange Act of 1948 and the Mutual Educational and Cultural Exchange Act of 1961. SEC. 2. DATABASE OF ALUMNI OF AMERICAN AND FOREIGN PARTICIPANTS IN EXCHANGE PROGRAMS. The Secretary, in coordination with the heads of other agencies that conduct international exchange and training programs, shall establish and maintain a database listing all American and foreign alumni of such programs in order to encourage networking, interaction, and communication with alumni. SEC. 3. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Congress a report concerning the implementation of section 102 of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (22 U.S.C. 2452 note). The report shall include information concerning the number of grants to conduct exchange programs to countries described in such section that have been submitted for competitive bidding, what measures have been taken to ensure that willingness to include supporters of freedom and democracy in such programs is given appropriate weight in the selection of grantees, and an evaluation of whether United States exchange programs in the countries described in such section are fully open to supporters of freedom and democracy, and, if not, what obstacles remain and what measures are being taken to implement such policy. SEC. 4. STATUTORY CONSTRUCTION. Nothing in this Act may be construed to authorize the issuance of any visa to, or the admission to the United States of, any alien who is inadmissible to the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Department of State $35,000,000 for each of the fiscal years 2003 and 2004 to carry out this Act. SEC. 6. SECRETARY DEFINED. In this Act, the term ``Secretary'' means the Secretary of State.

Directs the Secretary of State to establish certain journalism, library, English language teaching, sister city partnership, youth ambassador, J. William Fulbright Education Exchange Program, and Hubert H. Humphrey Fellowship initiatives with countries with predominantly Muslim populations as part of the Department of State's educational and cultural exchange programs.Directs the Secretary of State to establish and maintain a database listing all American and foreign alumni of such program initiatives in order to encourage networking, interaction, and communication with alumni.Directs the Secretary to report to Congress on implementation of certain provisions of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 directing the Director of the U.S. Information Agency to take appropriate steps to provide opportunities for participation of human rights and democracy leaders in educational and cultural exchange programs in countries whose people do not fully enjoy freedom and democracy (including but not limited to China, Vietnam, Cambodia, Tibet, and Burma).

{"src": "billsum_train", "title": "A bill to enhance United States diplomacy, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Centers Sustainability Act of 1999''. SEC. 2. PRIVATE NONPROFIT ORGANIZATIONS. Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: ``(2) the term `private nonprofit organization' means an entity described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code;''; and (2) in subsection (b), by inserting ``nonprofit'' after ``private''. SEC. 3. INCREASED MANAGEMENT OVERSIGHT AND REVIEW OF WOMEN'S BUSINESS CENTERS. Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- (1) by striking subsection (h) and inserting the following: ``(h) Program Examination.-- ``(1) In general.--The Administration shall-- ``(A) develop and implement procedures to annually examine the programs and finances of each women's business center established pursuant to this section, pursuant to which each such center shall provide to the Administration-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the center during the preceding year in order to meet the requirements of subsection (c) and, with respect to any in-kind contributions described in subsection (c)(2) that were used to satisfy the requirements of subsection (c), verification of the existence and valuation of those contributions; and ``(B) analyze the results of each such examination and, based on that analysis, make a determination regarding the viability of the programs and finances of each women's business center. ``(2) Extension of contracts.--In determining whether to extend or renew a contract with a women's business center, the Administration-- ``(A) shall consider the results of the most recent examination of the center under paragraph (1); and ``(B) may withhold such extension or renewal, if the Administration determines that-- ``(i) the center has failed to provide any information required to be provided under clause (i) or (ii) of paragraph (1)(A), or the information provided by the center is inadequate; or ``(ii) the center has failed to provide any information required to be provided by the center for purposes of the report of the Administration under subsection (j), or the information provided by the center is inadequate.''; and (2) by striking subsection (j) and inserting the following: ``(j) Management Report.-- ``(1) In general.--The Administration shall prepare and submit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of all projects conducted under this section. ``(2) Contents.--Each report submitted under paragraph (1) shall include information concerning, with respect to each women's business center established pursuant to this section-- ``(A) the number of individuals receiving assistance; ``(B) the number of startup business concerns formed; ``(C) the gross receipts of assisted concerns; ``(D) the employment increases or decreases of assisted concerns; ``(E) to the maximum extent practicable, increases or decreases in profits of assisted concerns; ``(F) documentation detailing the most recent analysis undertaken under subsection (h)(1)(B) and the determinations made by the Administration with respect to that analysis; and ``(G) demographic data regarding the staff of the center.''. SEC. 4. WOMEN'S BUSINESS CENTER SUSTAINABILITY PILOT PROGRAM. (a) In General.--Section 29 of the Small Business Act (15 U.S.C. 656) is amended by adding at the end the following: ``(l) Sustainability Pilot Program.-- ``(1) In general.--There is established a 4-year pilot program under which the Administration is authorized to make grants (referred to in this section as `sustainability grants') on a competitive basis for an additional 5-year project under this section to any private nonprofit organization (or a division thereof)-- ``(A) that has received financial assistance under this section pursuant to a grant, contract, or cooperative agreement; and ``(B) that-- ``(i) is in the final year of a 5-year project; or ``(ii) to the extent that amounts are available for such purpose under subsection (k)(4)(B), has completed a project financed under this section (or any predecessor to this section) and continues to provide assistance to women entrepreneurs. ``(2) Conditions for participation.--In order to receive a sustainability grant, an organization described in paragraph (1) shall submit to the Administration an application, which shall include-- ``(A) a certification that the applicant-- ``(i) is a private nonprofit organization; ``(ii) employs a full-time executive director or program manager to manage the women's business center for which a grant is sought; and ``(iii) as a condition of receiving a sustainability grant, agrees-- ``(I) to an annual examination by the Administration of the center's programs and finances; and ``(II) to the maximum extent practicable, to remedy any problems identified pursuant to that examination; ``(B) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center site for which a sustainability grant is sought, including the ability to raise financial resources; ``(C) information relating to assistance provided by the women's business center site for which a sustainability grant is sought in the area in which the site is located, including-- ``(i) the number of individuals assisted; ``(ii) the number of hours of counseling, training, and workshops provided; and ``(iii) the number of startup business concerns formed; ``(D) information demonstrating the effective experience of the applicant in-- ``(i) conducting financial, management, and marketing assistance programs, as described in paragraphs (1), (2), and (3) of subsection (b), designed to impart or upgrade the business skills of women business owners or potential owners; ``(ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; ``(iii) using resource partners of the Administration and other entities, such as universities; ``(iv) complying with the cooperative agreement of the applicant; and ``(v) prudently managing finances and staffing, including the manner in which the performance of the applicant compared to the business plan of the applicant and the manner in which grants made under subsection (b) were used by the applicant; and ``(E) a 5-year plan that demonstrates the ability of the women's business center site for which a sustainability grant is sought-- ``(i) to serve women business owners or potential owners in the future by improving fundraising and training activities; and ``(ii) to provide training and services to a representative number of women who are both socially and economically disadvantaged. ``(3) Review of applications.-- ``(A) In general.--The Administration shall-- ``(i) review each application submitted under paragraph (2) based on the information provided under subparagraphs (D) and (E) of that paragraph, and the criteria set forth in subsection (f); and ``(ii) approve or disapprove applications for sustainability grants simultaneously with applications for grants under subsection (b). ``(B) Data collection.--Consistent with the annual report to Congress under subsection (j), each women's business center site that receives a sustainability grant shall, to the maximum extent practicable, collect the information relating to-- ``(i) the number of individuals assisted; ``(ii) the number of hours of counseling and training provided and workshops conducted; ``(iii) the number of startup business concerns formed; ``(iv) any available gross receipts of assisted concerns; and ``(v) the number of jobs created, maintained, or lost at assisted concerns. ``(C) Record retention.--The Administration shall maintain a copy of each application submitted under this subsection for not less than 10 years. ``(4) Non-federal contribution.-- ``(A) In general.--Notwithstanding any other provision of this section, as a condition of receiving a sustainability grant, an organization described in paragraph (1) shall agree to obtain, after its application has been approved under paragraph (3) and notice of award has been issued, cash and in-kind contributions from non-Federal sources for each year of additional program participation in an amount equal to 1 non-Federal dollar for each Federal dollar. ``(B) In-kind contributions.--Not more than 50 percent of the non-Federal assistance obtained for purposes of subparagraph (A) may be in the form of in- kind contributions that exist only as budget line items, including such contributions of office equipment and office space. ``(5) Timing of requests for proposals.--In carrying out this subsection, the Administration shall issue requests for proposals for women's business centers applying for the pilot program under this subsection simultaneously with requests for proposals for grants under subsection (b).''. (b) Authorization of Appropriations.--Section 29(k) of the Small Business Act (15 U.S.C. 656(k)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--There is authorized to be appropriated, to remain available until the expiration of the pilot program under subsection (l)-- ``(A) $12,000,000 for fiscal year 2000; ``(B) $12,800,000 for fiscal year 2001; ``(C) $13,700,000 for fiscal year 2002; and ``(D) $14,500,000 for fiscal year 2003.''; (2) in paragraph (2)-- (A) by striking ``Amounts made'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), amounts made''; and (B) by adding at the end the following: ``(B) Exception.--Of the total amount made available under this subsection for a fiscal year, the following amounts shall be available for costs incurred in connection with the selection of applicants for assistance under this subsection and with monitoring and oversight of the program authorized under this subsection: ``(i) For fiscal year 2000, 2 percent of such total amount. ``(ii) For fiscal year 2001, 1.9 percent of such total amount. ``(iii) For fiscal year 2002, 1.9 percent of such total amount. ``(iv) For fiscal year 2003, 1.6 percent of such total amount.''; and (3) by adding at the end the following: ``(4) Reservation of funds for sustainability pilot program.-- ``(A) In general.--Of the total amount made available under this subsection for a fiscal year, the following amounts shall be reserved for sustainability grants under subsection (l): ``(i) For fiscal year 2000, 17 percent of such total amount. ``(ii) For fiscal year 2001, 18.8 percent of such total amount. ``(iii) For fiscal year 2002, 30.2 percent of such total amount. ``(iv) For fiscal year 2003, 30.2 percent of such total amount. ``(B) Use of unawarded reserve funds.-- ``(i) Sustainability grants to other centers.--Of amounts reserved under subparagraph (A), the Administration shall use any funds that remain available after making grants in accordance with subsection (l) to make grants under such subsection to women's business center sites that have completed a project financed under this section (or any predecessor to this section) and that continue to provide assistance to women entrepreneurs. ``(ii) Additional grants.--The Administration shall use any funds described in clause (i) that remain available after making grants under such clause to make grants to additional women's business center sites, or to increase the grants to existing women's business center sites, under subsection (b).''. (c) Guidelines.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue guidelines to implement the amendments made by this section. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 1999. Passed the House of Representatives October 19, 1999. Attest: JEFF TRANDAHL, Clerk.

(Sec. 3) Directs the Small Business Administration (SBA) to: (1) perform an annual examination of the programs and finances of each women's business center; and (2) determine the viability of each center after such examination. Requires a report from the SBA to the congressional small business committees on the effectiveness of all projects conducted under the women's business centers program. (Sec. 4) Establishes a four-year pilot program under which the SBA is authorized to make grants on a competitive basis to organizations that have received assistance for participation in the women's business centers program and that: (1) are in the final year of a five-year project; or (2) have completed a financed project and continue to provide assistance to women entrepreneurs. Outlines grant participation conditions, including certification that the organization is private and nonprofit and submission of a five-year plan that demonstrates the organization's ability to serve women business owners or potential owners and to provide training and services to women who are both socially and economically disadvantaged. Outlines matching fund requirements and application procedures. Authorizes appropriations for FY 2000 through 2003 for the pilot program, earmarking specified amounts for administrative costs related to the selection of grant participants and sustainability grants.

{"src": "billsum_train", "title": "Women's Business Centers Sustainability Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills Gap Strategy Act of 2013''. SEC. 2. STRATEGY REPORT. (a) Strategy Report Required.--The Secretary shall develop and submit to Congress a strategy report to address the skills gap by providing analysis and recommendations to increase on-the-job training and apprenticeship opportunities and increase employer participation in education and workforce training. (b) Goals of the Strategy Report.--The strategy report required by subsection (a) shall include specific recommendations to achieve the following goals: (1) To increase the aggregate number of employers and employees participating in on-the-job training and apprenticeships. (2) To determine ways in which the Department of Labor can increase employer outreach to encourage new and expanded employer participation in education and workforce training. (3) To identify and prioritize industry-recognized postsecondary credentials that are nationally portable and aligned with in-demand occupations in industries such as construction, manufacturing, and others that are emerging. (4) To determine ways in which the Department of Labor can better address the skills gap by maximizing existing resources, programs, and personnel. (c) Analysis Required.--As part of the strategy report under subsection (a), the Secretary shall, at a minimum, include the following: (1) A comparison of United States on-the-job training and apprenticeship policies and strategies with the policies and strategies of other countries where employers play a larger role in education and workforce training. (2) An assessment of the Department of Labor's Registered Apprenticeship program to determine how it can be better utilized to appeal to more industries and to boost the goals described in subsection (b). (3) An evaluation of any existing or potential opportunities within the Department of Labor to refocus or repurpose resources and personnel to better support on-the-job training and apprenticeship goals. (4) An analysis of the specific barriers preventing the domestic workforce from acquiring the skills desired by domestic employers, including an assessment of opportunities to reduce those barriers by-- (A) improving coordination between Federal agencies that administer employment and training programs; and (B) modifying Federal employment and training programs to enable States to better utilize Federal employment and training funds. (d) Recommendations.--The Secretary shall include in the skills gap strategy report required under subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows: (1) Actions that may be taken by the Federal Government, Congress, State, local and territorial governments, the private sector, universities, industry associations, and other stakeholders to improve policies, coordination, and interaction between such entities, including strategies and best practices to-- (A) boost public-private partnerships and employer- led partnerships; and (B) help establish regional industry partnerships. (2) Adoption of strategies that have been implemented and proven successful in key industries and regions in the United States and in other countries. (3) In coordination with the Secretary of Commerce and the Secretary of Education, develop plans that identify strategies-- (A) for increased employer participation in career and technical education; (B) to better align career and technical education curriculums and programs with fast growing industry sectors; (C) to encourage more pre-apprenticeship and college credit courses in secondary schools; (D) to improve school-to-work transitions and connections; and (E) to assist employers in partnering with K-12 schools, community colleges, and service providers. (e) Submittal of Strategy Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the strategy report developed under this section. (f) Implementation.--The Secretary may implement the recommendations under subsection (d) as the Secretary determines appropriate, if otherwise permitted under law. SEC. 3. DEFINITIONS. In this Act: (1) Industry recognized.--The term ``industry-recognized'', as used with respect to a credential, means a credential that-- (A) is sought or accepted by employers within the industry sector involved as recognized, preferred, or required for recruitment, screening, hiring, or advancement; (B) is endorsed by a recognized trade or professional association or organization, representing a significant part of the industry sector; and (C) is a nationally portable credential that is sought or accepted across multiple States, as described in subparagraph (A). (2) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' means a credential consisting of an industry-recognized credential for postsecondary training, a certificate that meets the requirements of subparagraphs (A) and (C) of paragraph (1) for postsecondary training, a certificate of completion of a postsecondary apprenticeship through a program described in section 122(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2842(a)(2)(B)), or an associate degree or baccalaureate degree awarded by an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) Skills gap.--The term ``skills gap'' refers to the difference, or gap, between the current supply of labor and skills of the workforce and that which is desired by employers.

Skills Gap Strategy Act of 2013 - Directs the Secretary of Labor to develop a strategy report to address the skills gap by providing analysis and recommendations to increase on-the-job training and apprenticeship opportunities, identify industry-recognized postsecondary credentials that are nationally portable and aligned with in-demand occupations in industries such as construction, manufacturing, and others that are emerging, and increase employer participation in education and workforce training. Defines the term "skills gap" as the difference, or gap, between the current supply of labor and skills of the workforce and that which is desired by employers.

{"src": "billsum_train", "title": "Skills Gap Strategy Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Missile Defense Cooperation Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The State of Israel remains under grave threat and frequent attack from missiles, rockets, and mortar shells fired at Israeli civilian targets by militants from Foreign Terrorist Organizations such as Hamas and Palestinian Islamic Jihad on its southern border and by Hezbollah on its northern border, which have killed, wounded, or inflicted psychological trauma on countless Israelis. Additionally, Israel faces a potential ballistic missile threat from Iran and Syria. (2) The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense. (3) The United States remains committed to Israel's qualitative military edge, including its advantage over non- state actors such as Hezbollah and Hamas, which boast increasingly sophisticated and powerful weapons as a result of support from Iran, Syria, and other state actors. (4) The United States can help to advance its own vital national security interests and the cause of Middle Eastern peace and stability by supporting Israel's ability to defend itself against missiles, rockets, and other threats. (5) United States-Israel missile defense cooperation dates back over two decades with great success, such as the Arrow Weapon System, which is already protecting Israel. These systems are life-saving, war-preventing and the technologies of the cooperative programs belong to both the United States and Israel. (6) United States industries are equal partners in the development of the cooperative systems, which creates employment opportunities in the United States and Israel. All technical milestones to date have been met on time. (7) The David's Sling Weapon System (DSWS), in joint development by the United States and Israel, is being designed to intercept short-range and medium-range ballistic missiles, long-range rockets, and cruise missiles. (8) The David's Sling Weapon System successfully intercepted an inert medium-range rocket in November 2012, and defense officials expect the program to be fully operational as planned on time. (9) The Arrow 3 Weapon System, in joint development by the United States and Israel, is being designed to intercept long- range missiles in high altitude in order to minimize leakage from a nuclear or chemical warhead. (10) The Arrow 3 Weapon System completed a successful fly- out test in February 2013 and July 2013. (11) The Arrow Weapon System, in joint development between the United States and Israel, has been operational since 2000 and targets medium-range ballistic missiles. (12) The Israeli Defense Forces report that the Iron Dome anti-rocket defense system has achieved a success rate of more than 85 percent, intercepting rockets bound for residential neighborhoods, busy road junctions, shopping centers, and crowded streets across Israel. (13) The success of the Iron Dome anti-rocket defense system during Operation Pillar of Defense in November 2012 averted massive Israeli casualties, thereby decreasing Israel's need to conduct a ground-based attack against Gaza-based terrorists, enhancing Israel's operational flexibility, and preventing terrorists from plunging the region into crisis whenever they choose. (14) Israel has indicated that it is ready to share the technology of the Iron Dome anti-rocket defense system with the United States, which would strengthen United States defense capabilities. (15) The Government of Israel currently has five operational Iron Dome batteries deployed in the field, which are far from sufficient to protect all of Israel's territory. SEC. 3. AUTHORIZATION OF ASSISTANCE TO ISRAEL FOR THE IRON DOME ANTI- ROCKET DEFENSE SYSTEM AND AUTHORIZATION FOR COOPERATION ON THE DAVID'S SLING, ARROW, AND ARROW 3 ANTI-MISSILE DEFENSE SYSTEMS. The President, acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance, upon request of the Government of Israel, for the procurement of the Iron Dome anti- rocket defense system, as well as authorization for cooperation on the development, maintenance, enhancement, and sustainment of the David's Sling, Arrow, and Arrow 3 anti-missile defense systems, for the purposes of intercepting short-range, medium-range, and long-range rockets, missiles, and projectiles launched against Israel.

United States-Israel Missile Defense Cooperation Act of 2013 - Authorizes the President, acting through the Secretary of Defense (DOD) and the Secretary of State, to provide assistance, upon request of the Israeli government, for the procurement of the Iron Dome anti-rocket defense system, as well as authorization for cooperation on the development, maintenance, enhancement, and sustainment of the David's Sling, Arrow, and Arrow 3 anti-missile defense systems, for the purposes of intercepting rockets, missiles, and projectiles launched against Israel.

{"src": "billsum_train", "title": "United States-Israel Missile Defense Cooperation Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Conservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy; (2) the chimpanzee, gorilla, bonobo, and orangutan are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations; (4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species; (5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, and live capture; (6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights; and (7) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will require the joint commitment and effort of countries that have within their boundaries any part of the range of great apes, the United States and other countries, and the private sector. (b) Purposes.--The purposes of this Act are-- (1) to perpetuate viable populations of great apes in the wild; and (2) to assist in the conservation and protection of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Agency for International Development. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (3) Conservation.--The term ``conservation''-- (A) means the use of methods and procedures necessary to prevent the diminution of wild populations of a species; and (B) includes all activities associated with wildlife management, such as-- (i) conservation, protection, restoration, acquisition, and management of habitat; (ii) in-situ research and monitoring of populations and habitats; (iii) assistance in the development, implementation, and improvement of management plans for managed habitat ranges; (iv) enforcement and implementation of CITES; (v) enforcement and implementation of domestic laws relating to resource management; (vi) development and operation of sanctuaries for members of a species rescued from the illegal trade in live animals; (vii) programs for the rehabilitation of members of a species and release of the members into the wild; (viii) conflict resolution initiatives; and (ix) community outreach and education. (4) Fund.--The term ``Fund'' means the Great Ape Conservation Fund established by section 5. (5) Great ape.--The term ``great ape'' means a chimpanzee, gorilla, bonobo, or orangutan. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREAT APE CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with the Administrator, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of great apes for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of great apes may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if the activities of the authority directly or indirectly affect a great ape population; (B) the CITES Secretariat; or (C) any person or group with the demonstrated expertise required for the conservation of great apes. (2) Required elements.--A project proposal shall include-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staff and community management for the project; and (iii) the logistics of the project; (E) an estimate of the funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the Administrator; and (B) review each project proposal to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with the Administrator, shall-- (A) request written comments on the proposal from the government of each country in which the project is to be conducted; (B) after taking into consideration any comments submitted in response to the request, approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, the Administrator, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will enhance programs for conservation of great apes by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and great apes that arise from competition for the same habitat; (3) enhance compliance with CITES and laws of the United States or a foreign country that prohibit or regulate the taking or trade of great apes or regulate the use and management of great ape habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of great ape habitat; (B) great ape population numbers and trends; or (C) the current and projected threats to the habitat, current and projected numbers, or current and projected trends; or (5) promote cooperative projects on the issues described in paragraph (4) among foreign governments, affected local communities, nongovernmental organizations, or other persons in the private sector. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of great apes and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary and the Administrator periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with the Administrator, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding.--Amounts provided as a grant under this Act may not be used for captive breeding of great apes other than for captive breeding for release into the wild. SEC. 5. GREAT APE CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a trust fund to be known as the ``Great Ape Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--An amount not to exceed 6 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) 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. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2000 through 2004.

Great Ape Conservation Act of 1999 - Directs the Secretary of the Interior to use amounts in the Great Ape Conservation Fund (to be established under this Act) to provide financial assistance for projects for the conservation of great apes (chimpanzees, gorillas, bonobos, and orangutans). Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if such authority's activities affect a great ape population; (2) the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) Secretariat; or (3) any person or group with the demonstrated expertise required for the conservation of great apes. Sets forth provisions governing: (1) the required elements of project proposals; (2) project review and approval; and (3) assistance recipient reporting requirements. Prohibits the use of grant amounts for captive breeding of great apes other than for captive breeding for release into the wild. Authorizes appropriations.

{"src": "billsum_train", "title": "Great Ape Conservation Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cabin Fee Act of 2014''. SEC. 2. CABIN USER FEES. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Interim Fee.--During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of-- (1) the fee determined under the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,600. (c) Completion of Current Appraisal Cycle.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current appraisal cycle''). (d) Lot Value.--Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal-- (1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or (2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. (e) Adjustment.--On the date of completion of the current appraisal cycle, and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (f) Annual Fee.-- (1) Base.--After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure: ------------------------------------------------------------------------ Approximate Percent of Fee Fee Tier Permits Nationally Amount ------------------------------------------------------------------------ Tier 1............................ 6 percent................ $650 Tier 2............................ 16 percent............... $1,150 Tier 3............................ 26 percent.............. $1,650 Tier 4............................ 22 percent.............. $2,150 Tier 5............................ 10 percent.............. $2,650 Tier 6............................ 5 percent................ $3,150 Tier 7............................ 5 percent............... $3,650 Tier 8............................ 3 percent............... $4,150 Tier 9............................ 3 percent............... $4,650 Tier 10........................... 3 percent............... $5,150 Tier 11........................... 1 percent................ $5,650. ------------------------------------------------------------------------ (2) Inflation adjustment.--The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy adjustment.-- (A) In general.--The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal.--The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with subparagraph (A) whether to suspend or reduce temporarily the annual fee. (g) Periodic Review.-- (1) In general.--Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) analyzes the annual fees set forth in the table under subsection (f) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation.--The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). SEC. 3. CABIN TRANSFER FEES. (a) In General.--The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments.--The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. SEC. 4. EFFECT. (a) In General.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska.--The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 5. RETENTION OF FEES. (a) In General.--Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use.--Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. SEC. 6. REPEAL OF CABIN USER FEE FAIRNESS ACT OF 2000. Effective on the date of the assessment of annual permit fees in accordance with section 2(f) (as certified to Congress by the Secretary), the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.

Cabin Fee Act of 2014 - (Sec. 2) Establishes a new process for the Secretary of Agriculture (USDA) to set annual fees for the issuance of special use permits for the use and occupancy of National Forest System land for recreational residences commonly referred to as cabins. Replaces the current process under which annual user fees are adjusted annually based on changes in land values, which are subject to reappraisals and appeals, with a new tiered system in which fees based on the current appraisal cycle are capped at a specified amount and adjusted annually for inflation only. Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act; and (2) assess an interim annual fee for them according to a specified formula. Specifies the annual fee for each of 11 fee tiers that are adjusted annually for inflation. Requires the Secretary to report after 10 years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system. (Sec. 3) Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. (Sec. 5) Permits the Secretary, beginning 10 years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation; and (2) use them to administer the recreational residence program and other recreation programs carried out on System land. (Sec. 6) Repeals the Cabin User Fee Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act.

{"src": "billsum_train", "title": "Cabin Fee Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Extended Retirement Credit Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to extend creditable service, for purposes of the Civil Service Retirement System, for periods of service in certain qualified Federal-State cooperative programs which had agricultural or related purposes; (2) to expedite the retirement of certain Federal Government employees by providing them improved retirement opportunities at typical retirement ages, thereby mitigating potentially adverse effects of deficit control measures on the welfare of those and other employees of the United States Department of Agriculture; and (3) to effect savings in budget authority and outlays in the Department of Agriculture in such a manner that the potential for adverse effects on program effectiveness is minimized. SEC. 3. EXTENSION OF CREDITABLE SERVICE. (a) Extended Credit Defined.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (27); (2) by striking the period at the end of paragraph (28) and inserting ``; and''; and (3) by adding after such paragraph (28) the following: ``(29) `extended credit' means creditable service for periods of service in Federal-State cooperative programs under section 8332(b)(18).''. (b) Creditable Service.--Section 8332(b) of title 5, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding after such paragraph (17) the following: ``(18) subject to sections 8334(c) and 8339(i), service performed before January 1, 1984, by an individual in the employ of a State or an instrumentality of a State, if-- ``(A) such service involved duties related to the carrying out of a Federal-State cooperative program described in subsection (o)(1); ``(B) such individual was later employed in a position which was then subject to this subchapter; and ``(C) such individual (or a survivor thereof) makes application for certification of credit for such service on or before the 180th day following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002.''. (c) Certification.--Section 8332(b) of title 5, United States Code, is further amended by adding at the end the following: ``The Office of Personnel Management shall accept, for purposes of this subchapter, the certification of the Secretary of Agriculture, or his designee, concerning service of the type described in paragraph (18).''. (d) Cooperative Programs Described.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) The Federal-State cooperative programs described in this subsection for which creditable service is allowable under subsection (b)(18) are-- ``(A) the Federal-State cooperative program of agricultural research of the State agricultural experiment stations as defined in section 1 of the Act entitled `An Act to consolidate the Hatch Act of 1887 and laws supplementary thereto relating to the appropriation of Federal funds for support of agricultural experiment stations in the States, Alaska, Hawaii, and Puerto Rico', approved August 11, 1955 (69 Stat. 671); ``(B) the Federal-State cooperative program of forestry research at eligible institutions of the State as defined in section 2 of the Act entitled `An Act to authorize the Secretary of Agriculture to encourage and assist the several States in carrying on a program of forestry research, and for other purposes', approved October 10, 1962 (76 Stat. 806), and popularly referred to as the McIntire-Stennis Act; ``(C) the Federal-State cooperative program of agricultural research for the fiscal year ending June 30, 1967 and later fiscal years at the 1890 land-grant colleges, including Tuskegee Institute, as defined in subsection 1445(a) of the `National Agricultural Research, Extension, and Teaching Policy Act of 1977', approved September 29, 1977 (91 Stat. 1009); ``(D) the Federal-State cooperative program of agricultural extension work authorized by the Act entitled `An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture', approved May 8, 1914 (38 Stat. 372), and acts supplementary thereto; ``(E) the Federal-State cooperative program of vocational education, including State programs of instruction in vocational agriculture and home economics authorized by the Act entitled `An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure', approved February 23, 1917 (39 Stat. 929), and acts supplementary thereto; ``(F) the Federal-State cooperative program in marketing service and research authorized by the Agricultural Marketing Act of 1946, approved August 14, 1946 (60 Stat. 1087), and predecessor programs, including programs to inspect, certify, and identify the class, quality, quantity, and condition of agricultural products shipped or received in interstate commerce; ``(G) the Federal-State cooperative program for the control of plant pests and animal diseases authorized by the subheading entitled `Federal Horticulture Board' under the heading entitled `Department of Agriculture' of the Act entitled `An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes', approved October 6, 1917 (40 Stat. 374); by section 102 of the Department of Agriculture Organic Act of 1944, approved September 21, 1944 (58 Stat. 734); by the joint resolution entitled `Joint resolution making funds available for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, mormon crickets, and chinch bugs', approved April 6, 1937 (50 Stat. 57); by the Act entitled `An Act to provide for regulating, inspecting, cleaning, and, when necessary, disinfecting railway cars, other vehicles, and other materials entering the United States from Mexico', approved January 31, 1942 (56 Stat. 40); by the Act entitled `An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes', approved August 20, 1912 (37 Stat. 315); by the first paragraph under the subheading entitled `Enforcement of the Plant-Quarantine Act' under the heading entitled `Miscellaneous' of the Act entitled `An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen', approved March 4, 1913 (37 Stat. 853), insofar as such paragraph relates to the importation of certain plants for scientific purposes; by the second, third, and fourth paragraphs under the subheading entitled `Enforcement of the Plant-Quarantine Act' under the heading entitled `Miscellaneous' of the Act entitled `An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and sixteen', approved March 4, 1915 (38 Stat. 1113); and by section 11 of the Act entitled `An Act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals', approved May 29, 1884 (23 Stat. 31); ``(H) the Federal-State cooperative programs of forest protection, management, and improvement performed under authority of the Act entitled `An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on the lands chiefly suitable therefore', approved June 7, 1924 (43 Stat. 653); of the Cooperative Forest Management Act, approved August 25, 1950 (64 Stat. 473); and of the Forest Pest Control Act, approved June 25, 1947 (61 Stat. 177); and the predecessor programs of any Act referred to in this paragraph; ``(I) the Federal-State cooperative programs of emergency relief, including State rural rehabilitation corporation programs established for the purposes of the Federal Emergency Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the Act entitled `An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the civil works program, and for other purposes', approved February 15, 1934 (48 Stat. 351); and title II of the Act entitled `An Act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes', approved June 19, 1934 (48 Stat. 1021); ``(J) the Federal-State Cooperative Veterans' educational programs, including part-time instruction in on-the-farm training programs, as provided for in title II, chapter IV, `Education of Veterans', of the Serviceman's Readjustment Act of 1944, approved June 22, 1944 (58 Stat. 287), and subsequent amendments and Acts pertaining thereto; ``(K) the Federal-State cooperative programs in wildlife restoration and in fish restoration and management authorized respectively by the Acts entitled `An Act to provide that the United States shall aid these States in wildlife restoration projects, and for other purposes', approved September 2, 1937 (50 Stat. 917), and popularly referred to as the Pittman- Robertson Act, and `An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes', approved August 9, 1950, and popularly referred to as the Dingell-Johnson Act (64 Stat. 431) and the program of animal damage control authorized by the Act entitled `An Act to authorize the Secretary of Agriculture to carry out his ten-year cooperative program for the eradication, suppression, or bringing under control of predatory and other wild animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game, and other interests, and for the suppression of rabies and tularemia in predatory or other wild animals, and for other purposes', approved March 2, 1931 (46 Stat. 1468). ``(2) Within 60 days following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002, the Office of Personnel Management shall promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for periods of service in the Federal-State cooperative programs enumerated in subsection (b)(18), and by individuals in making application for such extended credit.''. (e) Annuity Adjustments.--Section 8345 of title 5, United States Code, is amended by adding at the end the following: ``(m) If the Secretary of Agriculture certifies to the Office of Personnel Management creditable service for purposes of this subchapter of the type described in section 8332(b)(17), in response to application by an annuitant or survivor annuitant, then the annuity of the annuitant or survivor annuitant shall be adjusted on the first day of the month following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002 so that the amount of the annuity shall be the same as if the total creditable service of the employee or Member, on whose creditable service the annuity was computed, had included, on the original date on which the annuity was computed, the amount of service certified.''. SEC. 4. EXPEDITED RETIREMENT SAVINGS. (a) In General.--Notwithstanding any other provisions of law, the Secretary of Agriculture shall at the end of each pay period for which both the first and last days occur in the expedited retirement period transfer to the expedited retirement trust fund, out of any monies appropriated to the Department of Agriculture, an amount equal to expedited retirement savings for that pay period. (b) Definitions.--For the purpose of this section-- (1) the term ``pay period'' means the biweekly Federal pay period; (2) the term ``expedited retirement period'' means the period beginning on the 60th day after the date of enactment of this Act and ending at the end of the fourth fiscal year which begins on or after the first day of such period; (3) the term ``expedited retiree'' means an individual who retires from a position in the Department of Agriculture on any day of the expedited retirement period and who receives extended credit under the amendments made by this Act; (4) the term ``expedited retiree pay rate'' means the biweekly regular pay rate of an expedited retiree on his or her last day of employment before retirement; (5) the term ``expedited retirement savings'' means, for any given pay period for which both the first and last days occurred within the expedited retirement period, the aggregate of 160 percent of the expedited retiree pay rates for all expedited retirees whose last day of employment prior to retirement occurred on or before the first day of the given pay period; and (6) the term ``expedited retirement trust fund'' means a trust fund of the Department of Agriculture which serves as depository for budget authority and outlay saved in any fiscal year of the expedited retirement period resulting from implementation of this Act and amendments made by this Act. SEC. 5. LIMITATION ON USE OF SAVINGS. (a) In General.--(1) None of the budget authority and outlays saved in any fiscal year by reason of the transfer of expedited retirement savings to the expedited retirement trust fund resulting from the implementation of this Act and the amendments made by this Act may be obligated or expended for any purpose. (2) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall, at the end of that fiscal year be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, as a contribution of the United States Government to such Fund, under such procedures as the Comptroller General may prescribe. (3) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall be credited against any amount of pay and other personnel and direct support costs required to be sequestered in such fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177). (b) Audits.--The Comptroller General shall notify Congress, in writing, of each noncompliance with the requirements of subsection (a). SEC. 6. PROGRAM REPORT. (a) In General.--Not later than 1 year after the first day of the expedited retirement period, the Director of the Office of Personnel Management shall transmit to Congress a report containing an evaluation of the expedited retirement savings program. (b) Contents of Report.--The report under subsection (a) shall include the following: (1) The number of employees who retired under the expedited retirement program, stated by age group of the retirees, and by grade or other position classification of the retirees. (2) The amount of expedited retirement savings that have resulted, before the date of the report, from the implementation of this Act and the amendments made by this Act. (c) Administrative Provision.--The Director of the Office of Personnel Management may obtain from any agency of the Federal Government such information as the Director determines necessary to prepare the report required by subsection (a).

Agricultural Extended Retirement Credit Act of 2002 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes.Requires the Office of Personnel Management (OPM) to promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for such periods of service, and by individuals in making application for such extended credit. Provides for appropriate annuity adjustments upon certification by the Secretary to the Office of Personnel Management (OPM) in response to annuitant applications.Directs the Secretary to transfer to the expedited retirement trust fund an amount equal to the expedited retirement savings realized by individuals receiving extended retirement credit under this Act.Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of implementation of this Act. Requires transfer to the Department's surplus fund of the savings resulting from the expedited retirement of those employees of the Department who have been extended such credit. Requires the surplus budget authority and outlays so transferred to be: (1) deposited by the Secretary in the Treasury to the credit of the Civil Service Retirement and Disability Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).Requires the Comptroller General to notify the Congress of each instance of noncompliance with such requirements.Directs the OPM Director to report to the Congress an evaluation of the expedited retirement savings program.

{"src": "billsum_train", "title": "To amend title 5, United States Code, to allow periods of certain service performed as an employee under certain Cooperative Federal-State programs to be creditable for purposes of civil service retirement."}

SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE AND LOCAL POLITICAL ORGANIZATIONS. (a) Notification.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(C) which is a political committee of a State or local candidate.''. (b) Reporting.--Paragraph (5) of section 527(j) of such Code (relating to required disclosures of expenditures and contributions) is amended by striking ``or'' at the end of at the end of subparagraph (D), by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) to any organization which is an exempt State or local political organization,''. (c) Annual Return Requirements.--Paragraph (6) of section 6012(a) of such Code is amended to read as follows: ``(6)(A) Except as provided by subparagraphs (B) and (C), every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has-- ``(i) political organization taxable income (within the meaning of section 527(c)(1)) for the taxable year, or ``(ii) gross receipts of $25,000 or more for the taxable year (other than an organization to which section 527 applies solely by reason of subsection (f)(1) of such section). ``(B) Subparagraph (A)(ii) shall not apply to an organization which is a political committee of a State or local candidate (within the meaning of section 527(i)(5)(C)). ``(C) In the case of an exempt State or local political organization (as defined in section 527(e)(5)), subparagraph (A)(ii) shall be applied by substituting `$100,000' for `$25,000'.''. (d) Exempt State or Local Political Organization.--Subsection (e) of section 527 of such (relating to other definitions) is amended by adding at the end the following new paragraph: ``(5) Exempt state or local political organization.-- ``(A) In general.--The term `exempt State or local political organization' means a political organization which-- ``(i) does not engage in exempt function activity other than solely in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, ``(ii) is subject to State or local requirements to submit reports (and so reports)-- ``(I) regarding each separate expenditure from and contribution to, such organization, and ``(II) including information regarding the person who makes such contribution or receives such expenditure, which would otherwise be required to be reported under this section, and ``(iii) with respect to which the reports referred to in clause (ii) are made public by the agency with which such reports are filed and are publicly available for inspection in a manner similar to that required by section 6104(d)(1). ``(B) Minimum reportable amounts.--An organization shall not be treated as failing to meet the requirements of subparagraph (A)(ii) solely because the minimum amount of any expenditure or contribution required to be reported under State or local law is not more than $100 greater than the minimum amount required to be reported under subsection (j) with respect to such expenditure or contribution. ``(C) Participation of federal candidate or office holder.--The term `exempt State or local political organization' shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal elective office or an individual who holds such office-- ``(i) controls or materially participates in the direction of the organization, ``(ii) solicits contributions to the organization, or ``(iii) directs, in whole or in part, disbursements by the organization.''. (e) Waiver of Filing Penalties.--Section 527 of such Code is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (f) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 2. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE PROVISIONS. (a) Unsegregated Funds Not To Avoid Penalty.--Paragraph (4) of section 527(i) of the Internal Revenue Code of 1986 (relating to failure to notify) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.'' (b) Procedures for Assessment and Collection of Penalty.--Paragraph (1) of section 527(j) of such Code (relating to required disclosure of expenditures and contributions) is amended by adding at the end the following new sentence: ``For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).'' (c) Application of Fraud Penalty.--Section 7207 of such Code (relating to fraudulent returns, statements, and other documents) is amended by striking ``pursuant to subsection (b) of section 6047 or pursuant to subsection (d) of section 6104'' and inserting ``pursuant to section 6047(b), section 6104(d), or subsection (i) or (j) of section 527''. (d) Duplicate Electronic and Written Filings Not Required.-- (1) Subparagraph (A) of section 527(i)(1) of such Code is amended by striking ``, electronically and in writing,''. (2) Subsection (i) of section 527 of such Code is amended by adding at the end the following new paragraph: ``(7) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of notices required to be filed under this subsection and reports required to be filed under subsection (j).'' (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230.

Amends the Internal Revenue Code to: (1) exempt State and local candidate committees from specified notification requirements; (2) exempt State and local political committees from specified reporting and annual gross receipts-based return requirements; and (3) authorize the Secretary of the Treasury to waive certain related penalties.Amends related penalty provisions.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to avoid duplicate reporting of information on political activities of certain State and local political organizations, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Insurance Protection and Fraud Prevention Act of 2014''. SEC. 2. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS PROGRAM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall increase the number of cooperative disability investigative units to 54. (b) Distribution.--The Inspector General shall locate the cooperative disability investigative units established pursuant to subsection (a) in such manner as to ensure that such units are distributed equally among the most densely populated areas of the Nation. SEC. 3. MODIFICATION OF CERTAIN CRITERIA FOR THE DETERMINATION OF DISABILITY. (a) In General.--In determining whether an individual is under a disability for purposes of section 223 of the Social Security Act (42 U.S.C. 423), the Commissioner of Social Security-- (1) may not consider an individual as approaching advanced age (as applicable for purposes of section 404.1563 of title 20, Code of Federal Regulations, as in effect on the date of the enactment of this Act), unless the individual has attained the age of 58; (2) may not consider an individual as having attained advanced age (as so applicable) unless the individual has attained the age of 61; and (3) may not consider the individual's inability to communicate in English as a vocational factor (as applicable for purposes of section 404.1564 of such title). (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to implement subsection (a). SEC. 4. COMBINED EFFECT OF IMPAIRMENTS NOT CONSIDERED IN DISABILITY DETERMINATIONS. (a) Title II Determinations.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (b) Title XVI Determinations.--Section 1614(a)(3) of such Act (42 U.S.C. 1382c(a)(3)) is amended by striking subparagraph (G) and redesignating subsequent subparagraphs accordingly. (c) Conforming Amendment.--Section 216(i)(1) of such Act (42 U.S.C. 416(i)(1)) is amended by striking ``paragraphs (2)(A),(2)(B),(3),'' and inserting ``paragraphs (2)(A), (3),''. (d) Effective Date.--The amendments made by this section shall take effect on the day that is 90 days after the date of enactment of this Act. SEC. 5. MANDATORY FUNDING FOR CONTINUING DISABILITY REVIEWS. (a) In General.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 401(g)(1)(A)) is amended by striking ``Of the amounts authorized to be made available'' and all that follows through ``for fiscal year 2002, $720,000,000.'' and inserting the following: ``There is hereby appropriated for continuing disability reviews such sums as may be necessary for each of fiscal years 2014 through 2018.'' (b) Report.--Not later than 60 days after the end of fiscal year 2018, the Commissioner of Social Security shall submit a report to Congress that includes an assessment of the amount of savings attained as a result of the amendment made by subsection (a) in the Federal disability insurance program under title II of the Social Security Act and the Supplemental Security Income program under title XVI of such Act. SEC. 6. DISABILITY DEMONSTRATION PROGRAM DESIGN REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals.--In order to improve the well-being of certain social security disability insurance applicants while also achieving near-term program cost neutrality and long-term cost savings, the Commissioner shall screen such applicants and target those who appear likely to be determined eligible for benefits but who also have the potential for significant work activity if provided with a range of services to be determined by the Commissioner. In exchange for suspending their social security disability insurance program application, these applicants would be offered a package of benefits, including targeted vocational and health interventions, wage subsidies based on how much the applicants can work and earn, and, if appropriate, an emergency cash diversion grant. SEC. 7. STATE DISABILITY REFORM DEMONSTRATION PROGRAM REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals.-- (1) In general.--The Commissioner of Social Security shall work with the States to determine whether, if appropriate changes were made in the law, the existing funding streams for specific populations, such as vocational rehabilitation funding, Medicaid, Temporary Assistance for Needy Families, and workers' compensation, could be modified to be delivered in a more coordinated manner to improve outcomes and reduce participation in supplemental security income or social security disability insurance. (2) Incentive funding.--States who successfully implemented such a program shall receive incentive funding to be determined by the Commissioner and subject to appropriations. (c) Definition.--For the purposes of this section, the term ``specific populations'' means populations identified by the Commissioner of Social Security as likely to receive a lifetime of supplemental security income or social security disability insurance. SEC. 8. EMPLOYERS DEMONSTRATION PROGRAM REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals.-- (1) In general.--In order to encourage employers to reduce the incidence of disability among their employees by 20 percent, the Commissioner of Social Security shall create a voluntary program for employers that would provide such employers with a tax credit with respect to social security disability insurance taxes if the employees of such employer do not file for social security disability insurance. (2) Baseline.--For each employer who volunteers to participate in the program, the Commission of Social Security shall determine a baseline predicted rate of social security disability insurance enrollment. (3) Employees tracked for program.--Employees employed on the date the employer enrolled in the program shall be tracked for a period of 3 years beginning on the date of enrollment in the program, whether or not they remain employed by such employer. If any such employee becomes eligible for social security disability insurance during such period, the employer's disability insurance participation rate shall be affected. (4) Incentive.--At the end of the period, the employer's disability insurance participation rate shall be compared to the baseline, and if the participation rate has fallen by at least 20 percent, the employer shall receive a social security disability insurance tax credit of 75 percent of the disability insurance cost savings during the period.

Disability Insurance Protection and Fraud Prevention Act of 2014 - Requires the Inspector General of the Social Security Administration to increase the number of cooperative disability investigative (CDI) units to 54 and distribute them equally among the most densely populated areas. Prohibits the Commissioner of Social Security, in determining whether an individual is under a disability for insurance benefit payment purposes, from considering: (1) an individual as approaching advanced age unless he or she has attained age 58; (2) an individual as having attained advanced age unless he or she has attained age 61; and (3) the individual's inability to communicate in English as a vocational factor. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to eliminate consideration of the combined effect of impairments in disability determinations. Makes appropriations for continuing disability reviews for FY2014-FY2018. Directs the Commissioner to assess for Congress after FY2018 the amount of savings attained as a result of such appropriations in the federal disability program under SSA title II and the SSI program. Requires the Commissioner to describe for Congress the designs of: (1) a disability demonstration program, (2) a state demonstration program to revise specified existing funding streams for specific populations to improve outcomes and reduce participation in SSI or Social Security disability insurance, and (3) a demonstration program that encourages employers to reduce the incidence of disability among their employees by 20% through a voluntary program that provides the employers with a tax credit if their employees do not file for Social Security disability insurance.

{"src": "billsum_train", "title": "Disability Insurance Protection and Fraud Prevention Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Education Empowerment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 1,000,000 veterans attended institutions of higher education in 2012. (2) Veterans face unique hardships in transitioning from the battlefield to the classroom and eventually to the workforce. (3) The National Endowment for the Humanities' Warrior- Scholar Project found that ``veterans transitioning to college likely have not used academic skills since high school and have difficulty adjusting to a fundamentally different social and cultural environment, [leading] to veterans dropping out of college before earning their degree''. (4) The National Education Association found that veteran students can feel lonely and vulnerable on campus and that ``connecting student veterans can effectively ease this isolation'' by bringing together new veteran students with those who have already successfully navigated the first few semesters of college. (5) The unemployment rate for post--9/11 veterans far outpaces both the overall non-veteran unemployment rate and the unemployment rate for non-veterans entering the workforce for the first time. (6) According to Mission United--a United Way program that helps veterans re-acclimate to civilian life--it is often ``essential'' for veteran students to be mentored by ``another veteran who understands their mindset and experience''. (7) Veteran student centers are recognized as an institutional best practice by the Student Veterans of America. (8) The American Council on Education, which represents more than 1,700 institutions of higher education across the country, has called having a dedicated space for veterans on campus ``a promising way for colleges and universities to better serve veterans on campus'' and a ``critical'' component of many colleges' efforts to serve their veteran students. (9) Budget constraints often make it difficult or impossible for institutions of higher education to dedicate space to veteran offices, lounges, or student centers. (10) The 110th Congress authorized the funding of veteran student centers through the Centers of Excellence for Veteran Student Success under part T of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t). (11) According to the Department of Education, federally funded veteran student centers and staff have generated improved recruitment, retention, and graduation rates, have helped veteran students feel better connected across campus, and have directly contributed to student veterans' successful academic outcomes. SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN STUDENT CENTERS. (a) Establishment.--From the amounts appropriated to carry out this Act, the Secretary of Education shall establish a program to award grants to institutions of higher education to assist in the establishment, maintenance, and improvement of veteran student centers. (b) Eligibility.-- (1) Application.--An institution of higher education seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria.--The Secretary may award a grant under subsection (a) to an institution of higher education if the Secretary determines that the institution of higher education meets the following criteria: (A) The institution has a population of not less than 15,000 students, of which not less than one percent are veterans or members of the Armed Forces. (B) The institution is located in a region or community that has a significant population of veterans. (C) The institution carries out programs or activities that assist veterans in the local community. (D) The institution presents a sustainability plan to demonstrate that its veteran student center will be maintained and will continue to operate after the term of the grant has ended. (c) Use of Funds.--An institution of higher education that is awarded a grant under subsection (a) shall use such grant to establish, maintain, or improve a veteran student center. (d) Amounts Awarded.-- (1) Duration.--Each grant awarded under subsection (a) shall be for a 4-year period. (2) Total amount of grant and schedule.--Each grant awarded under subsection (a) may not exceed a total of $500,000. Subject to subsection (e), the Secretary shall disburse to the institution of higher education the amounts awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate. (e) Evaluation.--The Secretary shall annually evaluate each institution of higher education that is awarded a grant under subsection (a) to determine whether the institution uses the grant in accordance with this section. If the Secretary determines that the institution of higher education is not using the grant in accordance with this section, the Secretary may delay future disbursements of amounts described in subsection (d)(2) until the Secretary determines that the institution of higher education has corrected any deficiencies and will use such amounts in accordance with this section. (f) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the grant program established under subsection (a), including-- (1) the number of grants awarded; (2) the institutions of higher education that have received grants; (3) with respect to each such institution of higher education-- (A) the amounts awarded; and (B) how such institution used such amounts; and (4) a determination by the Secretary with respect to whether the grant program should be extended or expanded. (g) Termination.--The authority of the Secretary to carry out the grant program established under subsection (a) shall terminate on the date that is 4 years after the date on which the grant program is established. (h) Definitions.--In this section: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (2) Veteran student center.--The term ``veteran student center'' means a dedicated space on a campus of an institution of higher education that provides students who are veterans or members of the Armed Forces with the following: (A) A lounge or meeting space for such students and veterans in the community. (B) A centralized office for veteran services that-- (i) is staffed by trained employees and volunteers; and (ii) provides such students with assistance relating to-- (I) transitioning from the military to student life; (II) transitioning from the military to the civilian workforce; (III) networking with other such students; (IV) understanding and obtaining benefits provided by the Federal Government or a State for which such students may be eligible; and (V) understanding how to succeed in the institution of higher education, including by understanding how to transfer educational credits.

Veteran Education Empowerment Act - Directs the Secretary of Education to award four-year grants to institutions of higher education (IHEs) to establish, maintain, and improve a veteran student center. Requires grantees to be IHEs that: have a population of at least 15,000 students, of which at least 1% are veterans or members of the Armed Forces; are located in a region or community that has a significant veteran population; carry out programs or activities that assist veterans in the local community; and present a sustainability plan demonstrating that their veteran student center will be maintained and will continue to operate after the grant ends. Defines a "veteran student center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for such students and veterans in the community, and (2) a centralized office for veteran services that is staffed by trained employees and volunteers. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other students, understanding and obtaining the federal and state benefits for which they may be eligible, and understanding how to succeed in the IHE.

{"src": "billsum_train", "title": "Veteran Education Empowerment Act"}

SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of conventional steel-jawed leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. PROHIBITED ACTS AND PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any person-- (1) to import, export, or transport in interstate commerce an article of fur, if any part or portion of such article is derived from an animal that was trapped in a conventional steel-jawed leghold trap; (2) to import, export, deliver, carry, or transport by any means whatever, in interstate commerce, any conventional steel- jawed leghold trap; (3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, or transported in violation of paragraph (2); or (4) to violate any rule made by the Secretary under this Act. (b) Penalties.--Whoever knowingly violates subsection (a) shall, in addition to any other penalty that may be imposed-- (1) for the first such violation, be imprisoned for not more than 5 days or fined under title 18, United States Code, or both; and (2) for each subsequent violation, be imprisoned for not more than two years or fined under title 18, United States Code, or both. SEC. 3. REWARDS. (a) General Rule.--The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any rule made under this Act, an amount equal to one-half of the fine paid pursuant to the conviction. (b) Exception.--Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 4. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, this Act and any rules made under this Act shall be enforced by the Secretary, who may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such rules. (b) Import and Export Violations.-- (1) Import violations.--The importation of articles in violation of section 2(a) shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws of the United States shall apply thereto. (2) Export violations.--The authorities under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (including penalties) shall be used to enforce the provisions of this Act relating to the export of articles in violation of section 2(a). (c) Enforcement Authorities.--Any person having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seize any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to a violation to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to a violation to which subsection (b) applies) committed in his or her presence or view, or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (d) Forfeiture.-- (1) General rule.--Except with respect to exports to which the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any rule made under this Act, shall be subject to forfeiture to the United States. Those provisions of law relating to-- (A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws of the United States, (B) the disposition of such property or the proceeds from the sale thereof, (C) the remission or mitigation of such forfeitures, and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this Act. (2) Enforcement.--Such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (e) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of this Act or any rule made under this Act. (f) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and rules made under this Act, are enforced in the most effective and efficient manner. SEC. 5. DEFINITIONS. In this Act: (1) The term ``article of fur'' means-- (A) any furskin (as such term is used under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States), including any raw furskin classified under heading 4301 of such Schedule; or (B) any article, however produced, that consists in whole or part of any such furskin. (2) The term ``conventional steel-jawed leghold trap'' means any spring-powered pan or sear-activated device with two opposing steel jaws, whether the jaws are smooth, toothed, padded, or offset, which is designed to capture an animal by snapping closed upon the animal's limb or part thereof. (3) The term ``customs laws of the United States'' means any other law or regulation enforced or administered by the United States Customs Service. (4) The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (5) The term ``interstate commerce'' has the meaning given such term in section 10 of title 18, United States Code. (6) The term ``Secretary'' means the Secretary of the Interior. SEC. 6. RULEMAKING. The Secretary may make rules to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.

Makes it unlawful to: (1) import, export, or transport in interstate commerce conventional steel jawed leghold traps and articles of fur derived from animals trapped in such traps; or (2) sell or acquire such a trap transported in violation of such provision. Prescribes criminal penalties for violations.Directs the Secretary of the Interior to reward persons (other than Government employees performing official duties) for information leading to a conviction under this Act.Empowers enforcement officials to detain, search, and seize suspected containers or merchandise and any accompanying documents, to make arrests without warrants with probable cause, and to execute warrants. Subjects seized merchandise to forfeiture.

{"src": "billsum_train", "title": "To end the use of conventional steel-jawed leghold traps on animals in the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief Certainty Act of 2011''. TITLE I--PERMANENT TAX RELIEF SEC. 101. REPEAL OF EGTRRA SUNSET. Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is repealed. SEC. 102. REPEAL OF JGTRRA SUNSET. Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is repealed. SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS. The Secretary of the Treasury or the Secretary's delegate shall, not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the purposes of the provisions of, and amendments made by, this Act. TITLE II--PERMANENT INDIVIDUAL AMT RELIEF SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF. (a) Modification of Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended to read as follows: ``(1) Exemption amount for taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the term `exemption amount' means-- ``(A) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(A) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse, ``(B) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(B) in the case of an individual who-- ``(i) is not a married individual, and ``(ii) is not a surviving spouse, ``(C) 50 percent of the dollar amount applicable under paragraph (1)(A) in the case of a married individual who files a separate return, and ``(D) $22,500 in the case of an estate or trust. For purposes of this paragraph, the term `surviving spouse' has the meaning given to such term by section 2(a), and marital status shall be determined under section 7703.''. (2) Specified exemption amounts.--Section 55(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Specified exemption amounts.-- ``(A) Taxpayers described in paragraph (1)(A).--For purposes of paragraph (1))(A)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2011....................................................... $74,450 2012....................................................... $78,250 2013....................................................... $81,450 2014....................................................... $85,050 2015....................................................... $88,650 2016....................................................... $92,650 2017....................................................... $96,550 2018....................................................... $100,950 2019....................................................... $105,150 2020....................................................... $109,950 2021....................................................... $112,250. ------------------------------------------------------------------------ ``(B) Taxpayers described in paragraph (1)(B).--For purposes of paragraph (1))(B)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2011....................................................... $48,450 2012....................................................... $50,350 2013....................................................... $51,950 2014....................................................... $53,750 2015....................................................... $55,550 2016....................................................... $57,550 2017....................................................... $59,500 2018....................................................... $61,700 2019....................................................... $63,800 2020....................................................... $66,200 2021....................................................... $68,200.''. ------------------------------------------------------------------------ (b) Alternative Minimum Tax Relief for Nonrefundable Credits.-- (1) In general.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendments.-- (A) Child tax credit.-- (i) Section 24(b) of such Code is amended by striking paragraph (3). (ii) Section 24(d)(1) of such Code is amended-- (I) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be,'' each place it appears in subparagraphs (A) and (B) and inserting ``section 26(a)'', and (II) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be'' in the second last sentence and inserting ``section 26(a)''. (B) Credit for interest on certain home mortgages.--Section 25(e)(1)(C) of such Code is amended to read as follows: ``(C) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, and 1400C).''. (C) Savers' credit.--Section 25B of such Code is amended by striking subsection (g). (D) Residential energy efficient property.--Section 25D(c) of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (E) Certain plug-in electric vehicles.--Section 30(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (F) Alternative motor vehicle credit.--Section 30B(g)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (G) New qualified plug-in electric vehicle credit.--Section 30D(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (H) Cross references.--Section 55(c)(3) of such Code is amended by striking ``26(a), 30C(d)(2),'' and inserting ``30C(d)(2)''. (I) Foreign tax credit.--Section 904 of such Code is amended by striking subsection (i) and by redesignating subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively. (J) First-time home buyer credit for the district of columbia.--Section 1400C(d) of such Code is amended to read as follows: ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (3) Adoption credit.-- (A) In general.--Section 10909 of the Patient Protection and Affordable Care Act, and the amendments made thereby, are repealed; and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted. (B) Conforming amendments.-- (i) Section 23(b) of the Internal Revenue Code of 1986, as in effect on December 31, 2009, is amended by striking paragraph (4). (ii) Section 23(c) of such Code, as in effect on December 31, 2009, is amended by striking paragraphs (1) and (2) and inserting before paragraph (3) the following: ``(1) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (iii) Section 23(c) of such Code, as in effect on December 31, 2009, is amended by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments and the repeal made by this section shall apply to taxable years beginning after December 31, 2010. TITLE III--PERMANENT ESTATE TAX RELIEF SEC. 301. PERMANENT ESTATE TAX RELIEF. (a) In General.--Title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, and the amendments made thereby, are repealed; and the Internal Revenue Code of 1986 shall be applied as if such title, and amendments, had never been enacted. (b) Effective Date.--The repeal made by this section shall apply to estates of decedents dying, gifts made, and generation skipping transfers after December 31, 2009.

Tax Relief Certainty Act of 2011 - Eliminates: (1) the terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making the tax relief provisions of such Act permanent; and (2) the terminating date of the Jobs and Growth Tax Relief Reconciliation Act of 2003 applicable to reductions in the tax rate for dividend and capital gain income. Amends the Internal Revenue Code to: (1) phase-in between 2011 through 2021increases in the exemption amount for the alternative minimum tax (AMT); and (2) make permanent offsets against the AMT for certain nonrefundable tax credits. Makes permanent the repeal of the estate, gift, and generation-skipping transfer taxes for decedents dying, gifts made, and generation skipping transfers after December 31, 2009.

{"src": "billsum_train", "title": "To permanently extend the 2001 and 2003 tax relief provisions, and to permanently repeal the estate tax, and to provide permanent AMT relief, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Cable Deployment Authorization Act of 2009''. SEC. 2. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC TRANSMISSION MANUFACTURING PLANTS, QUALIFIED HIGH EFFICIENCY TRANSMISSION PROPERTY, AND QUALIFIED ADVANCED ELECTRIC TRANSMISSION PROPERTY. (a) Loan Guarantees Prior to September 30, 2011.--Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 15801 and following), as added by section 406 of the American Recovery and Reinvestment Act of 2009 (Public Law 109-58; 119 Stat. 594) is amended by adding the following new paragraph at the end thereof: ``(5) The development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electric transmission manufacturing plant or the construction of a qualified high efficiency transmission property or a qualified advanced electric transmission property (whether by construction of new facilities or the modification of existing facilities). For purposes of this paragraph-- ``(A) The term `qualified advanced electric transmission property' means any high voltage electric transmission cable, related substation, converter station, or other integrated facility that-- ``(i) utilizes advanced ultra low resistance superconductive material or other advanced technology that has been determined by the Secretary of Energy as-- ``(I) reasonably likely to become commercially viable within 10 years after the date of enactment of this paragraph; ``(II) capable of reliably transmitting at least 5 gigawatts of high-voltage electric energy for distances greater than 300 miles with energy losses not exceeding 3 percent of the total power transported; and ``(III) not creating an electromagnetic field; ``(ii) has been determined by an appropriate energy regulatory body, upon application, to be in the public interest and thereby eligible for inclusion in regulated rates; ``(iii) can be located safely and economically in a permanent underground right of way not to exceed 25 feet in width; and ``(iv) Termination.--The term `qualified advanced electric transmission property' shall not include any property placed in service after December 31, 2016. ``(B)(i) The term `qualified high efficiency transmission property' means any high voltage overhead electric transmission line, related substation, or other integrated facility that-- ``(I) utilizes advanced conductor core technology that-- ``(aa) has been determined by the Secretary of Energy as reasonably likely to become commercially viable within 10 years after the date of enactment of this paragraph; ``(bb) is suitable for use on transmission lines up to 765kV; and ``(cc) exhibits power losses at least 30 percent lower than that of transmission lines using conventional ``ACSR'' conductors; ``(II) has been determined by an appropriate energy regulatory body, upon application, to be in the public interest and thereby eligible for inclusion in regulated rates; and ``(III) can be located safely and economically in a right of way not to exceed that used by conventional ``ACSR'' conductors; and ``(ii) Termination.--The term `qualified high efficiency transmission property' shall not include any property placed in service after December 31, 2016. ``(C) The term `qualified advanced electric transmission manufacturing plant' means any industrial facility located in the United States which can be equipped, re-equipped, expanded, or established to produce in whole or in part qualified advanced electric transmission property.''. (b) Additional Loan Guarantee Authority.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended by adding the following new paragraph at the end of subsection (b): ``(11) The development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electric transmission manufacturing plant or the construction of a qualified advanced electric transmission property (whether by construction of new facilities or the modification of existing facilities). For purposes of this paragraph, the terms `qualified advanced electric transmission property' and `qualified advanced electric transmission manufacturing plant' have the meanings provided by section 1705(a)(5).''. (c) Grants.--The Secretary of Energy is authorized to provide grants for up to 50 percent of costs incurred in connection with the development, construction, acquisition of components or engineering of a qualified advanced electric transmission property defined in paragraph (5) of section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 15801 and following). Such grants may only be made to the first project which qualifies under that paragraph. There are authorized to be appropriated for purposes of this section not more than $100,000,000 for fiscal year 2010. The United States shall take no equity or other ownership interest in the qualified advanced electric transmission manufacturing plant or qualified advanced electric transmission property for which funding is provided under this section.

Advanced Cable Deployment Authorization Act of 2009 - Amends the Energy Policy Act of 2005, as amended by the American Recovery and Reinvestment Act of 2009, to authorize the Secretary of Energy to make loan guarantees for the development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electronic transmission manufacturing plant, or the construction of a qualified high efficiency transmission property or a qualified advanced electronic transmission property. Requires any such construction to commence by September 30, 2011. Authorizes the Secretary of Energy to provide grants for up to 50% of the costs incurred in connection with the development, construction, acquisition of components or engineering of a qualified advanced electric transmission property.

{"src": "billsum_train", "title": "To encourage the manufacture and use of efficient and advanced electric transmission cables, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seasonal Influenza and Pandemic Preparation Act of 2009''. SEC. 2. FREE INFLUENZA VACCINE PROGRAM. (a) Establishment.--The Secretary shall establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. (b) Participating Entities.-- (1) Reimbursement.--An entity described in subsection (a) that elects to provide vaccines to individuals through the program shall be reimbursed for the costs of administering such vaccines by the Secretary at the rate determined by the Secretary for such vaccine for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or at such higher rate, including cost-based reimbursement, as determined appropriate by the Secretary. Such reimbursement may include the costs of practice expenses or other costs associated with the administration of the influenza vaccine. (2) Limitation on charges.--An entity participating in the program shall not charge a co-payment or apply any other cost- sharing requirements associated with the administration of influenza vaccines, including any co-payment or other cost- sharing for the visit associated with the administration of such vaccine. (3) Voluntary participation.--Participation by an entity in the program shall be voluntary. (c) Public-Private Partnerships.-- (1) Grants.--The Secretary shall award grants to State and local health departments, public hospitals, federally qualified health centers, and other entities to facilitate the establishment of influenza vaccination programs in partnership with private entities, including retail outlets, pharmacies, faith-based organizations, private employers, and others as determined appropriate by the Secretary. (2) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (3) Reimbursement.--An entity participating in a program under a grant under this subsection may request reimbursement from the Secretary under the program under subsection (a) in addition to the amounts received under the grant. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $500,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. (d) School Partnerships.-- (1) Grants to public entities.-- (A) In general.--The Secretary shall award grants to local health departments, public hospitals, federally qualified health centers, and other entities to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions (including private institutions and Head Start programs). (B) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (2) Grants to schools.--The Secretary shall award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program. (3) Limitation on charges.--Any influenza vaccination provided to an individual under this subsection shall be at no cost to the individual. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $150,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. (e) Immunization Plans.--The Secretary, under the programs under titles XVIII, XIX, and XXI of the Social Security Act, shall develop an immunization plan with immunization target numbers for the respective populations served under the program under each such title. The Secretary shall provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans. SEC. 3. PUBLIC OUTREACH. (a) In General.--The Director of the Centers for Disease Control and Prevention shall establish and implement a national public affairs campaign, to be carried out through radio, television, print, and other media and methods determined appropriate by the Secretary, to increase influenza immunization rates. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. SEC. 4. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the national voluntary influenza vaccination program established under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Seasonal Influenza and Pandemic Preparation Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. Sets forth provisions governing reimbursements for the costs of administering such vaccines. Declares that participation by an entity in such program is voluntary. Requires the Secretary to award grants to state and local health departments, public hospitals, and other entities to facilitate the establishment of influenza vaccination programs in partnerships with private entities, including pharmacies and private employers. Requires vaccines provided under a grant to be at no cost to the individual. Authorizes an entity participating in the grant program to seek reimbursement from the Secretary. Requires the Secretary to award grants to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions. Directs the Secretary, under Medicare, Medicaid, and the State Children's Health Insurance Program (CHIP, formerly known as SCHIP), to develop an immunization plan with immunization target numbers for the respective populations served under such programs. Requires the Secretary to provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans. Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish and implement a national public affairs campaign to increase influenza immunization rates.

{"src": "billsum_train", "title": "A bill to provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montana Mineral Conveyance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) under section 503(a)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1617), the Secretary of the Interior has conveyed mineral rights in certain very large tracts of coal to the State of Montana, the tracts of which lie as near as 3 or 4 miles east of the Northern Cheyenne Indian Reservation; (2) development of the coal tracts and other existing and proposed major developments of Federal, State, and private energy resources in areas surrounding the Northern Cheyenne Indian Reservation yield substantial public revenues to the State (including political subdivisions of the State), thereby assisting the State (including political subdivisions of the State) in addressing the impacts of the development; (3) although the Northern Cheyenne tribal community chronically suffers harsh economic conditions and severe deficits in public services and facilities, the community does not share in any significant portion of the public revenues generated by surrounding energy development; (4) the Northern Cheyenne Tribe has few, if any, sources of revenue available to address development impacts; (5) in 2002, the Tribe brought suit against the Secretary, asserting that the proposed conveyances of the extensive Federal coal tracts to the State under the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1543) would violate-- (A) several Federal laws (including regulations); and (B) the Federal trust responsibility to the Tribe; (6) subsequently, the Tribe withdrew the suit described in paragraph (5) with prejudice, based in substantial part on commitments that legislation substantially in the form of this Act (and further legislation providing funding to the Tribe to address the impacts of coal development in areas adjoining the Reservation) would be introduced and pursued with support from the State, Great Northern Properties, and others; (7) the Tribe asserts that the Tribe retains claims against the United States arising from the failure of the United States to acquire mineral rights underlying approximately 5,000 acres of Reservation land when the Reservation, at the direction of Congress, was expanded eastward to the Tongue River in 1900, the mineral rights of which, as of the date of enactment of this Act, are owned by Great Northern Properties; and (8) if the conveyances of mineral rights are carried out under this Act, the Tribe will waive all legal claims against the United States arising from the longstanding and continuing loss of the Tribe of mineral rights relating to the Reservation land. SEC. 3. DEFINITIONS. In this Act: (1) Cheyenne tracts.--The term ``Cheyenne tracts'' means the aggregate tract of land that-- (A) is located in the eastern portion of the State within the boundaries of the Reservation; (B) comprises approximately 5,000 acres; (C) is generally depicted on the map entitled ``Cheyenne Coal Land Conveyance'' and dated April 7, 2010; and (D) is comprised of land located in-- (i) T. 2 S., R. 44 E., sec. 17; (ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; (iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and S\1/2\N\1/2\, Lots 1-4; (iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and E\1/2\W\1/2\, Lots 1-4; (v) T. 3 S., R. 44 E., sec. 9, N\1/2\, SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4; (vi) T. 3 S., R. 44 E., sec. 17; (vii) T. 3 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; and (viii) T. 3 S., R. 44 E., sec. 21, N\1/2\, SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2. (2) Federal tracts.--The term ``Federal tracts'' means the unleased tracts of land that-- (A) are located in the State; (B) are located outside of the boundaries of the Reservation; (C) consist of approximately 5,000 acres; (D) are generally depicted on the map entitled ``Federal Coal Land Conveyance'' and dated March 18, 2011; and (E) are comprised of land located in-- (i) T. 3 S., R. 44 E., sec. 26, S\1/2\; (ii) T. 3 S., R. 44 E., sec. 34; (iii) T. 3 S., R. 45 E., sec. 30, E\1/ 2\SW\1/4\ and SE\1/4\, Lots 1-4; (iv) T. 4 S., R. 44 E., sec. 2, S\1/2\N\1/ 2\ and S\1/2\, Lots 1-4; (v) T. 6 N., R. 27 E., sec. 4, S\1/2\N\1/2\ and S\1/2\, Lots 1-4; (vi) T. 6 N., R. 27 E., sec. 8; (vii) T. 6 N., R. 27 E., sec. 10; (viii) T. 6 N., R. 27 E., sec. 14; and (ix) T. 6 N., R. 27 E., sec. 22. (3) Great northern properties.--The term ``Great Northern Properties'' means-- (A) the Great Northern Properties Limited Partnership, which is a Delaware limited partnership; and (B) any successor to the ownership interest of Great Northern Properties in any coal or iron that underlies the Cheyenne tracts. (4) Reservation.--The term ``Reservation'' means the Northern Cheyenne Reservation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Montana. (7) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 4. MINERAL RIGHTS CONVEYANCES. (a) In General.--Notwithstanding any other Federal law (including regulations) that otherwise applies to the conveyance of any Federal coal right, title, or interest, if Great Northern Properties conveys to the Tribe all mineral interests of Great Northern Properties underlying the Cheyenne tracts in accordance with this Act, the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal underlying the Federal tracts. (b) Immunities.--The mineral interests underlying the Cheyenne tracts conveyed to the Tribe under subsection (a) shall not be subject to taxation by the State (including any political subdivision of the State). SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEYANCES. (a) Waiver of Legal Claims.--In return for the mineral conveyances under section 4(a), the Tribe shall waive any and all claims arising from the continuing failure of the United States to acquire in trust for the Tribe as part of the Reservation the mineral rights underlying approximately 5,000 acres of Reservation land (the Cheyenne Tracts) as directed by Congress in 1900. (b) Condition.--As a condition of the mineral conveyances by the Secretary under section 4(a), the Tribe and Great Northern Properties shall jointly notify the Secretary in writing that the Tribe and Great Northern Properties have agreed on a formula for the sharing of revenue from coal produced from any portion of the Federal tracts. (c) Completion of Mineral Conveyances.--Notwithstanding any other Federal law (including regulations) that otherwise applies to the conveyance of any Federal coal right, title, or interest, after satisfaction of the condition described in subsection (b) and not later than 90 days after the date on which the Secretary receives written notification under subsection (b), the mineral conveyances under section 4(a) shall be completed in a single transaction. (d) Rescission of Mineral Conveyances.-- (1) In general.--If any portion of the mineral conveyances under section 4(a) is invalidated by a Federal district court, and the judgment of the Federal district court is not vacated or reversed on appeal, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under section 4(a). (2) Effect.--If the Secretary or Great Northern Properties carries out a rescission under paragraph (1), the waiver of the Tribe under subsection (a) shall be considered to be rescinded. SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. No benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of-- (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe.

Montana Mineral Conveyance Act - (Sec. 4) Requires the Secretary of the Interior, if Great Northern Properties Limited Partnership (the Great Northern Properties) conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified aggregate tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States in and to the coal underlying specified unleased federal tracts in Montana outside of the Tribe's reservation. Prohibits the mineral interests underlying the Cheyenne tracts conveyed to the Tribe from being subject to taxation by the state of Montana. (Sec. 5) Requires the Northern Cheyenne Tribe to waive all legal claims arising from the continuing failure of the United States to acquire for the Tribe the mineral rights underlying the Cheyenne tracts as part of the Tribe's reservation as directed by Congress in 1900. Instructs the Northern Cheyenne Tribe and Great Northern Properties to jointly notify the Secretary in writing when they have agreed on a formula for the sharing of revenue from the coal produced from the federal tracts. Requires, after such condition is satisfied and within 90 days of the Secretary receiving such written notification, the completion of the mineral conveyances under this Act in a single transaction. Allows the Secretary or Great Northern Properties, if any part of such conveyances is invalidated by a federal district court and the court's judgment is not vacated or reversed on appeal, to rescind each such conveyance. Requires, if such a rescission is carried out, the Tribe's waiver to be considered as being rescinded. (Sec. 6) Specifies this Act's effect on the eligibility of the Tribe or its members to receive other federal benefits or services.

{"src": "billsum_train", "title": "To authorize the conveyance of mineral rights by the Secretary of the Interior in the State of Montana, and for other purposes."}

SECTION 1. LACKAWANNA VALLEY HERITAGE AREA. Section 106(a) of the Lackawanna Valley National Heritage Area Act of 2000 (Public Law 106-278; 114 Stat. 816; 16 U.S.C. 461 note) is amended to read as follows: ``(a) Authorities of Management Entity.--For purposes of preparing and implementing the management plan, the management entity may-- ``(1) make grants to, and enter into cooperative agreements with, the State and political subdivisions of the State, private organizations, or any person; and ``(2) hire and compensate staff.''. SEC. 2. HAWAIIAN SPELLING ERRORS. Section 5 of the Act entitled ``An Act to add certain lands on the island of Hawaii to the Hawaii National Park, and for other purposes'', as added by Public Law 99-564 (100 Stat. 3179; 16 U.S.C. 392c) is amended by striking ``Hawaii Volcanoes'' each place it appears and inserting ``Hawai'i Volcanoes''. SEC. 3. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL. Section 2 of Public Law 106-365 (114 Stat. 1409) is amended by striking ``and expand contributions'' and inserting ``and expend contributions''. SEC. 4. WILD AND SCENIC RIVERS AND NATIONAL TRAILS. (a) Wild and Scenic Rivers.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by redesignating paragraph (162), pertaining to White Clay Creek, Delaware and Pennsylvania, as paragraph (163); (2) by designating the second paragraph (161), pertaining to the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek, Florida, as paragraph (162); (3) by designating the undesignated paragraph pertaining to the Wildhorse and Kiger Creeks, Oregon, as paragraph (164); and (4) by redesignating the third paragraph (161), pertaining to the Lower Delaware River and associated tributaries, New Jersey and Pennsylvania, as paragraph (165) and by moving the margins of such paragraph 2 ems to the left. (b) National Trails.--Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended-- (1) by redesignating the second paragraph (21), pertaining to the Ala Kahakai National Historic Trail, and enacted by Public Law 106-509 as paragraph (22); and (2) by moving the margins of paragraphs (21) and (22) 2 ems to the left. SEC. 5. JAMESTOWN 400TH COMMEMORATION COMMISSION. The Jamestown 400th Commemoration Commission Act of 2000 (Public Law 106-565; 114 Stat. 2812; 16 U.S.C. 81 note) is amended-- (1) in section 2(a)(5), by striking ``State''; (2) in sections 2(b), 3(3), and 4(h), by striking ``State'' and inserting ``Commonwealth'' each place it appears; (3) in section 3, by striking paragraph (5) and inserting the following: ``(5) Commonwealth.--The term `Commonwealth' means the Commonwealth of Virginia, including agencies and entities of the Commonwealth.''; and (4) in section 4(b)(1), by striking ``16'' and inserting ``15''. SEC. 6. ROSIE THE RIVETER-WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK. The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (Public Law 106-352; 114 Stat. 1371; 16 U.S.C. 410ggg et seq.) is amended-- (1) in section 2(b), by striking ``numbered 963/80000'' and inserting ``numbered 963/80,000''; (2) in section 3(b)(1), by striking ``the World War II Child Development Centers, the World War II worker housing, the Kaiser-Permanente Field Hospital, and Fire Station 67A,'' and inserting ``the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and Richmond Fire Station 67A,''; and (3) in section 3(e)(2), by striking ``the World War II day care centers, the World War II worker housing, the Kaiser- Permanente Field Hospital, and Fire Station 67,'' and inserting ``the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and Richmond Fire Station 67A,''. SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS. The Vicksburg Campaign Trail Battlefields Preservation Act of 2000 (Public Law 106-487; 114 Stat. 2202) is amended-- (1) in section 2(a)(1), by striking ``and Tennessee'' and inserting ``Tennessee, and Kentucky''; (2) in section 3(1), by striking ``and Tennessee,'' and inserting ``Tennessee, and Kentucky,''; and (3) in section 3(2)-- (A) by striking ``and'' at the end of subparagraph (R); (B) by redesignating subparagraph (S) as subparagraph (T); and (C) by inserting a new subparagraph (S) as follows: ``(S) Fort Heiman in Calloway County, Kentucky, and resources in and around Columbus in Hickman County, Kentucky; and''. SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY. Section 3(c) of the Harriet Tubman Special Resource Study Act (Public Law 106-516; 114 Stat. 2405) is amended by striking ``Public Law 91-383'' and all that follows through ``3501)'' and inserting ``the National Park System General Authorities Act (16 U.S.C. 1a-5)''. SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS. Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares. SEC. 10. PERSONAL WATERCRAFT TIME EXTENSION. The grace period described in the final rule issued on March 21, 2000 (65 Fed. Reg. 15,077 (2000)), regarding personal watercraft use within certain units of the National Park System, is extended until December 31, 2004, for all 21 of the park areas specifically identified in the rule. SEC. 11. POPULAR NAMES. (a) National Park Service Organic Act.--The Act of August 25, 1916 (16 U.S.C. 1 et seq.; popularly known as the ``National Park Service Organic Act'') is amended by adding at the end the following new section: ``Sec. 5. This Act may be cited as the `National Park Service Organic Act'.''. (b) National Park System General Authorities Act.--Public Law 91- 383 (16 U.S.C. 1a-1 et seq.; popularly known as the ``National Park System General Authorities Act'') is amended by adding at the end the following new section: ``Sec. 14. This Act may be cited as the `National Park System General Authorities Act'.''. SEC. 12. PARK POLICE INDEMNIFICATION. Section 2(b) of the Act of November 6, 2000, (Public Law 106-437; 114 Stat. 1921) is amended by striking ``the Act'' and inserting ``of the Act''.

Makes technical corrections to specified laws relating to parks and public lands. Amends the Vicksburg Campaign Trail Battlefields Preservation Act of 2000 to include Fort Heiman, Kentucky, and resources in and around Columbus, Kentucky, within its battlefield areas for preservation.Qualifies employees of foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies for General Services Administration contract airfares.Extends the grace period for personal watercraft use within 21 specified National Park System areas until December 31, 2004, to allow completion of environmental assessments.Designates as official titles the popular names for the National Park Service Organic Act and the National Park System General Authorities Act.

{"src": "billsum_train", "title": "To make technical corrections to laws passed by the 106th Congress related to parks and public lands, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act''. TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II SEC. 101. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II Act of 1999''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented along our Nation's southwest border influence the number of crossings, especially their location. (2) States and local governments were reimbursed approximately 60 percent of the costs of the incarceration of criminal aliens in fiscal year 1996 when only 90 jurisdictions applied for such reimbursement. In subsequent years, the number of local jurisdictions receiving reimbursement has increased. For fiscal year 1999, 280 local jurisdictions applied, and reimbursement amounted to only 40 percent of the costs incurred by those jurisdictions. (3) Certain counties, often with a small taxpayer base, located on or near the border across from sometimes highly populated areas of Mexico, suffer a substantially disproportionate share of the impact of criminal illegal aliens on its law enforcement and criminal justice systems. (4) A University of Arizona study released in January 1998 reported that at least 2 of the 4 counties located on Arizona's border of Mexico, Santa Cruz and Cochise Counties, are burdened with this problem-- (A) for example, in 1998, Santa Cruz County had 12.7 percent of Arizona's border population but 50 percent of alien crossings and 32.5 percent of illegal alien apprehensions; (B) for fiscal year 1998, it is estimated that, of its total criminal justice budget of 5,000,000 ($5,033,000), Santa Cruz County spent $1,900,000 (39 percent) to process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and (C) Santa Cruz County has not obtained relief from this burden, despite repeated appeals to Federal and State officials. (5) In the State of Texas, the border counties of Cameron, Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the unreimbursed costs of apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 142,000 days in county jails. (6) Throughout Texas nonborder counties bore similar unreimbursed costs for apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 1,000,000 days in county jails. (7) The State of Texas has incurred substantial additional unreimbursed costs for State law enforcement efforts made necessary by the presence of criminal illegal aliens. (8) The Federal Government should reimburse States and units of local government for the related costs incurred by the State for the imprisonment of any illegal alien. (b) Purpose.--The purpose of this title is-- (1) to assist States and local communities by providing financial assistance for expenditures for illegal juvenile aliens, and for related costs to States and units of local government that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems; and (2) to ensure equitable treatment for those States and local governments that are affected by Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented on the southwest border. SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL ALIENS. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (1) in subsection (a), by striking ``for'' and all that follows through ``State'' and inserting ``for-- ``(1) the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State; and ``(2) the indirect costs related to the imprisonment described in paragraph (1).''; (2) by striking subsection (c) and inserting the following: ``(c) Indirect Costs Defined.--In subsection (a), the term `indirect costs' includes-- ``(1) court costs, county attorney costs, and criminal proceedings expenditures that do not involve going to trial; ``(2) indigent defense; and ``(3) unsupervised probation costs.''; and (3) by amending subsection (d) to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to carry out subsection (a)(2) for each of the fiscal years 2001 through 2004.''. SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE ALIENS. (a) In General.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is further amended-- (1) in subsection (a)(1), by inserting ``or illegal juvenile alien who has been adjudicated delinquent or committed to a juvenile correctional facility by such State or locality'' before the semicolon; (2) in subsection (b), by inserting ``(including any juvenile alien who has been adjudicated delinquent or has been committed to a correctional facility)'' before ``who is in the United States unlawfully''; and (3) by adding at the end the following: ``(f) Juvenile Alien Defined.--In this section, the term `juvenile alien' means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act) who has been adjudicated delinquent or committed to a correctional facility by a State or locality as a juvenile offender.''. (b) Annual Report.--Section 332 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the number of illegal juvenile aliens (as defined in section 501(f) of the Immigration Reform and Control Act) that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.''. (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) is a juvenile alien with respect to whom section 501 of the Immigration Reform and Control Act of 1986 applies.''. SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by sections 103 and 104 of this Act, is further amended by adding at the end the following new subsection: ``(g) Manner of Allotment of Reimbursements.--Reimbursements under this section shall be allotted in a manner that takes into account special consideration for any State that-- ``(1) shares a border with Mexico or Canada; or ``(2) includes within the State an area in which a large number of undocumented aliens reside relative to the general population of the area.''. TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH SERVICES TO UNDOCUMENTED ALIENS SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS (a) Total Amount Available for Allotment.--To the extent of available appropriations under subsection (e), there are available for allotments under this section for each of fiscal years 2002 through 2005, $200,000,000 for payments to certain States under this section. (b) State Allotment Amount.-- (1) In general.--The Secretary shall compute an allotment for each fiscal year beginning with fiscal year 2001 and ending with fiscal year 2004 for each of the 17 States with the highest number of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. (2) Determination.--For purposes of paragraph (1), the number of undocumented aliens in a State under this section shall be determined based on estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). (c) Use of Funds.-- (1) In general.--From the allotments made under subsection (b) for a fiscal year, the Secretary shall pay to each State amounts described in a State plan, submitted to the Secretary, under which the amounts so allotted will be paid to local governments, hospitals, and related providers of emergency health services to undocumented aliens in a manner that-- (A) takes into account-- (i) each eligible local government's, hospital's or related provider's payments under the State plan approved under title XIX of the Social Security Act for emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)) for such fiscal year; or (ii) an appropriate alternative proxy for measuring the volume of emergency health services provided to undocumented aliens by eligible local governments, hospitals, and related providers for such fiscal year; and (B) provides special consideration for local governments, hospitals, and related providers located in-- (i) a county that shares a border with Mexico or Canada; or (ii) an area in which a large number of undocumented aliens reside relative to the general population of the area. (2) Special rules.--For purposes of this subsection: (A) A provider shall be considered to be ``related'' to a hospital to the extent that the provider furnishes emergency health services to an individual for whom the hospital also furnishes emergency health services. (B) Amounts paid under this subsection shall not duplicate payments made under title XIX of the Social Security Act for the provision of emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)). (d) Definitions.--In this section: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). (2) Provider.--The term ``provider'' includes a physician, another health care professional, and an entity that furnishes emergency ambulance services. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means the 50 States and the District of Columbia. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2001 through 2005.

TABLE OF CONTENTS: Title I: State Criminal Alien Assistance Program II Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act - Title I: State Criminal Alien Assistance Program II - State Criminal Alien Assistance Program II Act of 1999 - Amends the Immigration and Reform and Control Act of 1986 to provide for the reimbursement of States for indirect costs of incarcerating illegal aliens. Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs. Authorizes appropriations. Provides for the reimbursement of States for costs of incarcerating juvenile aliens. Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens. Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens - Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens. Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens. Authorizes appropriations.

{"src": "billsum_train", "title": "State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Terrorist Removal Act of 1995''. SEC. 2. REMOVAL OF ALIEN TERRORISTS. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting the following new section: ``removal of alien terrorists ``Sec. 242C. (a) Definitions.--As used in this section-- ``(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B); ``(2) the term `classified information' has the same meaning as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App. IV); ``(3) the term `national security' has the same meaning as defined in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App. IV); ``(4) the term `special court' means the court described in subsection (c) of this section; and ``(5) the term `special removal hearing' means the hearing described in subsection (e) of this section. ``(b) Application for Use of Procedures.--The provisions of this section shall apply whenever the Attorney General certifies under seal to the special court that-- ``(1) the Attorney General or Deputy Attorney General has approved of the proceeding under this section; ``(2) an alien terrorist is physically present in the United States; and ``(3) removal of such alien terrorist by deportation proceedings described in sections 242, 242A, or 242B would pose a risk to the national security of the United States because such proceedings would disclose classified information. ``(c) Special Court.-- ``(1) The Chief Justice of the United States shall publicly designate up to seven judges from up to seven United States judicial districts to hear and decide cases arising under this section, in a manner consistent with the designation of judges described in section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)). ``(2) The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to 50 U.S.C. 1803(a). ``(d) Invocation of Special Court Procedure.-- ``(1) When the Attorney General makes the application described in subsection (b), a single judge of the special court shall consider the application in camera and ex parte. ``(2) The judge shall invoke the procedures of subsection (e), if the judge determines that there is probable cause to believe that-- ``(A) the alien who is the subject of the application has been correctly identified; ``(B) a deportation proceeding described in sections 242, 242A, or 242B would pose a risk to the national security of the United States because such proceedings would disclose classified information; and ``(C) the threat posed by the alien's physical presence is immediate and involves the risk of death or serious bodily harm. ``(e) Special Removal Hearing.-- ``(1) Except as provided in paragraph (4), the special removal hearing authorized by a showing of probable cause described in subsection (d)(2) shall be open to the public. ``(2) The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent such alien. Counsel may be appointed as described in section 3006A of title 18, United States Code. ``(3) The alien shall have a right to introduce evidence on his own behalf, and except as provided in paragraph (4), shall have a right to cross-examine any witness or request that the judge issue a subpoena for the presence of a named witness. ``(4) The judge shall authorize the introduction in camera and ex parte of any item of evidence for which the judge determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information. ``(5) With respect to any evidence described in paragraph (4), the judge shall cause to be delivered to the alien either-- ``(A)(i) the substitution for such evidence of a statement admitting relevant facts that the specific evidence would tend to prove, or (ii) the substitution for such evidence of a summary of the specific evidence; or ``(B) if disclosure of even the substituted evidence described in subparagraph (A) would create a substantial risk of death or serious bodily harm to any person, a statement informing the alien that no such summary is possible. ``(6) If the judge determines-- ``(A) that the substituted evidence described in paragraph (5)(A) will provide the alien with substantially the same ability to make his defense as would disclosure of the specific evidence, or ``(B) that disclosure of even the substituted evidence described in paragraph (5)(A) would create a substantial risk of death or serious bodily harm to any person, then the determination of deportation (described in subsection (f)) may be made pursuant to this section. ``(f) Determination of Deportation.-- ``(1) If the determination in subsection (e)(6)(A) has been made, the judge shall, considering the evidence on the record as a whole, require that the alien be deported if the Attorney General proves, by clear and convincing evidence, that the alien is subject to deportation because he is an alien as described in section 241(a)(4)(B). ``(2) If the determination in subsection (e)(6)(B) has been made, the judge shall, considering the evidence received (in camera and otherwise), require that the alien be deported if the Attorney General proves, by clear, convincing, and unequivocal evidence, that the alien is subject to deportation because he is an alien as described in section 241(a)(4)(B). ``(g) Appeals.-- ``(1) The alien may appeal a determination under subsection (f) to the court of appeals for the Federal Circuit, by filing a notice of appeal with such court within twenty days of the determination under such subsection. ``(2) The Attorney General may appeal a determination under subsection (d), (e), or (f) to the court of appeals for the Federal Circuit, by filing a notice of appeal with such court within twenty days of the determination under any one of such subsections. ``(3) When requested by the Attorney General, the entire record of the proceeding under this section shall be transmitted to the court of appeals under seal. The court of appeals shall consider such appeal in camera and ex parte.''.

Alien Terrorist Removal Act of 1995 - Amends the Immigration and Nationality Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases.

{"src": "billsum_train", "title": "Alien Terrorist Removal Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contractors and Federal Spending Accountability Act of 2008''. SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS. (a) In General.--Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding integrity and performance of persons awarded Federal contracts and grants for use by Federal officials having authority over contracts and grants. (b) Persons Covered.--The database shall cover any person awarded a Federal contract or grant if any information described in subsection (c) exists with respect to such person. (c) Information Included.--With respect to a person awarded a Federal contract or grant, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding the following: (1) Each civil or criminal proceeding, or any administrative proceeding, with respect to the person during the period to the extent that such proceeding results in the following dispositions and the payment of a monetary fine, penalty, reimbursement, restitution, damages, or settlement to a government of $5,000 or more, concluded by the Federal Government or any State government against the person: (A) In a criminal proceeding, a conviction. (B) In a civil or administrative proceeding, a finding of liability. (C) In a civil or administrative proceeding, a disposition of the matter by consent or compromise if the proceeding could have led to either of the outcomes specified in subparagraph (A) or (B). (2) Each Federal contract and grant awarded to the person that was terminated in such period due to default. (3) Each Federal suspension and debarment of the person in that period. (4) Each Federal administrative agreement signed with the person in that period if the proceeding concerned could have led to either of the outcomes specified in subparagraph (A) or (B) of paragraph (1). (5) Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)). (d) Requirements Relating to Information in Database.-- (1) Direct input and update.--The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or grant recipients. (2) Timeliness and accuracy.--The Administrator shall develop policies to require-- (A) the timely and accurate input of information into the database; (B) notification of any covered person when information relevant to the person is entered into the database; and (C) an opportunity for any covered person to append comments to information about such person in the database. (e) Availability.-- (1) Availability to all federal agencies.--The Administrator shall make the database available to all Federal agencies. (2) Availability to the public.--The Administrator shall make the database available to the public by posting the database on the General Services Administration website. (3) Limitation.--This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code. SEC. 3. REVIEW OF DATABASE. (a) Requirement to Review Database.--Prior to the award of a contract or grant, an official responsible for awarding a contract or grant shall review the database established under section 2. (b) Requirement To Document Present Responsibility.--In the case of a prospective awardee of a contract or grant against which a judgment or conviction has been rendered more than once within any 3-year period for the same or similar offences, if each judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why the prospective awardee is considered presently responsible. SEC. 4. DISCLOSURE IN APPLICATIONS. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c). (b) Covered Contracts and Grants.--This section shall apply only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)). SEC. 5. ROLE OF INTERAGENCY COMMITTEE. (a) Requirement.--The Interagency Committee on Debarment and Suspension shall-- (1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings; (2) coordinate actions among interested agencies with respect to such action; (3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system; (4) recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee; (5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations; (6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and (7) submit to the Congress an annual report on-- (A) the progress and efforts to improve the suspension and debarment system; (B) member agencies' active participation in the committee's work; and (C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system. (b) Definition.--The term ``Interagency Committee on Debarment and Suspension'' means such committee constituted under sections 4 and 5 and of Executive Order 12549. SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES. Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of General Services such funds as may be necessary to establish the database described in section 2. SEC. 8. REPORT TO CONGRESS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report. (b) Contents of Report.--The report shall contain the following: (1) A list of all databases that include information about Federal contracting and Federal grants. (2) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database.

Contractors and Federal Spending Accountability Act of 2008 - Requires the Administrator of General Services to establish and maintain on a General Services Administration (GSA) website for use by officials of all federal agencies a database of information regarding the integrity and performance of persons awarded federal contracts and grants. Requires the database to include information on such persons for the last five years regarding: (1) any civil, criminal, or administrative proceeding resulting in payment of a monetary fine, penalty, reimbursement, restitution, damages, or settlement of $5,000 or more to the federal or a state government; and (2) each contract and grant terminated due to default; (3) each suspension and debarment; (4) each federal and state administrative agreement signed in a proceeding that could have led to a criminal conviction or a finding of liability; and (5) each federal determination that such a person is not a responsible source under the Office of Federal Procurement Policy Act. Requires disclosure of such information by applicants for grants or contracts exceeding the simplified acquisition threshold. Requires the Administrator to require: (1) notification of any covered person when information relevant to the person is entered into the database; and (2) an opportunity for such person to append comments to such information. Requires agency officials to: (1) review such database prior to awarding a contract or grant; and (2) document why a prospective awardee against whom a judgment or conviction for similar offences has been rendered more than once within any three-year period is considered presently responsible. Sets forth the role of the Interagency Committee on Debarment and Suspension, including to: (1) determine the agency responsible for initiating proceedings; (2) facilitate cooperative efforts among agencies in the suspension and debarment system; and (3) report to Congress on improvements to and each agency's activities in such system. Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to participate. Requires the Administrator to report to Congress on all databases that include information about federal contracting and grants and on creating a centralized federal contracting and grant database.

{"src": "billsum_train", "title": "A bill to improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. California.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ 17''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by-- (1) deleting ``Portland'' and ``Seattle'' in the item relating to the ninth circuit; and (2) inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Las Vegas, Phoenix, Anchorage, Missoula, Portland, Seattle.''. SEC. 6. JUDGESHIPS. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands or Nevada shall be a circuit judge of the new ninth circuit as of such effective date. (b) Appointment of Judges for the Twelfth Circuit.--The President shall appoint, by and with the advice of the Senate, 17 circuit judges for the new twelfth circuit, selected from the States assigned to the new twelfth circuit. The official duty station of a judge appointed under this paragraph shall be the locations in the table contained in section 48(a) of title 28, United States Code, as amended by this Act. SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. SENIORITY OF JUDGES. The seniority of each judge appointed under section 6(b) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 9. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 10. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect immediately upon enactment of this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.

Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017 This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit that consists of only California; and (2) a newly established Twelfth Circuit to be composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Hawaii. The Twelfth Circuit must hold regular sessions in Las Vegas, Phoenix, Anchorage, Missoula, Portland, and Seattle. Each circuit judge of the former Ninth Circuit who is in regular active service and whose official duty station is currently in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, the Northern Mariana Islands, or Nevada shall be a circuit judge of the new Ninth Circuit. The President shall appoint, with the advice of the Senate, 17 circuit judges for the new Twelfth Circuit, selected from the states assigned to that circuit. Senior circuit judges of the former Ninth Circuit currently stationed in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands may elect their circuit assignment.

{"src": "billsum_train", "title": "Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Improvements Act of 1999''. SEC. 2. AUTHORIZATION OF CONSOLIDATED TRADE ADJUSTMENT ASSISTANCE. (a) Authorization of Appropriations.-- (1) In general.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended to read as follows: ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Labor for each of the fiscal years 1999 through 2001 such sums as may be necessary to carry out the purposes of this chapter.''. (2) Temporary extension of nafta assistance.--Section 250(d)(2) of such Act (19 U.S.C. 2331(d)(2)) is amended by striking ``June 30, 1999, shall not exceed $15,000,000'' and inserting ``September 30, 1999, shall not exceed $30,000,000''. (b) Repeal of NAFTA Transitional Adjustment Assistance Program.-- (1) In general.--Subchapter D of chapter 2 of title II of such Act (19 U.S.C. 2331) is hereby repealed. (2) Conforming amendments.--(A) Section 249A of such Act (19 U.S.C. 2322) is hereby repealed. (B) The table of contents of such Act is amended-- (i) by striking the item relating to section 249A; and (ii) by striking the items relating to subchapter D of chapter 2 of title II. (c) Termination.--Section 285 of such Act (19 U.S.C. 2271 note) is amended-- (1) by amending subsection (c)(1) to read as follows: ``(c)(1) Except as provided in paragraph (2), no assistance, vouchers, allowances, or other payments may be provided under chapter 2, and no technical assistance may be provided under chapter 3, after September 30, 2001.''; and (2) in subsection (c)(2), by striking ``June 30, 1999,'' and inserting ``September 30, 1999,''. (d) Effective Date.-- (1) Subsections (a) and (c).--The amendments made by subsections (a) and (c) take effect on-- (A) July 1, 1999; or (B) the date of enactment of this Act, whichever is earlier. (2) Subsection (b).--The amendments made by subsection (b) take effect on-- (A) October 1, 1999; or (B) 90 days after the date of enactment of this Act, whichever is later. SEC. 3. FILING OF PETITIONS AND PROVISION OF RAPID RESPONSE ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. (a) Filing of Petitions and Provision of Rapid Response Assistance.--Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended to read as follows: ``(a)(1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this chapter may be filed with the Governor of the State in which such workers' firm or subdivision is located by any of the following: ``(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). ``(B) The certified or recognized union or other duly authorized representative of such workers. ``(C) Employers of such workers, one-stop operators or one- stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or State employment agencies, on behalf of such workers. ``(2) Upon receipt of a petition filed under paragraph (1), the Governor shall-- ``(A) immediately transmit the petition to the Secretary of Labor (hereinafter in this chapter referred to as the `Secretary'); ``(B) ensure that rapid response assistance and basic readjustment services authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and ``(C) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. ``(3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.''. (b) Expedited Review of Petitions by Secretary of Labor.--Section 223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence by striking ``60 days'' and inserting ``40 days''. SEC. 4. ADDITION OF SHIFT IN PRODUCTION AS BASIS FOR ELIGIBILITY FOR TRADE ADJUSTMENT ASSISTANCE. Section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) is amended to read as follows: ``(a) A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that-- ``(1) a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; and ``(2)(A)(i) the sales or production, or both, of such firm or subdivision have decreased absolutely; ``(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and ``(iii) the increase in imports described in clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or ``(B) there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.''. SEC. 5. INFORMATION ON CERTAIN CERTIFICATIONS. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following subsection: ``(e) The Secretary shall collect and maintain information-- ``(1) identifying the countries to which firms have shifted production resulting in certifications under section 222(a)(2)(B), including the number of such certifications relating to each country; and ``(2) to the extent feasible, identifying the countries from which imports of articles have resulted in certifications under section 222(a)(2)(A), including the number of such certifications relating to each country.''. SEC. 6. ENROLLMENT IN TRAINING REQUIREMENT. Section 231(a)(5)(A) of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by adding ``and'' after the comma at the end; and (3) by adding at the end the following: ``(ii) the enrollment required under clause (i) occurs no later than the latest of-- ``(I) the last day of the 16th week after the worker's most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2); ``(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker; or ``(III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period;''. SEC. 7. WAIVERS OF TRAINING REQUIREMENTS. (a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended to read as follows: ``(c)(1) The Secretary may issue a written statement to a worker waiving the enrollment in the training requirement described in subsection (a)(5)(A) if the Secretary determines that such training requirement is not feasible or appropriate for the worker, as indicated by 1 or more of the following: ``(A) The worker has been notified that the worker will be recalled by the firm from which the qualifying separation occurred. ``(B) The worker has marketable skills as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary. ``(C) The worker is within 2 years of meeting all requirements for entitlement to old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor). ``(D) The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. ``(E) The first available enrollment date for the approved training of the worker is within 45 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. ``(F) There are insufficient funds available for training under this chapter, taking into account the limitation under section 236(a)(2)(A). ``(G) The duration of training appropriate for the individual to obtain suitable employment exceeds the individual's maximum entitlement to basic and additional trade readjustment allowances and, in addition, financial support available through other Federal or State programs, including title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.) or chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, that would enable the individual to complete a suitable training program cannot be assured. ``(2) The Secretary shall specify the duration of the waiver under paragraph (1) and shall periodically review the waiver to determine whether the basis for issuing the waiver remains applicable. If at any time the Secretary determines such basis is no longer applicable to the worker, the Secretary shall revoke the waiver. ``(3) Pursuant to the agreement under section 239, the Secretary may authorize the State or State agency to carry out activities described in paragraph (1) (except for the determination under subparagraphs (F) and (G) of paragraph (1)). Such agreement shall include a requirement that the State or State agency submit to the Secretary the written statements provided pursuant to paragraph (1) and a statement of the reasons for the waiver. ``(4) The Secretary shall submit an annual report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives identifying the number of workers who received waivers and the average duration of such waivers issued under this subsection during the preceding year.''. (b) Conforming Amendment.--Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking ``certified''. SEC. 8. PROVISION OF TRADE READJUSTMENT ALLOWANCES DURING BREAKS IN TRAINING. Section 233(f) of the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter preceding paragraph (1) by striking ``14 days'' and inserting ``30 days''. SEC. 9. INCREASE IN ANNUAL TOTAL AMOUNT OF PAYMENTS FOR TRAINING. Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000'' and all that follows through $70,000,000 and inserting ``$150,000,000''. SEC. 10. ELIMINATION OF QUARTERLY REPORT. (a) In General.--Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended by striking the last sentence. (b) Effective Date.--The amendment made by this section takes effect on October 1, 1999. SEC. 11. COORDINATION WITH ONE-STOP DELIVERY SYSTEMS, THE JOB TRAINING PARTNERSHIP ACT, AND THE WORKFORCE INVESTMENT ACT OF 1998. (a) Coordination With One-Stop Delivery Systems.--Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting ``, including the services provided through one-stop delivery systems described in section 134(c) of the Workforce Investment Act of 1998 (19 U.S.C. 2864(c))'' before the period at the end of the first sentence. (b) Coordination With Job Training Partnership Act and Workforce Investment Act of 1998.--Section 239(e) such Act (19 U.S.C. 2311(e)) is amended-- (1) in the first sentence, by striking ``or title I of the Workforce Investment Act of 1998'' and inserting ``or under the provisions relating to dislocated worker employment and training activities set forth in chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), as the case may be,''; and (2) by inserting after the first sentence the following: ``Such coordination shall include use of common reporting systems and elements, including common elements relating to participant data and performance outcomes (including employment, retention of employment, and wages).''. SEC. 12. SUPPORTIVE SERVICES. (a) In General.--Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended by adding at the end the following: ``SEC. 238A. SUPPORTIVE SERVICES. ``(a) Application.--Any adversely affected worker covered by a certification under subchapter A of this chapter may file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. ``(b) Conditions.--The Secretary may approve an application filed under subsection (a) and provide supportive services to an adversely affected worker only if the Secretary determines that-- ``(1) the provision of such services is necessary to enable the worker to participate in or complete training; and ``(2) the provision of such services is consistent with the provision of supportive services to participants under the program of employment and training assistance for dislocated workers carried out under title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.), as in effect on the date of enactment of the Trade Adjustment Assistance Reform Act of 1999, or under the provisions relating to dislocated worker employment and training activities set forth in chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.), as the case may be.''. (b) Conforming Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 238 the following: ``Sec. 238A. Supportive services.''. SEC. 13. ADDITIONAL CONFORMING AMENDMENTS. (a) Section 225.--Section 225(b) of the Trade Act of 1974 (19 U.S.C. 2275(b)) is amended in each of paragraphs (1) and (2) by striking ``or subchapter D''. (b) Section 240.--Section 240(a) of such Act (19 U.S.C. 2312(a)) is amended by striking ``subchapter B of''. SEC. 14. AVAILABILITY OF CONTINGENCY FUNDS. (a) In General.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended by section 2, is amended-- (1) by striking ``There are authorized'' and inserting ``(a) In General.--There are authorized''; and (2) by adding at the end the following: ``(b) Contingency Funds.--Subject to the limitation contained in section 236(a)(2), if in any fiscal year the funds available to carry out the programs under this chapter are exhausted, there shall be made available from funds in the Treasury not otherwise appropriated amounts sufficient to carry out such programs for the remainder of the fiscal year.''. (b) Effective Date.--The amendments made by this section take effect on-- (1) July 1, 1999; or (2) the date of enactment of this Act, whichever is earlier. SEC. 15. REAUTHORIZATION OF ADJUSTMENT ASSISTANCE FOR FIRMS. (a) In General.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``for the period beginning October 1, 1998, and ending June 30, 1999'' and inserting ``for each of fiscal years 1999 through 2001''. (b) Effective Date.--The amendment made by this section takes effect on-- (1) July 1, 1999; or (2) the date of enactment of this Act, whichever is earlier. SEC. 16. EFFECTIVE DATE; TRANSITION PROVISION. (a) Effective Date.--Except as otherwise provided in this Act, this Act and the amendments made by this Act take effect on-- (1) October 1, 1999; or (2) 90 days after the date of enactment of this Act, whichever is later. (b) Transition.--The Secretary of Labor may promulgate such rules as the Secretary determines to be necessary to provide for the implementation of the amendments made by this Act.

Trade Adjustment Assistance Reform Act of 1999 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2001 for trade adjustment assistance (TAA) for workers. (Sec. 2) Extends, temporarily, through September 30, 1999, the North American Free Trade (NAFTA) Transitional Adjustment Assistance Program. Repeals the NAFTA Transitional Adjustment Assistance Program (effectively eliminating TAA for workers under such program). (Sec. 3) Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop operators or one-stop partners, or State employment agencies to file on their behalf with the Governor of the State (currently, with the Secretary of Labor) a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately; (2) ensure that rapid response assistance and basic readjustment services are made available to the workers; and (3) assist the Secretary in the review of the petition. Requires the Secretary to review such petitions for certification of eligibility within 40 days (currently, 60 days) of its filing. (Sec. 4) Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm. (Sec. 5) Directs the Secretary to collect and maintain certain information with respect to certifications of TAA. (Sec. 6) Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors. (Sec. 8) Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility. (Sec. 9) Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year. (Sec. 11) Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop delivery systems. Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998. (Sec. 12) Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services. (Sec. 14) Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted. (Sec. 15) Authorizes appropriations to the Department of Labor for FY 1999 through 2001 for TAA for firms.

{"src": "billsum_train", "title": "Trade Adjustment Assistance Improvements Act of 1999"}