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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients and Public Health Partnership Act of 2008''. SEC. 2. DEMONSTRATION PROJECT FOR INTEGRATED HEALTH SYSTEMS TO EXPAND ACCESS TO PRIMARY AND PREVENTIVE SERVICES FOR THE MEDICALLY UNDERSERVED. Part D of title III of the Public Health Service Act (42 U.S.C. 259b et seq.) is amended by adding at the end the following new subpart: ``Subpart XI--Demonstration Project for Integrated Health Systems to Expand Access to Primary and Preventive Services for the Medically Underserved ``SEC. 340H. DEMONSTRATION PROJECT FOR INTEGRATED HEALTH SYSTEMS TO EXPAND ACCESS TO PRIMARY AND PREVENTIVE CARE FOR THE MEDICALLY UNDERSERVED. ``(a) Establishment of Demonstration.-- ``(1) In general.--Not later than January 1, 2009, the Secretary shall establish a demonstration project (hereafter in this section referred to as the `demonstration') under which up to 30 qualifying integrated health systems receive grants for the costs of their operations to expand access to primary and preventive services for the medically underserved. ``(2) Rule of construction.--Nothing in this section shall be construed as authorizing grants to be made or used for the costs of specialty care or hospital care furnished by an integrated health system. ``(b) Application.--Any integrated health system desiring to participate in the demonstration shall submit an application in such manner, at such time, and containing such information as the Secretary may require. ``(c) Criteria for Selection.--In selecting integrated health systems to participate in the demonstration (hereafter referred to as `participating integrated health systems'), the Secretary shall ensure representation of integrated health systems that are located in a variety of States (including the District of Columbia and the territories and possessions of the United States) and locations within States, including rural areas, inner-city areas, and frontier areas. ``(d) Duration.--Subject to the availability of appropriations, the demonstration shall be conducted (and operating grants be made to each participating integrated health system) for a period of 3 years. ``(e) Reports.-- ``(1) In general.--The Secretary shall submit to the appropriate committees of the Congress interim and final reports with respect to the demonstration, with an interim report being submitted not later than 3 months after the demonstration has been in operation for 24 months and a final report being submitted not later than 3 months after the close of the demonstration. ``(2) Content.--Such reports shall evaluate the effectiveness of the demonstration in providing greater access to primary and preventive care for medically underserved populations, and how the coordinated approach offered by integrated health systems contributes to improved patient outcomes. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated $25,000,000 for each of the fiscal years 2009, 2010, and 2011 to carry out this section. ``(2) Construction.--Nothing in this section shall be construed as requiring or authorizing a reduction in the amounts appropriated for grants to health centers under section 330 for the fiscal years referred to in paragraph (1). ``(g) Definitions.--For purposes of this section: ``(1) Frontier area.--The term `frontier area' has the meaning given to such term in regulations promulgated pursuant to section 330I(r). ``(2) Integrated health system.--The term `integrated health system' means a health system that-- ``(A) has a demonstrated capacity and commitment to provide a full range of primary care, specialty care, and hospital care in both inpatient and outpatient settings; and ``(B) is organized to provide such care in a coordinated fashion. ``(3) Qualifying integrated health system.-- ``(A) In general.--The term `qualifying integrated health system' means a public or private nonprofit entity that is an integrated health system that meets the requirements of subparagraph (B) and serves a medically underserved population (either through the staff and supporting resources of the integrated health system or through contracts or cooperative arrangements) by providing-- ``(i) required primary and preventive health and related services (as defined in paragraph (4)); and ``(ii) as may be appropriate for a population served by a particular integrated health system, integrative health services (as defined in paragraph (5)) that are necessary for the adequate support of the required primary and preventive health and related services and that improve care coordination. ``(B) Other requirements.--The requirements of this subparagraph are that the integrated health system-- ``(i) will make the required primary and preventive health and related services of the integrated health system available and accessible in the service area of the integrated health system promptly, as appropriate, and in a manner which assures continuity; ``(ii) will demonstrate financial responsibility by the use of such accounting procedures and other requirements as may be prescribed by the Secretary; ``(iii) provides or will provide services to individuals who are eligible for medical assistance under title XIX of the Social Security Act or for assistance under title XXI of such Act; ``(iv) has prepared a schedule of fees or payments for the provision of its services consistent with locally prevailing rates or charges and designed to cover its reasonable costs of operation and has prepared a corresponding schedule of discounts to be applied to the payment of such fees or payments, which discounts are adjusted on the basis of the patient's ability to pay; ``(v) will assure that no patient will be denied health care services due to an individual's inability to pay for such services; ``(vi) will assure that any fees or payments required by the system for such services will be reduced or waived to enable the system to fulfill the assurance described in clause (v); ``(vii) provides assurances that any grant funds will be expended to supplement, and not supplant, the expenditures of the integrated health system for primary and preventive health services for the medically underserved; and ``(viii) submits to the Secretary such reports as the Secretary may require to determine compliance with this subparagraph. ``(C) Treatment of certain entities.--The term `qualifying integrated health system' may include a nurse-managed health clinic if such clinic meets the requirements of subparagraphs (A) and (B) (except those requirements that have been waived under paragraph (4)(B)). ``(4) Required primary and preventive health and related services.-- ``(A) In general.--Except as provided in subparagraph (B), the term `required primary and preventive health and related services' means basic health services consisting of-- ``(i) health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians where appropriate, physician assistants, nurse practitioners, and nurse midwives; ``(ii) diagnostic laboratory services and radiologic services; ``(iii) preventive health services, including prenatal and perinatal care; appropriate cancer screening; well-child services; immunizations against vaccine- preventable diseases; screenings for elevated blood lead levels, communicable diseases, and cholesterol; pediatric eye, ear, and dental screenings to determine the need for vision and hearing correction and dental care; and voluntary family planning services; ``(iv) emergency medical services; and ``(v) pharmaceutical services, behavioral, mental health, and substance abuse services, preventive dental services, and recuperative care, as may be appropriate. ``(B) Exception.--In the case of an integrated health system serving a targeted population, the Secretary shall, upon a showing of good cause, waive the requirement that the integrated health system provide each required primary and preventive health and related service under this paragraph if the Secretary determines one or more such services are inappropriate or unnecessary for such population. ``(5) Integrative health services.--The term `integrative health services' means services that are not included as required primary and preventive health and related services and are associated with achieving the greater integration of a health care delivery system to improve patient care coordination so that the system either directly provides or ensures the provision of a broad range of culturally competent services. Integrative health services include but are not limited to the following: ``(A) Outreach activities. ``(B) Case management and patient navigation services. ``(C) Chronic care management. ``(D) Transportation to health care facilities. ``(E) Development of provider networks and other innovative models to engage local physicians and other providers to serve the medically underserved within a community. ``(F) Recruitment, training, and compensation of necessary personnel. ``(G) Acquisition of technology for the purpose of coordinating care. ``(H) Improvements to provider communication, including implementation of shared information systems or shared clinical systems. ``(I) Determination of eligibility for Federal, State, and local programs that provide, or financially support the provision of, medical, social, housing, educational, or other related services. ``(J) Development of prevention and disease management tools and processes. ``(K) Translation services. ``(L) Development and implementation of evaluation measures and processes to assess patient outcomes. ``(M) Integration of primary care and mental health services. ``(N) Carrying out other activities that may be appropriate to a community and that would increase access by the uninsured to health care, such as access initiatives for which private entities provide non- Federal contributions to supplement the Federal funds provided through the grants for the initiatives. ``(6) Specialty care.--The term `specialty care' means care that is provided through a referral and by a physician or nonphysician practitioner, such as surgical consultative services, radiology services requiring the immediate presence of a physician, audiology, optometric services, cardiology services, magnetic resonance imagery (MRI) services, computerized axial tomography (CAT) scans, nuclear medicine studies, and ambulatory surgical services. ``(7) Nurse-managed health clinic.--The term `nurse-managed health clinic' means a nurse-practice arrangement, managed by advanced practice nurses, that provides care for underserved and vulnerable populations and is associated with a school, college, or department of nursing or an independent nonprofit health or social services agency.''.

Patients and Public Health Partnership Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a demonstration project under which up to 30 qualifying integrated health systems receive grants for the costs of their operations to expand access to primary and preventive services for the medically underserved.

{"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize a demonstration project for integrated health systems to expand access to primary and preventive care for the medically underserved, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Missile Defense Act of 1997''. SEC. 2. NATIONAL MISSILE DEFENSE POLICY. (a) National Missile Defense.--It is the policy of the United States to deploy by the end of 2003 a National Missile Defense system that-- (1) is capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate); and (2) could be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats if they emerge. (b) Cooperative Transition.--It is the policy of the United States to seek a cooperative transition to a regime that does not feature an offense-only form of deterrence as the basis for strategic stability. SEC. 3. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for Development of System.--To implement the policy established in section 3(a), the Secretary of Defense shall develop for deployment a National Missile Defense (NMD) system which shall achieve an initial operational capability (IOC) by the end of 2003. (b) Elements of the NMD System.--The system to be developed for deployment shall include the following elements: (1) Interceptors.--An interceptor system that optimizes defensive coverage of the continental United States, Alaska, and Hawaii against limited ballistic missile attack (whether accidental, unauthorized, or deliberate). (2) Ground-based radars.--Fixed ground-based radars. (3) Space-based sensors.--Space-based sensors, including the Space and Missile Tracking System. (4) BM/C<SUP>3.--Battle management, command, control, and communications (BM/C<SUP>3). SEC. 4. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM. The Secretary of Defense shall-- (1) upon the enactment of this Act, promptly initiate required preparatory and planning actions that are necessary so as to be capable of meeting the initial operational capability (IOC) date specified in section 3(a); (2) not later than the end of fiscal year 1999, conduct an integrated systems test which uses elements (including BM/ C<SUP>3 elements) that are representative of, and traceable to, the national missile defense system architecture specified in section 3(b); (3) prescribe and use streamlined acquisition policies and procedures to reduce the cost and increase the efficiency of developing the system specified in section 3(a); and (4) develop a national missile defense follow-on program that-- (A) leverages off of the national missile defense system specified in section 3(a); and (B) could augment that system, if necessary, to provide for a layered defense. SEC. 5. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM DEVELOPMENT AND DEPLOYMENT. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for development and deployment of a national missile defense system pursuant to this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 3(b); and (B) a discussion of the justification for the selection of that particular architecture. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1998 through 2003 in order to achieve the initial operational capability date specified in section 3(a). (3) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet the initial operational capability date specified in section 3(a). SEC. 6. POLICY REGARDING THE ABM TREATY. (a) ABM Treaty Negotiations.--In light of the findings in section 232 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 102-106; 110 Stat. 228, 10 U.S.C. 2431 note) and the policy established in section 2, Congress urges the President to pursue, if necessary, high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the national missile defense system being developed for deployment under section 3. (b) Requirement for Senate Advice and Consent.--If an agreement described in subsection (a) is achieved in discussions described in that subsection, the President shall present that agreement to the Senate for its advice and consent. No funds appropriated or otherwise available for any fiscal year may be obligated or expended to implement such an amendment to the ABM Treaty unless the amendment is made in the same manner as the manner by which a treaty is made. (c) Action Upon Failure To Achieve Negotiated Changes Within One Year.--If an agreement described in subsection (a) is not achieved in discussions described in that subsection within one year after the date of the enactment of this Act, the President and Congress, in consultation with each other, shall consider exercising the option of withdrawing the United States from the ABM Treaty in accordance with the provisions of Article XV of that treaty. SEC. 7. DEFINITIONS. In this Act: (1) ABM treaty.--The term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974. (2) Limited ballistic missile attack.--The term ``limited ballistic missile attack'' refers to a limited ballistic missile attack as that term is used in the National Ballistic Defense Capstone Requirements Document, dated August 24, 1996, that was issued by the United States Space Command and validated by the Joint Requirements Oversight Council of the Department of Defense.

National Missile Defense Act of 1997 - Directs the Secretary of Defense to develop for deployment a National Missile Defense (NMD) system which shall achieve operational capability by the end of 2003. Includes as system elements: (1) an interceptor system that optimizes defensive coverage of the United States; (2) fixed ground-based radar; (3) space-based sensors; and (4) battle management, command, control, and communications. Directs the Secretary to: (1) conduct an integrated systems test by the end of FY 1999; (2) use streamlined acquisition procedures; (3) develop a follow-on program that leverages off of, and that could augment, the NMD system to provide for a layered defense; and (4) report to the Congress on the plan for carrying out this Act, the appropriations required for FY 1998 through 2003, and the point at which activity would conflict with terms of the Anti-Ballistic Missile (ABM) Treaty. Urges the President, if necessary, to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year, to consider the option of withdrawing the United States from the ABM Treaty.

{"src": "billsum_train", "title": "National Missile Defense Act of 1997"}

SECTION 1. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE EMPLOYER PLANS. (a) In General.--In the case of an applicable pension plan-- (1) if an eligible employer elects the application of subsection (b), any liability of the employer with respect to the applicable pension plan shall be determined under subsection (b), and (2) if an eligible employer does not make such election, any liability of the employer with respect to the applicable pension plan shall be determined under subsection (c). (b) Election to Spin Off Liability.-- (1) In general.--If an eligible employer elects, within 180 days after the date of the enactment of this Act, to have this subsection apply, the applicable pension plan shall be treated as having, effective January 1, 2006, spun off such employer's allocable portion of the plan's assets and liabilities to an eligible spunoff plan and the employer's liability with respect to the applicable pension plan shall be determined by reference to the eligible spunoff plan in the manner provided under paragraph (2). The employer's liability, as so determined, shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan. (2) Liability of employers electing spinoff.-- (A) Ongoing funding liability.-- (i) In general.--In the case of an eligible spunoff plan, the amendments made by section 401, and subtitles A and B of title I, of the Pension Protection Act of 2006 shall not apply to plan years beginning before the first plan year for which the plan ceases to be an eligible spunoff plan (or, if earlier, January 1, 2017), and except as provided in clause (ii), the employer maintaining such plan shall be liable for ongoing contributions to the eligible spunoff plan on the same terms and subject to the same conditions as under the provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 as in effect before such amendments. Such liability shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan. (ii) Interest rate.--In applying section 302(b)(5)(B) of the Employee Retirement Income Security Act of 1974 and section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect before the amendments made by subtitles A and B of title I of the Pension Protection Act of 2006) and in applying section 4006(a)(3)(E)(iii) of such Act (as in effect before the amendments made by section 401 of such Act) to an eligible spunoff plan for plan years beginning after December 31, 2007, and before the first plan year to which such amendments apply, the third segment rate determined under section 303(h)(2)(C)(iii) of such Act and section 430(h)(2)(C)(iii) of such Code (as added by such amendments) shall be used in lieu of the interest rate otherwise used. (B) Termination liability.--If an eligible spunoff plan terminates under title IV of the Employee Retirement Income Security Act of 1974 on or before December 31, 2010, the liability of the employer maintaining such plan resulting from such termination under section 4062 of the Employee Retirement Income Security Act of 1974 shall be determined in accordance with the assumptions and methods described in subsection (c)(2)(A). The employer's liability, as so determined, shall be in lien of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan. (c) Liability of Employers Not Electing Spinoff.-- (1) In general.--If an applicable pension plan is terminated under the Employee Retirement Income Security Act of 1974, an eligible employer which does not make the election described in subsection (b) shall be liable to the corporation with respect to the applicable pension plan (in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan ) in an amount equal to the fractional portion of the adjusted unfunded benefit liabilities of such plan as of December 31, 2005, determined without regard to any adjusted unfunded benefit liabilities to be transferred to an eligible spunoff plan pursuant to subsection (b). (2) Definitions.--For purposes of this subsection-- (A) Adjusted unfunded benefit liabilities.--The term ``adjusted unfunded benefit liabilities'' means the amount of unfunded benefit liabilities (as defined in section 4001(a)(18) of the Employee Retirement Income Security Act of 1974), except that the interest assumption shall be the rate of interest under section 302(b) of the Employee Retirement Income Security Act of 1974 and section 412(b) of the Internal Revenue Code of 1986, as in effect before the amendments made by the Pension Protection Act of 2006, for the most recent plan year for which such rate exists. (B) Fractional portion.--The term ``fractional portion'' means a fraction, the numerator of which is the amount required to be contributed to the applicable pension plan for the 5 plan years ending before December 31, 2005, by such employer, and the denominator of which is the amount required to be contributed to such plan for such plan years by all employers which do not make the election described in subsection (b). (d) Other Definitions.--For purposes of this section-- (1) Applicable pension plan.--The term ``applicable pension plan'' means a single employer plan which-- (A) was established in the State of Alaska on March 18, 1967, and (B) as of January 1, 2005, had 2 or more contributing sponsors at least 2 of which were not under common control. (2) Allocable portion.--The term ``allocable portion'' means, with respect to any eligible employer making an election under subsection (b), the portion of an applicable pension plan's liabilities and assets which bears the same ratio to all such liabilities and assets as such employer's share (determined under subsection (c) as if no eligible employer made an election under subsection (b)) of the excess (if any) of-- (A) the liabilities of the plan, valued in accordance with subsection (c), over (B) the assets of the plan, bears to the total amount of such excess. (3) Eligible employer.--An ``eligible employer'' is an employer which participated in an eligible multiple employer plan on or after January 1, 2000.

Allows an employer participating in an eligible multiple employer plan to elect to have the pension plan treated as having spun off such employer's allocable portion of the plan's assets and liabilities to an eligible spun off plan. Specifies the employer's liability with respect to the spun off plan, which shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation (PBGC) or to the applicable pension plan. Excludes such spun off plan from the funding requirements of the Pension Protection Act of 2006 until at least January 1, 2017. Provides that the employer maintaining such plan is liable for ongoing contributions to the eligible spun off plan as required before amendments made by such Act. Applies the third segment rate (the rate of interest based on the corporate bond yield curve taking into account only bonds maturing after 20 years) to such plan in lieu of the interest rate otherwise used. Provides that the liability of the employer if such plan terminates shall be determined in accordance with the assumptions and methods described under this Act. Makes employers not making an election under this Act liable to the PBGC in an amount equal to the fractional portion of the adjusted unfunded benefit liabilities of such plan as of December 31, 2005, determined without regard to any adjusted unfunded benefit liabilities to be transferred to an eligible spun off plan. Applies this Act to a single employer pension plan that: (1) was established in the State of Alaska on March 18, 1967; and (2) as of January 2, 2005, had two or more contributing sponsors, at least two of which were not under common control.

{"src": "billsum_train", "title": "A bill to provide optional funding rules for employers in applicable multiple employer pension plans."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``50 States Commemorative Coin Program Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is appropriate and timely-- (A) to honor the unique Federal republic of 50 States that comprise the United States; and (B) to promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage; (2) the circulating coinage of the United States has not been modernized during the 25-year period preceding the date of enactment of this Act; (3) a circulating commemorative 25-cent coin program could produce earnings of $110,000,000 from the sale of silver proof coins and sets over the 10-year period of issuance, and would produce indirect earnings of an estimated $2,600,000,000 to $5,100,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent; and (4) it is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all of the States for the face value of the coins. SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES. Section 5112 of title 31, United States Code, is amended by inserting after subsection (k) the following new subsection: ``(l) Redesign and Issuance of Quarter Dollar in Commemoration of Each of the 50 States.-- ``(1) Redesign beginning in 1999.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning in 1999, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the 50 States. ``(B) Transition provision.--Notwithstanding subpar- agraph (A), the Secretary may continue to mint and issue quarter dollars in 1999 which bear the design in effect before the redesign required under this subsection and an inscription of the year `1998' as required to ensure a smooth transition into the 10-year program under this subsection. ``(2) Single state designs.--The design on the reverse side of each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States. ``(3) Issuance of coins commemorating 5 states during each of the 10 years.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the United States or were admitted into the Union, as the case may be. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year. ``(4) Selection of design.-- ``(A) In general.--Each of the 50 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Governor of the State being commemorated, or such other State officials or group as the State may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Commemorative Coin Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by State officials, artists from the States, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(7) Application in event of the admission of additional states.--If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).''. SEC. 4. UNITED STATES DOLLAR COINS. (a) Short Title.--This section may be cited as the ``United States $1 Coin Act of 1997''. (b) Weight.--Section 5112(a)(1) of title 31, United States Code, is amended by striking ``and weighs 8.1 grams''. (c) Color and Content.--Section 5112(b) of title 31, United States Code, is amended-- (1) in the first sentence, by striking ``dollar,''; and (2) by inserting after the fourth sentence the following: ``The dollar coin shall be golden in color, have a distinctive edge, have tactile and visual features that make the denomination of the coin readily discernible, be minted and fabricated in the United States, and have similar metallic, anti-counterfeiting properties as United States coinage in circulation on the date of enactment of the United States $1 Coin Act of 1997.''. (d) Design.--Section 5112(d)(1) of title 31, United States Code, is amended by striking the fifth and sixth sentences and inserting the following: ``The Secretary of the Treasury, in consultation with the Congress, shall select appropriate designs for the obverse and reverse sides of the dollar coin.''. (e) Production of New Dollar Coins.-- (1) In general.--Upon the depletion of the Government's supply (as of the date of enactment of this Act) of $1 coins bearing the likeness of Susan B. Anthony, the Secretary of the Treasury shall place into circulation $1 coins that comply with the requirements of subsections (b) and (d)(1) of section 5112 of title 31, United States Code, as amended by this section. (2) Authority of secretary to continue production.--If the supply of $1 coins bearing the likeness of Susan B. Anthony is depleted before production has begun of $1 coins which bear a design which complies with the requirements of subsections (b) and (d)(1) of section 5112 of title 31, United States Code, as amended by this section, the Secretary of the Treasury may continue to mint and issue $1 coins bearing the likeness of Susan B. Anthony in accordance with that section 5112 (as in effect on the day before the date of enactment of this Act) until such time as production begins. (3) Numismatic sets.--The Secretary may include such $1 coins in any numismatic set produced by the United States Mint before the date on which the $1 coins authorized by this section are placed in circulation. (f) Marketing Program.-- (1) In general.--Before placing into circulation $1 coins authorized under this section, the Secretary of the Treasury shall adopt a program to promote the use of such coins by commercial enterprises, mass transit authorities, and Federal, State, and local government agencies. (2) Study required.--The Secretary of the Treasury shall conduct a study on the progress of the marketing program adopted in accordance with paragraph (1). (3) Report.--Not later than March 31, 2001, the Secretary of the Treasury shall submit a report to the Congress on the results of the study conducted pursuant to paragraph (2). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to evidence any intention to eliminate or to limit the printing or circulation of United States currency in the $1 denomination. SEC. 6. FIRST FLIGHT COMMEMORATIVE COINS. (a) Coin Specifications.-- (1) Denominations.--The Secretary of the Treasury (hereafter in this section referred to as the ``Secretary'') shall mint and issue the following coins: (A) $10 gold coins.--Not more than 100,000 $10 coins, each of which shall-- (i) weigh 16.718 grams; (ii) have a diameter of 1.06 inches; and (iii) contain 90 percent gold and 10 percent alloy. (B) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (i) weigh 26.73 grams; (ii) have a diameter of 1.500 inches; and (iii) contain 90 percent silver and 10 percent copper. (C) Half dollar clad coins.--Not more than 750,000 half dollar coins each of which shall-- (i) weigh 11.34 grams; (ii) have a diameter of 1.205 inches; and (iii) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this section shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Sources of Bullion.--The Secretary shall obtain gold and silver for minting coins under this section pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable. (d) Design of Coins.-- (1) Design requirements.-- (A) In general.--The design of the coins minted under this section shall be emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. (B) Designation and inscriptions.--On each coin minted under this section there shall be-- (i) a designation of the value of the coin; (ii) an inscription of the year ``2003''; and (iii) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (2) Selection.--The design for the coins minted under this section shall be-- (A) selected by the Secretary after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts; and (B) reviewed by the Citizens Commemorative Coin Advisory Committee. (e) Period for Issuance of Coins.--The Secretary may issue coins minted under this section only during the period beginning on August 1, 2003, and ending on July 31, 2004. (f) Sale of Coins.-- (1) Sale price.--The coins issued under this section shall be sold by the Secretary at a price equal to the sum of-- (A) the face value of the coins; (B) the surcharge provided in paragraph (4) with respect to such coins; and (C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) Bulk sales.--The Secretary shall make bulk sales of the coins issued under this section at a reasonable discount. (3) Prepaid orders.-- (A) In general.--The Secretary shall accept prepaid orders for the coins minted under this section before the issuance of such coins. (B) Discount.--Sale prices with respect to prepaid orders under subparagraph (A) shall be at a reasonable discount. (4) Surcharges.--All sales shall include a surcharge of-- (A) $35 per coin for the $10 coin; (B) $10 per coin for the $1 coin; and (C) $1 per coin for the half dollar coin. (g) General Waiver of Procurement Regulations.-- (1) In general.--Except as provided in paragraph (2), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (2) Equal employment opportunity.--Paragraph (1) does not relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (h) Treatment as Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this subsection shall be considered to be numismatic items. (i) Distribution of Surcharges.-- (1) In general.--Subject to section 5134 of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the First Flight Foundation for the purposes of-- (A) repairing, refurbishing, and maintaining the Wright Brothers Monument on the Outer Banks of North Carolina; and (B) expanding (or, if necessary, replacing) and maintaining the visitor center and other facilities at the Wright Brothers National Memorial Park on the Outer Banks of North Carolina, including providing educational programs and exhibits for visitors. (2) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the First Flight Foundation as may be related to the expenditures of amounts paid under paragraph (1). (j) Financial Assurances.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this section will not result in any net cost to the United States Government. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union. United States $1 Coin Act of 1997 - Amends Federal law to mandate that the dollar coin shall: (1) be golden in color, have a distinctive edge, with tactile and visual features making it readily discernible; (2) be minted and fabricated in the United States; and (3) have similar metallic anticounterfeiting properties as U.S. clad coinage in circulation on the date of enactment of this Act. Directs the Secretary of the Treasury to place into circulation $1 coins that comply with such mandate upon depletion of the Government's supply of $1 coins bearing the likeness of Susan B. Anthony. Authorizes the Secretary to continue to mint and issue $1 Susan B. Anthony coins if they are depleted before production has begun of the new $1 coins mandated by this Act. Directs the Secretary to: (1) adopt a marketing program promoting the use of $1 coins by commercial enterprises, mass transit authorities, and Federal, State, and local government agencies; and (2) conduct a marketing study and report its progress results to the Congress. Directs the Secretary to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. Precludes this Act from being construed as evidence of any intention to eliminate or limit the printing or circulation of United States currency in the $1 denomination. Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Benefits Protection Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The intent of the Employee Retirement Income Security Act of 1974 to protect the pension and welfare benefits of workers is frustrated by the practice of mislabeling or relabeling employees to improperly exclude them from employee benefit plans. Employees are wrongly denied benefits when they are misclassified or reclassified as temporary employees, part- time employees, leased employees, agency employees, staffing firm employees, and independent contractors. If their true employment status were recognized, these misclassified and reclassified employees would be eligible to participate in employee pension and welfare benefit plans because such plans are offered to other employees performing the same or substantially the same work and working for the same employer. (2) Mislabeled employees are often paid through staffing, temporary, employee leasing, or other similar firms to give the appearance that the employees do not work for their employer. Employment contracts and reports to government agencies also are used to give the erroneous impression that mislabeled employees work for staffing, temporary, employee leasing, or other similar firms, when the facts of the work arrangement do not meet the common law standard for determining the employment relationship. Employees are also mislabeled as contractors and paid from non-payroll accounts to give the appearance that they are not employees of their employer. These practices violate the Employee Retirement Income Security Act of 1974. (3) Employers are amending their employee benefit plans to add provisions that exclude mislabeled employees from participation in the plan even in the event that such employees are determined to be common law employees and otherwise eligible to participate in the plan. These plan provisions violate the Employee Retirement Income Security Act of 1974. (4) As a condition of employment or continued service, employees are often required to sign documents that purport to waive their right to participate in employee benefit plans. Such documents inaccurately claim to limit the authority of the courts and applicable Federal agencies to correct the mislabeling and relabeling of employees and to enforce the terms of plans providing for their participation. This practice violates the Employee Retirement Income Security Act of 1974. (5) As a condition of continued employment or service, employees are often required to sign documents that purport to waive their right to bring a lawsuit under the Employee Retirement Income Security Act of 1974. Such documents inaccurately claim to limit the ability of the courts and applicable Federal agencies to obtain any payments or benefits in the event that the waiver is found not to be knowing and voluntary. This practice violates the Employee Retirement Income Security Act of 1974. (b) Purpose.--The purpose of this Act is to clarify applicable provisions of the Employee Retirement Income Security Act of 1974 to ensure that employees are not improperly excluded from participation in employee benefit plans as a result of mislabeling or reclassifying their employment status. SEC. 3. ADDITIONAL STANDARDS RELATING TO MINIMUM PARTICIPATION REQUIREMENTS. (a) Required Inclusion of Service.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E) For purposes of this section, in determining years of service and hours of service-- ``(i) service shall include all service for the employer as an employee under the common law, irrespective of whether the individual-- ``(I) is paid through a staffing firm, temporary help firm, payroll agency, employment agency, or other such similar arrangement, ``(II) is paid directly by the employer under an arrangement purporting to characterize an employee under the common law as other than an employee, or ``(III) is paid from an account not designated as a payroll account, and ``(ii) in any case in which an employer, plan sponsor, or fiduciary (including any administrator, officer, trustee, or custodian) changes the job classification of any person from employee to leased employee, agency employee, staffing firm employee, independent contractor, or any similar category, in determining years of service and hours of service, service shall include all service for the employer that the person performs subsequent to such reclassification.''. (b) Exclusion Precluded When Related to Certain Purported Categorizations.--Section 202 of such Act (29 U.S.C. 1052) is amended further by adding at the end the following new subsection: ``(c)(1) Subject to paragraph (2), a pension plan shall be treated as failing to meet the requirements of this section if the plan excludes from participation any person who performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan, irrespective of the placement of such person in any category of workers (such as temporary employees, part-time employees, leased employees, agency employees, staffing firm employees, independent contractors, or any similar category) which may be specified under the plan as ineligible for participation. ``(2) Nothing in paragraph (1) shall be construed to preclude the exclusion from participation in a pension plan of individuals who in fact do not meet a minimum service period or minimum age which is required under the terms of the plan and which is otherwise in conformity with the requirements of this section.''. SEC. 4. OBJECTIVE ELIGIBILITY CRITERIA IN PLAN INSTRUMENTS. Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended by adding at the end the following new subsection: ``(d)(1) The written instrument pursuant to which an employee benefit plan is maintained shall set forth eligibility criteria which-- ``(A) include and exclude employees on a uniform basis; ``(B) are based on reasonable job classifications other than the mere labeling of a job position as something other than an employee; and ``(C) are based on objective criteria stated in the instrument itself for the inclusion or exclusion (other than the mere listing of an employee as included or excluded). ``(2) No employee benefit plan may permit an employer or plan sponsor to exclude any person from participation irrespective of the placement of such employee in any category of workers (such as temporary employees, leased employees, agency employees, staffing firm employees, contractors, or any similar category), if the employee-- ``(A) is an employee of the employer under the common law; ``(B) performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan; and ``(C) meets a minimum service period or minimum age which is required under the terms of the plan. ``(3) In any case in which the employer of an individual who is a participant in an employee benefit plan, the plan sponsor of such plan, or a fiduciary of such plan requires such individual to convert to the status of a temporary employee, leased employee, agency employee, staffing firm employee, contractor, or any similar category as a condition of continuing in the service of the employer, such individual shall not cease to be treated under such plan or this title as a participant in such plan by reason of such conversion.''. SEC. 5. ENFORCEMENT. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended-- (1) in paragraphs (3)(B) and (5)(B) of subsection (a), by striking ``other appropriate equitable relief'' and inserting ``other appropriate relief, including such additional relief as a court of equity might have awarded in a case involving the enforcement or administration of a trust, other equitable relief, compensatory relief, or remedial relief''; (2) in subsection (a)(3)(B), by striking ``or'' at the end of clause (i) and inserting a comma, by striking the semicolon at the end of clause (ii) and inserting ``, or'', and by adding at the end the following: ``(iii) to provide restitution and other appropriate relief to employees who have been excluded from participation or have been misclassified or reclassified in violation of section 202 or 402''; (3) by striking ``or'' at the end of subsection (a)(8), by striking the period at the end of subsection (a)(9) and inserting ``; or'', and by adding at the end the following new paragraph: ``(10) by a participant or beneficiary to obtain a judicial declaration concerning whether a waiver of rights arising under this title or a plan, including a waiver of participation in a plan, was knowing and voluntary under the totality of the circumstances.''; (4) in subsection (g)(1), by inserting ``, reasonable expert fees,'' before ``and costs'' and by inserting before the period at the end the following: ``, except that the court shall award such fees and costs to a prevailing party in the case of an action brought to enforce section 510, unless the court determines that it would be unjust to do so under the circumstances''; and (5) by adding at the end of section 502 the following new subsection: ``(n) In an action under this section, if the court finds that any participant or beneficiary has been discharged, fined, suspended, expelled, disciplined, or discriminated against in violation of section 510, relief under this section may include enjoining such unlawful conduct and ordering such affirmative action as may be appropriate. Such action may include, but is not limited to, reinstatement or hiring and an award of back pay and lost benefits.''. SEC. 6. WAIVERS. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) (as amended by section 5) is amended further by adding at the end the following new subsection: ``(o)(1) The rights under this title (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement not authorized under this title with specific reference to this paragraph. ``(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply to an agreement providing for arbitration or participation in any other non-judicial procedure to resolve a dispute if the agreement is entered into knowingly and voluntarily by the parties involved after the dispute has arisen or is pursuant to the terms of a collective bargaining agreement. ``(B)(i) No waiver under subparagraph (A) of participation in an employee benefit plan may be considered knowing and voluntary if related, in whole or in part, to the misclassification or reclassification of an individual in one or more categories ineligible for participation in the plan. ``(ii) The party asserting the validity of a waiver under subparagraph (A) shall have the burden of proving that the waiver was knowing and voluntary. ``(iii) A waiver under subparagraph (A) shall not impose any limitation, including any condition precedent or penalty, adversely affecting the right of an individual to challenge the waiver by bringing a civil action in a court of competent jurisdiction. Any provision requiring an individual to tender back consideration received and any provision allowing employers, plan sponsors, and fiduciaries (including administrators, officers, trustees, and custodians) to recover attorney's fees or damages because of the filing of a civil action shall be treated as limitations referred to in the preceding sentence. Nothing in this clause shall be construed as precluding recovery of a reasonable attorney's fee or costs of action that may be authorized under subsection (g)(1). ``(iv) No individual who brings a civil action shall be required to tender back any consideration given in exchange for a waiver under subparagraph (A) before bringing such civil action. The retention of any consideration received in exchange for any waiver shall not constitute ratification of a waiver under subparagraph (A) or foreclose a challenge thereto. ``(v) No waiver otherwise permitted under subparagraph (A) may affect the Secretary's rights and responsibilities to enforce this title. No waiver may be used to justify interfering with the protected right of any person to participate in an investigation or proceeding conducted by the Secretary.''. SEC. 7. GENERAL PROVISIONS. (a) In General.--Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2004. (b) Special Rule For Collectively Bargained Plans.--In the case of a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 2004'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 2005; or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act); or (2) January 1, 2006. (c) Plan Amendments.--If any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2005, if-- (1) during the period after such amendment made by this Act takes effect and before such first plan year, the plan is operated in good faith compliance with the requirements of such amendment made by this Act; and (2) such plan amendment applies retroactively to the period after such amendment made by this Act takes effect and before such first plan year.

Employee Benefits Protection Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit employers from disqualifying employees from benefits under their pension and welfare plans by misclassifying or reclassifying employee status.

{"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974 to ensure that employees are not improperly disqualified from benefits under pension plans and welfare plans based on the misclassification or reclassification of their status."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Academic Facilities and Environments for Tribal Youth Act'' or the ``SAFETY Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of the Interior. (2) Indian.--The term ``Indian'' means a member of an Indian tribe. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Construction of replacement tribal school.--The term ``construction of a replacement tribal school'' includes the construction or renovation of-- (A) 1 or more facilities of that school; or (B) the entire campus of that school. (2) Demonstration program.--The term ``demonstration program'' means the Tribal School Construction Demonstration Program carried out under subsection (b). (3) Eligible indian tribe.--The term ``eligible Indian tribe'' means an Indian tribe that submits an application that is approved by the Secretary under subsection (b)(4). (4) Tribal school.--The term ``tribal school'' means-- (A) a school operated by the Bureau of Indian Affairs; (B) a school operated pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (C) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)). (b) Demonstration Program.-- (1) In general.--The Secretary shall carry out a demonstration program to be known as the ``Tribal School Construction Demonstration Program'' for fiscal years 2017 through 2021, to provide grants to eligible Indian tribes for the construction of replacement tribal schools. (2) Purposes.--The purposes of the demonstration program shall be-- (A) to provide additional Indian tribes fair opportunities to construct replacement tribal schools; (B) to accelerate construction of needed educational facilities in Indian country; and (C) to permit additional funds to be provided for the priority list of the Department for construction of replacement tribal schools. (3) Grant recipients.-- (A) In general.--In carrying out the demonstration program, subject to the availability of appropriations, the Secretary shall award a grant to each eligible Indian tribe. (B) Priority.--The Secretary shall ensure that an eligible Indian tribe currently on the priority list of the Department for construction of replacement tribal schools receives the highest priority for a grant under this section. (4) Grant applications.--An application for a grant under the section shall-- (A) include a proposal for the construction of a replacement tribal school of the Indian tribe that submits the application; and (B) be in such form as the Secretary determines appropriate. (5) Grant agreement.--As a condition of receiving a grant under this section, the eligible Indian tribe shall enter into an agreement with the Secretary that specifies-- (A) the costs of construction under the grant; (B) that the Indian tribe shall be required to contribute towards the cost of the construction a tribal share equal to at least 25 percent of the cost; and (C) any other term or condition that the Secretary determines to be appropriate. (c) Effect of Grant.--A grant received under this section-- (1) shall be in addition to any other funds received by an Indian tribe under any other provision of law; and (2) shall not affect the eligibility of an Indian tribe receiving funding, or the amount of funding received by the Indian tribe, under-- (A) the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); or (B) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (d) Report.--At the conclusion of the demonstration program, the Secretary shall submit to Congress a report on whether the demonstration program has achieved the purposes of the demonstration program, as described in subsection (b)(2). SEC. 4. FUNDING FOR TRIBAL COLLEGES CONSTRUCTION. Section 113 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1813) is amended to read as follows: ``SEC. 113. CONSTRUCTION OF NEW FACILITIES. ``(a) Definitions.--In this section: ``(1) Construction.--The term `construction' includes any effort to address the facility construction, maintenance, renovation, reconstruction, and replacement needs of a Tribal College or University. ``(2) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(b) Grants.--With respect to any eligible Tribal College or University that identifies a need for construction, the Secretary shall, subject to the availability of appropriations, provide grants for the construction in accordance with this section. ``(c) Application.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Eligible Activities.--Activities eligible for a grant under this section shall be activities that address a wide variety of facilities and infrastructure needs, including-- ``(1) building of new facilities, including-- ``(A) classrooms; ``(B) administrative offices; ``(C) libraries; ``(D) health and cultural centers; ``(E) day care centers; ``(F) technology centers; and ``(G) other education-related facilities; ``(2) renovating or expanding existing or acquired facilities; ``(3) providing existing facilities with equipment, including-- ``(A) laboratory equipment; ``(B) computer infrastructure and equipment; ``(C) library books; and ``(D) furniture; and ``(4) property acquisition. ``(e) No Matching Requirement.--A recipient of a grant under this section shall not be required to make a matching contribution for Federal amounts received. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2017 through 2021.''. SEC. 5. HOUSING ASSISTANCE FOR EDUCATORS IN SCHOOLS WITH INDIAN STUDENTS. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following: ``SEC. 545. HOUSING ASSISTANCE FOR EDUCATORS IN SCHOOLS WITH INDIAN STUDENTS. ``(a) Definitions.--In this section-- ``(1) the term `covered educator' means an individual who is employed full-time as a teacher, principal, administrator, or other licensed professional educator by a covered school; ``(2) the term `covered school' means-- ``(A) a school operated by the Bureau of Indian Affairs; ``(B) a school operated pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); ``(C) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and ``(D) a public elementary school or secondary school in which not less than 25 percent of the students are Indian students; ``(3) the terms `elementary school' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965; and ``(4) the term `eligible applicant' means-- ``(A) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); ``(B) an Indian organization (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or ``(C) a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)). ``(b) Grant Program.--The Secretary may award grants to eligible applicants to construct, including by reconstructing, renovating, and repairing, and provide housing to covered educators in rural areas. ``(c) Application.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Non-Federal Share.--A recipient of a grant under this section shall not be required to obtain or provide a non-Federal share in order to receive assistance under this section. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2017 and each fiscal year thereafter.''. SEC. 6. BIE AND OMB PLAN. (a) In General.--The Bureau of Indian Education and the Office of Management and Budget shall jointly develop a 10-year plan to bring up to good condition, as determined by the facilities evaluation process of the Department of the Interior, in compliance with all applicable tribal requirements all of the following Bureau of Indian Education school facilities: (1) An elementary or secondary day or boarding school operated by the Bureau of Indian Education. (2) A school operated pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (3) A tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)). (4) A dormitory operated by the Bureau of Indian Education for students attending a school other than a school specified in paragraphs (1) through (3). (b) Inclusions.--The plan developed under subsection (a) shall include-- (1) proposed budget requests and timelines; and (2) additional factors such as increasing enrollment capacities. (c) Effect.--For the purpose of developing the plan under subsection (a) only, section 1125(a)(5) of the Education Amendments of 1978 (25 U.S.C. 2005(a)(5)) shall not apply. (d) Report.--As soon as practicable after completion of the plan developed under subsection (a), the Secretary shall submit a report describing the plan to-- (1) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate; (2) the Committee on Indian Affairs of the Senate; (3) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (4) the Committee on Natural Resources of the House of Representatives. SEC. 7. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a comprehensive report describing the implementation of section 8007 of the Elementary and Secondary Education Act of 1965 (as in effect on December 9, 2015), for fiscal years preceding fiscal year 2017, and section 7007 of the Elementary and Secondary Education Act of 1965 (as in effect for fiscal year 2017), for fiscal year 2017 and subsequent fiscal years, that-- (1) evaluates the adequacy of the distribution of payments between subparagraphs (A) and (B) of subsection (a)(3) of those sections; (2) evaluates unmet need; and (3) determines the age, condition, and remaining utility of school facilities (as the term is defined in section 7013 of that Act (as in effect for fiscal year 2017)) for those local educational agencies enrolling students described in section 7003(a)(1)(C) of that Act (as so in effect) that are eligible to receive a basic support payment under-- (A) section 8003(b) of that Act (as in effect on December 9, 2015) for fiscal years preceding fiscal year 2017; and (B) section 7003(b) of that Act (as in effect for fiscal year 2017) for fiscal year 2017 and subsequent fiscal years.

Safe Academic Facilities and Environments for Tribal Youth Act or the SAFETY Act This bill directs the Department of the Interior to carry out a Tribal School Construction Demonstration Program to award grants to Indian tribes for the construction of replacement tribal schools. The program provides additional funding and opportunities for tribes to construct schools. Tribes on the Interior priority list for construction of tribal schools receive the highest priority for a grant under this program. This bill amends the Tribally Controlled Colleges and Universities Assistance Act of 1978 to revise the grant program for construction at tribal colleges and universities. The bill eliminates the requirements for Interior to identify the need for construction and tribal colleges and universities to provide matching funds. Restrictions on grant amounts and the use of constructed facilities are removed. This bill amends the Housing Act of 1949 to authorize the Department of Agriculture to award grants to Indian tribes, tribal organizations, and tribal housing entities for the construction or renovation of housing in rural areas for educators at Indian schools and schools where at least 25% of the students are Indian. The Bureau of Indian Education and the Office of Management and Budget must develop a 10-year plan to bring up to good condition certain Bureau of Indian Education school facilities. The Government Accountability Office must report on Impact Aid for construction provided to local education agencies impacted by military dependent children and children who reside on Indian lands.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Financial Freedom Act''. SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new flush sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4)(A) of the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Financial Freedom Act had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending after December 31, 2000. SEC. 4. GRADUAL INCREASE IN AGE FOR REQUIRED MINIMUM DISTRIBUTIONS FROM PENSION PLANS. (a) In General.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 (defining required beginning date) is amended-- (1) by striking ``age 70\1/2\'' and inserting ``the applicable age'', and (2) by adding at the end the following new clause: ``(v) Applicable age.--For purposes of this subparagraph, the applicable age shall be determined in accordance with the following table: Applicable ``Calendar year: Age: 2000.......................................... 71 2001.......................................... 72 2002.......................................... 73 2003.......................................... 74 2004.......................................... 75 2005.......................................... 76 2006.......................................... 77 2007.......................................... 78 2008.......................................... 79 2009.......................................... 80 2010.......................................... 81 2011.......................................... 82 2012.......................................... 83 2013.......................................... 84 2014 and thereafter........................... 85.'' (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 1999.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits. Amends the IRC to provide for a graduated increase in age from calendar year 2000 to 2014 and thereafter for required distributions from qualified trusts.

{"src": "billsum_train", "title": "Senior Citizens' Financial Freedom Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Infrastructure Investment Act''. SEC. 2. RURAL TELECOMMUNICATIONS DEVELOPMENT. (a) In General.--Title II of the Rural Electrification Act of 1936 (7 U.S.C. 922 et seq.) is amended by adding at the end the following new section: ``SEC. 208. REGIONAL TELECOMMUNICATIONS DEVELOPMENT. ``In addition to any preference given under section 201 with respect to a telephone loan made under this Act, the Secretary may give preference to an application for such a loan for a project that, as determined by the Secretary, supports the development of telecommunications services on a multijurisdictional basis. In evaluating such an application, the Secretary shall consider whether-- ``(1) the project that is the subject of the application was developed through the collaboration and participation of multiple stakeholders in the service area of the project, including State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities; ``(2) the applicant has an understanding of the applicable regional resources that could support the project, including natural resources, human resources, infrastructure, and financial resources; and ``(3) the project has clear objectives and includes a means to establish measurable performance measures and to track progress toward meeting such objectives.''. (b) Exemption From State Agency Requirement.--Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended in the last sentence by inserting ``or the application involved is an application described in section 208'' before the period at the end. (c) Definition of Rural Area.--Section 203(b) of the Rural Electrification Act of 1936 (7 U.S.C. 924(b)) is amended by striking ``5,000'' and inserting ``20,000''. SEC. 3. RURAL BROADBAND DEVELOPMENT. (a) Award of Grants.--Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (a), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; (2) in subsection (c)-- (A) in the subsection heading, by striking ``and Loan Guarantees'' and inserting ``Loan Guarantees, and Grants''; (B) in paragraph (1), by inserting ``, and may make grants,'' after ``loans''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``loans or loan guarantees'' and inserting ``loans, loan guarantees, or grants''; (ii) in subparagraph (A)-- (I) by striking ``loan and loan guarantee'' and inserting ``loan, loan guarantee, and grant''; and (II) by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; and (iii) in subparagraph (C), by striking ``loans or loan guarantees'' and inserting ``loans, loan guarantees, or grants''; (3) in subsection (d)-- (A) in paragraph (1)(A)-- (i) in the matter preceding clause (i), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (ii) in clause (ii), by striking ``loan'' and inserting ``loan or grant''; and (iii) in clause (iii)-- (I) by striking ``loan'' and inserting ``loan or grant''; and (II) by striking ``loan made or guaranteed'' and inserting ``loan or grant made or loan guaranteed''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i)-- (I) by inserting ``or the funds received through a grant made'' after ``guaranteed''; and (II) by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; and (ii) in subparagraph (B), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (C) in paragraph (3)(A), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (D) in paragraph (4), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (E) in paragraph (5)(A), in the matter preceding clause (i), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (F) in paragraph (6)-- (i) by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; and (ii) by striking ``loan involved'' and inserting ``loan or grant involved''; and (G) in paragraph (7), by striking ``loan'' and inserting ``loan or grant''; (4) in subsection (f), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (5) in subsection (j)-- (A) in the matter preceding paragraph (1), by striking ``loan and loan guarantee'' and inserting ``loan, loan guarantee, and grant''; (B) in paragraph (1)-- (i) by striking ``loans'' and inserting ``loans or grants''; and (ii) by striking ``loan'' and inserting ``loan or grant''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``loan'' and inserting ``loan or grant''; (ii) in subparagraph (B), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; and (iii) in subparagraph (C), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; and (D) in paragraph (3), by striking ``loan'' and inserting ``loan or grant''; (6) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; (7) by inserting after subsection (j) the following new subsection: ``(k) Matching Funds Requirement.--The recipient of a grant under this section shall provide funds, in-kind contributions, or a combination of both, from sources other than funds provided through such grant in an amount that is at least equal to 10 percent of the amount of such grant.''; (8) in subsection (l) (as so redesignated)-- (A) in paragraph (1), by striking ``section'' and all that follows through ``expended.'' and inserting the following: ``section-- ``(A) $25,000,000 for each of fiscal years 2008 through 2015, to remain available until expended; and ``(B) $50,000,000 for each of fiscal years 2016 through 2020, to remain available until expended.''; and (B) in paragraph (2)(A), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants'' each place it appears in clauses (i) and (ii); and (9) in subsection (m) (as so redesignated)-- (A) by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; and (B) by striking ``2018'' and inserting ``2020''. (b) Priority for Support for Development of Broadband Service.-- Paragraph (2) of section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by subsection (a), is further amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) give priority to applicants that offer in the applications of the applicants to provide support for mutijurisdictional projects for the development of broadband service in rural areas that are developed through the collaboration and participation of multiple stakeholders in the service area of such a project, including State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities.''.

Rural Broadband Infrastructure Investment Act This bill amends the Rural Electrification Act of 1936 to authorize the Department of Agriculture (USDA) to provide additional loans and grants for the development of telecommunications and broadband services in rural areas. USDA may give preference to loan applications for projects that support the development of telecommunications services in rural areas on a multijurisdictional basis. In evaluating applications, USDA must consider whether: the project was developed through the collaboration and participation of multiple stakeholders in the service area; the applicant understands the regional resources that could support the project, including natural resources, human resources, infrastructure, and financial resources; and the project has clear objectives and a means to establish performance measures. For the purpose of loans, loan guarantees, and grants, a rural area is any area of the United States not included within the boundaries of any incorporated or unincorporated city, village, or borough having a population in excess of 20,000 inhabitants. USDA may provide grants, in addition to loans and loan guarantees permitted under current law, for the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas. In providing loans, loan guarantees, and grants, USDA may give priority to multijurisdictional projects for the development of broadband service in rural areas that are developed through the collaboration and participation of multiple stakeholders in the service area.

{"src": "billsum_train", "title": "Rural Broadband Infrastructure Investment Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Homeownership Opportunities Act''. SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND FANNIE MAE. (a) Freddie Mac.-- (1) Conforming loan limit increase.--Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended-- (A) by inserting ``(A)'' after ``(2)''; (B) in the first sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively; (C) in the second sentence, by striking ``clause (A)'' and inserting ``clause (i)''; (D) in the sixth sentence by striking ``January 1 of each year beginning after the effective date of the Federal Housing Finance Regulatory Reform Act of 2008'' and inserting ``January 1, 2010, and January 1 of each year thereafter''; and (E) in the last sentence-- (i) by striking ``115 percent'' each place it appears and inserting ``125 percent''; and (ii) by striking ``150 percent'' and inserting ``175 percent''. (2) Discretionary authority.--Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs: ``(B) Notwithstanding subparagraph (A) and subject to subparagraph (C), the Director of the Federal Housing Finance Agency may-- ``(i) increase the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation that is otherwise in effect pursuant to the sixth sentence of subparagraph (A) with respect to any particular size or sizes of residences located in any particular area or areas by not more than $100,000; or ``(ii) increase, for any geographic area that is smaller than an area for which a dollar amount limitation on the principal obligation of a mortgage is established pursuant to this paragraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph. ``(C) The Director of the Federal Housing Finance Agency may increase the limitation on the maximum original principal obligation of a mortgage for any area or sub-area pursuant to subparagraph (B) only if the Director makes a determination that-- ``(i) such increase is warranted by higher median home prices in such area or sub-area; and ``(ii) such increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of such increased limit. ``(D) Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.''. (b) Fannie Mae.-- (1) Conforming loan limit increase.--Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended-- (A) by inserting ``(A)'' after ``(2)''; (B) in the second sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively; (C) in the third sentence, by striking ``clause (A)'' and inserting ``clause (i)''; (D) in the seventh sentence by striking ``January 1 of each year beginning after the effective date of the Federal Housing Finance Regulatory Reform Act of 2008'' and inserting ``January 1, 2010, and January 1 of each year thereafter''; and (E) in the last sentence-- (i) by striking ``115 percent'' each place it appears and inserting ``125 percent''; and (ii) by striking ``150 percent'' and inserting ``175 percent''. (2) Discretionary authority.--Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs: ``(B) Notwithstanding subparagraph (A) and subject to subparagraph (C), the Director of the Federal Housing Finance Agency may-- ``(i) increase the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation that is otherwise in effect pursuant to the seventh sentence of subparagraph (A) with respect to any particular size or sizes of residences located in any particular area or areas by not more than $100,000; or ``(ii) increase, for any geographic area that is smaller than an area for which a dollar amount limitation on the principal obligation of a mortgage is established pursuant to this paragraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph. ``(C) The Director of the Federal Housing Finance Agency may increase the limitation on the maximum original principal obligation of a mortgage for any area or sub-area pursuant to subparagraph (B) only if the Director makes a determination that-- ``(i) such increase is warranted by higher median home prices in such area or sub-area; and ``(ii) such increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of such increased limit. ``(D) Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.''. SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA. (a) Loan Limit Increase.--Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended-- (1) in clause (i) by striking ``115 percent'' and inserting ``125 percent''; and (2) in clause (ii) by striking ``150 percent'' and inserting ``175 percent''. (b) Discretionary Authority.--Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A) is amended by inserting after ``; and'' at the end the following: ``except that, if the Secretary determines an increase is warranted by higher median home prices in an area or sub-area and such an increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of an increased limit, the Secretary may increase the maximum dollar amount limitation that is otherwise in effect pursuant to the preceding provisions of this subparagraph with respect to any particular size or sizes of residences, or with respect to residences located in any particular area or areas, by not more than $100,000, or increase, for any geographic area that is smaller than an area for which a dollar amount limitation is determined pursuant to the preceding provisions of this subparagraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph; and except that notwithstanding the calculation of the maximum dollar amount limitation for any area pursuant to clause (i) of this subparagraph, if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum dollar amount limitation for any size residence in any such area, the Secretary, considering such factors as market dislocations caused by a decrease in such dollar amount limitation, the extent of the median home price decline, and the causes for such reduction in median home price, may prevent or limit a decrease in such dollar amount limitation from taking place for any such area; and''. SEC. 4. EXISTING LOAN LIMITS. This Act may not be construed to affect the loan limits for the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association in effect under section 1203 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or the FHA mortgage amount limitations in effect under section 1202 of such Act. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect January 1, 2010.

Increasing Homeownership Opportunities Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac). Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size. Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to increase existing mortgage purchase limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes. Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD). Gives the Secretary discretion to increase mortgage insurance limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes.

{"src": "billsum_train", "title": "To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buffalo Bayou National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Buffalo Bayou National Heritage Area, established in this Act. (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by this Act. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under this Act. (4) Map.--The term ``map'' means the map entitled ``Buffalo Bayou National Heritage Area Proposed Boundary'', numbered T11/ 101,592, and dated March 2010. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Buffalo Bayou National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of areas included in the map in Harris County, Texas. (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.--The management entity for the Heritage Area shall be the Buffalo Bayou National Heritage Area Corporation. 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; and (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 4(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 actions to facilitate ongoing collaboration among partners to-- (i) 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 makes 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 PROTECTION. 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. WATER RIGHTS. (a) Statement of Policy.--Nothing in this Act is meant to modify the Rio Grande Natural Area Act. (b) Applicability.--Nothing in this Act-- (1) amends, modifies, or is in conflict with the Act of May 31, 1939 (53 Stat. 785, chapter 155); (2) authorizes the regulation of private land in the Heritage Area; (3) authorizes the imposition of any mandatory streamflow requirements; (4) creates an express or implied Federal reserved water right; (5) imposes any Federal water quality standard within or upstream of the Heritage Area that is more restrictive than would be applicable had the Heritage Area not been established; or (6) prevents the State of Texas from acquiring an instream flow through the Heritage Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law. SEC. 9. 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. 10. 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. 11. 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 that funds are first made available to carry out this Act.

Buffalo Bayou National Heritage Area Act - Establishes the Buffalo Bayou National Heritage Area in Texas. Designates the Buffalo Bayou National Heritage Area Corporation as the management entity for the Heritage Area. Requires the Corporation to submit a management plan for the Heritage Area. Requires the federal cost share of any activity carried out using assistance under this Act to be half of that activity's cost. Sets forth requirements for the approval or disapproval of the management plan by the Secretary of the Interior. Specifies this Act's effect on private property protections and water rights with regard to the Heritage Area. Bars anything in this Act from being meant as modifying the Rio Grande Natural Area Act.

{"src": "billsum_train", "title": "A bill to establish the Buffalo Bayou National Heritage Area in the State of Texas, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stealth Lobbyist Disclosure Act of 2002''. SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS. (a) In General.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations) is amended by adding at the end the following new subsection: ``(k) Disclosure of Certain Lobbying Activities.-- ``(1) In general.--In the case of a coalition or association that is identified as a client on any registration filed under section 4 of the Lobbying Disclosure Act of 1995 and that is not a political organization (determined without regard to this paragraph)-- ``(A) such coalition or association shall be treated for purposes of this title as a separate entity which is a political organization, and ``(B) this section shall be applied to such coalition or association with the following modifications: ``(i) The function of conducting lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995) shall be treated as its exempt function. ``(ii) The specific deduction under subsection (c)(2)(A) shall not be allowed. ``(iii) Subparagraphs (C) and (D) of subsection (c)(3) shall not apply. ``(iv) The disclosure requirements of paragraph (2) shall apply in lieu of the requirements of subsections (i) and (j). For purposes of subparagraph (B)(i), lobbying activities shall not include any activity described in subparagraph (C), (D), or (E) of section 4911(d)(2). ``(2) Disclosure requirements.-- ``(A) Establishment.--A coalition or association which is treated under paragraph (1) as a political organization shall notify the Secretary, electronically and in writing, of its existence. Such notice shall be transmitted not later than 72 hours after a lobbyist first makes a lobbying contact (or, if earlier, is employed or retained to make a lobbying contact) on behalf of such coalition or association. For purposes of the preceding sentence, the terms `lobbyist' and `lobbying contact' have the respective meanings given to such terms by section 3 of the Lobbying Disclosure Act of 1995. ``(B) Change in membership.--A coalition or association which is required to provide a notice to the Secretary under paragraph (1) shall also notify the Secretary, electronically and in writing, of any change in its membership since its prior required notice under this paragraph. Such notice shall be transmitted not later than 72 hours after the date of the membership change. ``(3) Contents of notice.-- ``(A) Initial notice.--Each notice required under paragraph (2)(A) shall include information regarding-- ``(i) the name, address, business telephone number, and principal place of business of each of the members of the coalition or association, ``(ii) a general description of the business or activities of each of such members, and ``(iii) the amount reasonably expected to be contributed by each of such members toward the activities of the coalition or association of influencing legislation. ``(B) Notice of membership change.--Each notice required under paragraph (2)(B) shall include-- ``(i) if the notice relates to a new member of the coalition or association, the information described in subparagraph (A) with respect to such new member, and ``(ii) if the notice relates to the cessation of a person's membership, the name of such person. ``(4) Effect of failure.-- ``(A) In general.--In the case of-- ``(i) a failure to give the notice required under paragraph (2) at the time and in the manner prescribed therefor, or ``(ii) a failure to include any of the information required to be included in such notice or to show the correct information, there shall be paid by the coalition or association an amount equal to the rate of tax specified in subsection (b)(1) multiplied by the amount involved. ``(B) Amount involved.--For purposes of subparagraph (A), the amount involved with respect to any failure is-- ``(i) in the case of a failure to file the notice under paragraph (2)(A) at the time and in the manner prescribed therefor, the amount which is reasonably expected to be paid by the coalition or association or its members to the person filing the registration statement, and ``(ii) in the case of a failure to include any of the information required to be included in such notice, or to show the correct information, with respect to any member, the amount reasonably expected to be contributed by such member toward the activities of the coalition or association of influencing legislation. ``(C) Joint and several liability.--All members of the coalition or association shall be jointly and severally liable under this paragraph for any failure. ``(D) Procedures for assessment and collection of penalty.--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). ``(5) Exception for certain tax-exempt associations.--This subsection shall not apply to any association-- ``(A) which is described in section 501(c)(3) and exempt from tax under section 501(a), or ``(B)(i) which is described in any other paragraph of section 501(c) and exempt from tax under section 501(a), and ``(ii) which has substantial exempt activities other than lobbying with respect to the specific issue for which it engaged the person filing the registration statement under section 4 of the Lobbying Disclosure Act of 1995. The preceding sentence shall not apply to any association formed or availed of to avoid the purposes of this subsection. ``(6) Exception from disclosure for certain members.-- ``(A) In general.--Information on a member of a coalition or association need not be included in any notice under paragraph (3) if the amount referred to in paragraph (3)(A)(iii) with respect to such member is less than $2,000 per year. ``(B) Expenditures in excess of expected amount.-- If-- ``(i) information on a member of a coalition or association is not included in any notice by reason of subparagraph (A), and ``(ii) the amount contributed by such member toward the activities of the coalition or association of influencing legislation exceeds $2,200 per year, such member shall be treated for purposes of this subsection as a new member of such coalition or association as of the earliest date that clause (ii) is met. ``(7) Look-thru rules.--In the case of a coalition or association which is treated as a political organization under paragraph (1)-- ``(A) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a political organization under paragraph (1), and ``(B) information on such coalition or association need not be included in any notice under paragraph (2) of the coalition or association with respect to which it is treated as a political organization under paragraph (1).''. (b) Public Disclosure of Notices.--Subsection (a) of section 6104 of such Code is amended by adding at the end the following new paragraph: ``(4) Information available on internet and in person.-- ``(A) In general.--The Secretary shall make publicly available, on the Internet and at the offices of the Internal Revenue Service-- ``(i) a list of all political organizations which file a notice with the Secretary under section 527(k), and ``(ii) the information provided in such notice. ``(B) Time to make information available.--The Secretary shall make available the information required under subparagraph (A) not later than 5 business days after the Secretary receives a notice from a political organization under section 527(k).''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to-- (A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 after the date of the enactment of this Act, and (B) coalitions and associations for whom any lobbying contact is made after the date of the enactment of this Act. (2) Special rule.--In the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the time to file the notice under section 527(k)(2) of the Internal Revenue Code of 1986, as added by this section, shall be 30 days after the date of the enactment of this section.

Stealth Lobbyist Disclosure Act of 2002 - Amends the Internal Revenue Code to treat certain associations or coalitions as political organizations and thus require disclosure of their lobbying activities. Sets forth disclosure requirements, including notice requirements. Exempts certain tax-exempt organizations from such provisions.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require disclosure of lobbying activities by certain organizations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonuses for Cost-Cutters Act of 2017''. SEC. 2. COST SAVINGS ENHANCEMENTS. (a) In General.-- (1) Definitions.--Section 4511 of title 5, United States Code, is amended-- (A) in the section heading, by striking ``Definition'' and inserting ``Definitions''; and (B) in subsection (a)-- (i) by striking ``this subchapter, the term'' and inserting the following: ``this subchapter-- ``(1) the term''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(2) the term `surplus salaries and expenses funds' means amounts made available for the salaries and expenses account, or equivalent account, of an agency-- ``(A) that are identified by an employee of the agency under section 4512(a) as unnecessary; ``(B) that the Inspector General of the agency or other agency employee designated under section 4512(b) determines are not required for the purpose for which the amounts were made available; ``(C) that the Chief Financial Officer of the agency determines are not required for the purpose for which the amounts were made available; and ``(D) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available.''. (2) Authority.--Section 4512 of title 5, United States Code, is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by inserting ``or identification of surplus salaries and expenses funds'' after ``mismanagement''; (ii) in paragraph (2), by inserting ``or identification'' after ``disclosure''; and (iii) in the matter following paragraph (2), by inserting ``or identification'' after ``disclosure''; and (B) by adding at the end the following: ``(c)(1) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus salaries and expenses funds identified by an employee that the Inspector General or other agency employee determines meets the requirements under subparagraphs (B) and (D) of section 4511(a)(2), along with any recommendations of the Inspector General or other agency employee. ``(2)(A) If the Chief Financial Officer of the agency determines that potential surplus salaries and expenses funds referred under paragraph (1) meet the requirements under section 4511(a)(2), except as provided in subsection (d), the head of the agency shall transfer the amount of the surplus salaries and expenses funds from the applicable appropriations account to the general fund of the Treasury. ``(B) Any amounts transferred under subparagraph (A) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ``(3) The Inspector General or other agency employee designated under subsection (b) for each agency and the Chief Financial Officer for each agency shall issue standards and definitions for purposes of making determinations relating to potential surplus salaries and expenses funds identified by an employee under this subsection. ``(d)(1) The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (c)(2). ``(2) Amounts retained by the head of an agency under paragraph (1) may be-- ``(A) used for the purpose of paying a cash award under subsection (a) to one or more employees who identified the surplus salaries and expenses funds; and ``(B) to the extent amounts remain after paying cash awards under subsection (a), transferred or reprogrammed for use by the agency, in accordance with any limitation on such a transfer or reprogramming under any other provision of law. ``(e)(1) Not later than October 1 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report identifying the total savings achieved during the previous fiscal year through disclosures of possible fraud, waste, or mismanagement and identifications of surplus salaries and expenses funds by an employee. ``(2) Not later than September 30 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report that, for the previous fiscal year-- ``(A) describes each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus salaries and expenses funds by an employee of the agency determined by the agency to have merit; and ``(B) provides the number and amount of cash awards by the agency under subsection (a). ``(3) The head of each agency shall include the information described in paragraphs (1) and (2) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. ``(4) The Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under paragraphs (1) and (2). ``(f) The Director of the Office of Personnel Management shall-- ``(1) ensure that the cash award program of each agency complies with this section; and ``(2) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. ``(g) Not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.''. (3) Technical and conforming amendment.--The table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: ``4511. Definitions and general provisions.''. (4) Sunset.--Effective 6 years after the date of enactment of this Act-- (A) section 4511 of title 5, United States Code, is amended-- (i) in the section heading, by striking ``Definitions'' and inserting ``Definition''; and (ii) in subsection (a)-- (I) in paragraph (1), by striking ``; and'' and inserting a period; (II) by striking ``this subchapter--'' and all that follows through ``the term `agency' means'' and inserting ``this subchapter, the term `agency' means''; and (III) by striking paragraph (2); (B) section 4512 of title 5, United States Code, is amended-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1), by striking ``or identification of surplus salaries and expenses funds''; (II) in paragraph (2), by striking ``or identification''; and (III) in the matter following paragraph (2), by striking ``or identification''; and (ii) by striking subsections (c) through (g); and (C) the table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: ``4511. Definition and general provisions.''. (b) Officers Eligible for Cash Awards.-- (1) In general.--Section 4509 of title 5, United States Code, is amended to read as follows: ``Sec. 4509. Prohibition of cash award to certain officers ``(a) Definitions.--In this section, the term `agency'-- ``(1) has the meaning given that term under section 551(1); and ``(2) includes an entity described in section 4501(1). ``(b) Prohibition.--An officer may not receive a cash award under this subchapter if the officer-- ``(1) serves in a position at level I of the Executive Schedule; ``(2) is the head of an agency; or ``(3) is a commissioner, board member, or other voting member of an independent establishment.''. (2) Technical and conforming amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: ``4509. Prohibition of cash award to certain officers.''.

Bonuses for Cost-Cutters Act of 2017 This bill temporarily expands the awards program for cost-saving identifications by federal employees of fraud, waste, or mismanagement to include identifications of surplus salaries-and-expenses funds. Savings resulting from such identifications shall generally be used for deficit reduction, but agencies may retain up to 10% of such savings for the purpose of paying cash awards to employees for making the identifications.

{"src": "billsum_train", "title": "Bonuses for Cost-Cutters Act of 2017"}

50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. ``(2) Exclusion.-- ``(A) In general.--This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(B) Amortization of amounts not allowable as deductions under subparagraph (a).--The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 5064. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 5065. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- ``(1) In general.--This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(2) Amortization of amounts not allowable as deductions under paragraph (1).--The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. TITLE VI--CONSERVATION REAUTHORIZATION SEC. 6001. NATIONAL PARK SERVICE CENTENNIAL FUND. (a) In General.--Chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 104908. National Park Service Centennial Fund ``(a) In General.--There is established in the Treasury a fund, to be known as the `National Park Service Centennial Fund' (referred to in this section as the `Fund'). ``(b) Deposits to Fund.--Notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the Treasury, for each fiscal year, there shall be deposited in the Fund, from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), $150,000,000. ``(c) Availability.--Amounts deposited in the Fund shall be made available for expenditure, without further appropriation or fiscal year limitation, in accordance with this section. ``(d) Use of Fund.--The Secretary shall use amounts in the Fund for critical National Park System maintenance and infrastructure needs and other projects and programs that will better enable the National Park Service to protect park resources and provide improved visitor services. ``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not be used for land acquisition.''. (b) Clerical Amendment.--The table of sections for chapter 1049 of title 54, United States Code, is amended by inserting after the item relating to section 104907 the following: ``Sec. 104908. National Park Service Centennial Fund.''. SEC. 6002. LAND AND WATER CONSERVATION FUND. (a) Permanent Authorization.--Section 200302 of title 54, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``During the period ending September 30, 2015, there'' and inserting ``There''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``through September 30, 2015''; and (3) by striking paragraph (3). (b) Full Funding.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Availability of funds ``(a) In General.--Amounts deposited in the Fund under section 200302 on or after the date of enactment of the American Energy Innovation Act shall be made available for expenditure, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund under the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235)). ``(b) Additional Amounts.--Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from the Fund. ``(c) Allocation Authority.-- ``(1) Submission of cost estimates.--The President shall submit to Congress detailed account, program, and project allocations to be funded under subsection (a) as part of the annual budget submission of the President. ``(2) Alternate allocation.-- ``(A) In general.--Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account and program. ``(B) Allocation by president.-- ``(i) No alternate allocations.--If Congress has not enacted legislation establishing alternate allocations by the date that is 120 days after the date on which the applicable fiscal year begins, amounts made available under subsection (a) shall be allocated by the President. ``(ii) Insufficient alternate allocation.-- If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. ``(3) Annual report.--The President shall submit to Congress an annual report that describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures.''. (c) Clerical Amendment.--The table of sections for title 54 is amended by striking the item relating to section 200303 and inserting the following: ``Sec. 200303. Availability of funds.''. (d) Public Access.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Public Access.--Not less than 1.5 percent of the annual authorized funding amount shall be made available each year for projects that secure recreational public access to existing Federal public land for hunting, fishing, or other recreational purposes.''. SEC. 6003. HISTORIC PRESERVATION FUND. (a) Authorization.--Section 303102 of title 54, United States Code, is amended by striking ``of fiscal years 2012 to 2015'' and inserting ``fiscal year''. (b) Use and Availability.--Section 303103 of title 54, United States Code, is amended by striking the first sentence and inserting the following: ``Amounts deposited in the Historic Preservation Fund on or after the date of enactment of the American Energy Innovation Act shall only be used to carry out this division and shall be available for expenditure without further appropriation.''.

American Energy Innovation Act This bill encourages and establishes requirements concerning: energy efficiency in the electricity grid, the manufacturing sector, certain vehicles and trucks, buildings, homes, and the federal government; protection of the bulk-power system from cybersecurity threats; the security and resiliency of the energy network and applications, including electric, natural gas, and oil exploration, transmission, and delivery; the modernization of energy infrastructure at the federal and state level; the development or deployment of alternative energies; and water conservation measures. The bill establishes: (1) a nonbinding goal to reduce greenhouse gas emissions 2% per year on average through 2025, and (2) a federal energy efficiency resource standard for retail electricity and natural gas suppliers. The bill repeals royalty relief for leases in the Outer Continental Shelf with respect to the production of oil or gas from deep water production or ultra deep wells in shallow waters. The Department of Interior must: (1) prevent venting and flaring of gases in oil and natural gas production operations on federal land, and (2) promote the capture of beneficial use or reinjection of gas in those operations. Interior must establish an annual production incentive fee with respect to public land that is subject to a lease for production of oil or natural gas under which production is not occurring. The bill reauthorizes through FY2020 the Department of Energy's: (1) Weatherization Assistance Program, (2) State Energy Program, (3) basic research, and (4) the Advanced Research Projects Agency-Energy. The bill also revises and reauthorizes the Water Desalination Act of 1996. The bill amends the Internal Revenue Code to: (1) provide tax incentives for producing clean energy and for reducing energy use in homes or commercial buildings, (2) extend through 2017 energy-related tax credits, (3) subject oil derived from tar sands to an excise tax, and (4) repeal certain oil and gas tax subsidies for major integrated oil companies. The bill: (1) establishes the National Park Service Centennial Fund, and (2) permanently reauthorizes the Land and Water Conservation Fund and the Historic Preservation Fund.

{"src": "billsum_train", "title": "American Energy Innovation Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Chemical Diversion Control Act of 1993''. SEC. 2. DEFINITION AMENDMENTS. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (33), by striking ``any listed precursor chemical or listed essential chemical'' and inserting ``any list I chemical or any list II chemical''; (2) in paragraph (34)-- (A) by striking ``listed precursor chemical'' and inserting ``list I chemical''; and (B) by striking ``critical to the creation'' and inserting ``important to the manufacture''; (3) in paragraph (34)(A), (F), and (H), by inserting ``, its esters,'' before ``and''; (4) in paragraph (35)-- (A) by striking ``listed essential chemical'' and inserting ``list II chemical''; (B) by inserting ``(other than a list I chemical)'' before ``specified''; and (C) by striking ``as a solvent, reagent, or catalyst''; and (5) in paragraph (38), by inserting ``or who acts as a broker or trader for an international transaction involving a listed chemical, a tableting machine, or an encapsulating machine'' before the period; (6) in paragraph (39)(A)-- (A) by striking ``importation or exportation of'' and inserting ``importation, or exportation of, or an international transaction involving shipment of,''; (B) in clause (iii) by inserting ``or any category of transaction for a specific listed chemical or chemicals'' after ``transaction''; (C) by amending clause (iv) to read as follows: ``(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless-- ``(I)(aa) the drug contains ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine or its salts, optical isomers, or salts of optical isomers and therapeutically insignificant quantities of another active medicinal ingredient; or ``(bb) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and ``(II) the quantity of ephedrine or other listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General.''; and (D) in clause (v), by striking the semicolon and inserting ``which the Attorney General has by regulation designated as exempt from the application of this title and title II based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered;''; (7) in paragraph (40), by striking ``listed precursor chemical or a listed essential chemical'' each place it appears and inserting ``list I chemical or a list II chemical''; and (8) by adding at the end the following new paragraphs: ``(42) The term `international transaction' means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates. ``(43) The terms `broker' and `trader' mean a person that assists in arranging an international transaction in a listed chemical by-- ``(A) negotiating contracts; ``(B) serving as an agent or intermediary; or ``(C) bringing together a buyer and seller, a buyer and transporter, or a seller and transporter.''. (b) Removal of Exemption of Certain Drugs.-- (1) Procedure.--Part B of the Controlled Substances Act (21 U.S.C. 811 et seq.) is amended by adding at the end the following new section: ``removal of exemption of certain drugs ``Sec. 204. (a) Removal of Exemption.--The Attorney General shall by regulation remove from exemption under section 102(39)(A)(iv) a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance. ``(b) Factors To Be Considered.--In removing a drug or group of drugs from exemption under subsection (a), the Attorney General shall consider, with respect to a drug or group of drugs that is proposed to be removed from exemption-- ``(1) the scope, duration, and significance of the diversion; ``(2) whether the drug or group of drugs is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance; and ``(3) whether the listed chemical can be readily recovered from the drug or group of drugs. ``(c) Specificity of Designation.--The Attorney General shall limit the designation of a drug or a group of drugs removed from exemption under subsection (a) to the most particularly identifiable type of drug or group of drugs for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug or group of drugs. ``(d) Reinstatement of Exemption With Respect to Particular Drug Products.-- ``(1) Reinstatement.--On application by a manufacturer of a particular drug product that has been removed from exemption under subsection (a), the Attorney General shall by regulation reinstate the exemption with respect to that particular drug product if the Attorney General determines that the particular drug product is manufactured and distributed in a manner that prevents diversion. ``(2) Factors to be considered.--In deciding whether to reinstate the exemption with respect to a particular drug product under paragraph (1), the Attorney General shall consider-- ``(A) the package sizes and manner of packaging of the drug product; ``(B) the manner of distribution and advertising of the drug product; ``(C) evidence of diversion of the drug product; ``(D) any actions taken by the manufacturer to prevent diversion of the drug product; and ``(E) such other factors as are relevant to and consistent with the public health and safety, including the factors described in subsection (b) as applied to the drug product. ``(3) Status pending application for reinstatement.--A transaction involving a particular drug product that is the subject of a bona fide pending application for reinstatement of exemption filed with the Attorney General not later than 60 days after a regulation removing the exemption is issued pursuant to subsection (a) shall not be considered to be a regulated transaction if the transaction occurs during the pendency of the application and, if the Attorney General denies the application, during the period of 60 days following the date on which the Attorney General denies the application, unless-- ``(A) the Attorney General has evidence that, applying the factors described in subsection (b) to the drug product, the drug product is being diverted; and ``(B) the Attorney General so notifies the applicant. ``(4) Amendment and modification.--A regulation reinstating an exemption under paragraph (1) may be modified or revoked with respect to a particular drug product upon a finding that-- ``(A) applying the factors described in subsection (b) to the drug product, the drug product is being diverted; or ``(B) there is a significant change in the data that led to the issuance of the regulation.''. (2) Clerical amendment.--The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is amended by adding at the end of that portion relating to part B of title II the following new item: ``Sec. 204. Removal of exemption of certain drugs.''. (c) Regulation of Listed Chemicals.--Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended-- (1) in subsection (a)(1)-- (A) by striking ``precursor chemical'' and inserting ``list I chemical''; and (B) in subparagraph (B), by striking ``an essential chemical'' and inserting ``a list II chemical''; and (2) in subsection (c)(2)(D), by striking ``precursor chemical'' and inserting ``chemical control''. SEC. 3. REGISTRATION REQUIREMENTS. (a) Rules and Regulations.--Section 301 of the Controlled Substances Act (21 U.S.C. 821) is amended by striking the period and inserting ``and to the registration and control of regulated persons and of regulated transactions.''. (b) Persons Required To Register Under Section 302.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended-- (1) in subsection (a)(1), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; (2) in subsection (b)-- (A) by inserting ``or list I chemicals'' after ``controlled substances''; and (B) by inserting ``or chemicals'' after ``such substances''; (3) in subsection (c), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; and (4) in subsection (e), by inserting ``or list I chemicals'' after ``controlled substances''. (c) Registration Requirements Under Section 303.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following new subsection: ``(h) The Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the distribution of a drug product that is exempted under section 102(39)(A)(iv). In determining the public interest for the purposes of this subsection, the Attorney General shall consider-- ``(1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; ``(2) compliance by the applicant with applicable Federal, State, and local law; ``(3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law; ``(4) any past experience of the applicant in the manufacture and distribution of chemicals; and ``(5) such other factors as are relevant to and consistent with the public health and safety.''. (d) Denial, Revocation, or Suspension of Registration.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a)-- (A) by inserting ``or a list I chemical'' after ``controlled substance'' each place it appears; and (B) by inserting ``or list I chemicals'' after ``controlled substances''; (2) in subsection (b), by inserting ``or list I chemical'' after ``controlled substance''; (3) in subsection (f), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; and (4) in subsection (g)-- (A) by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; and (B) by inserting ``or list I chemical'' after ``controlled substance'' each place it appears. (e) Persons Required To Register Under Section 1007.--Section 1007 of the Controlled Substances Import and Export Act (21 U.S.C. 957) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``or list I chemical'' after ``controlled substance''; and (B) in paragraph (2), by striking ``in schedule I, II, III, IV, or V,'' and inserting ``or list I chemical,''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; and (B) in paragraph (2), by inserting ``or list I chemicals'' after ``controlled substances''. (f) Registration Requirements Under Section 1008.--Section 1008 of the Controlled Substances Import and Export Act (21 U.S.C. 958) is amended-- (1) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2)(A) The Attorney General shall register an applicant to import or export a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the import or export of a drug product that is exempted under section 102(39)(A)(iv). ``(B) In determining the public interest for the purposes of subparagraph (A), the Attorney General shall consider the factors specified in section 303(h).''; (2) in subsection (d)-- (A) in paragraph (3), by inserting ``or list I chemical or chemicals,'' after ``substances,''; and (B) in paragraph (6), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; (3) in subsection (e), by striking ``and 307'' and inserting ``307, and 310''; and (4) in subsections (f), (g), and (h), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears. (g) Prohibited Acts C.--Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) is amended-- (1) by amending paragraphs (6) and (7) to read as follows: ``(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title or title II; ``(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title or title II or, in the case of an exportation, in violation of this title or title II or of the laws of the country to which it is exported;''; (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) if the person is a regulated person, to distribute, import, or export a list I chemical without the registration required by this Act.''. SEC. 4. ANTI-SMUGGLING PROVISION. Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is amended-- (1) by striking ``or'' at the end of paragraph (1); and (2) by adding at the end the following new paragraph: ``(3) imports or exports a listed chemical in violation of section 1007 or 1018,''. SEC. 5. ADMINISTRATIVE INSPECTIONS AND AUTHORITY. Section 510 of the Controlled Substances Act (21 U.S.C. 880) is amended-- (1) by amending subsection (a)(2) to read as follows: ``(2) places, including factories, warehouses, and other establishments, and conveyances, where persons registered under section 303 (or exempt from registration under section 302(d) or by regulation of the Attorney General) or regulated persons may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled substances or listed chemicals or where records relating to those activities are maintained.''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by inserting ``, listed chemicals,'' after ``unfinished drugs''; and (B) in subparagraph (C), by inserting ``or listed chemical'' after ``controlled substance'' and inserting ``or chemical'' after ``such substance''. SEC. 6. FORFEITURE EXPANSION. Section 511(a)(6) of the Controlled Substances Act (21 U.S.C. 881(a)(6)) is amended by inserting ``or listed chemical'' after ``controlled substance''. SEC. 7. THRESHOLD AMOUNTS. Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 802(39)(A)), as amended by section 2, is amended by inserting ``a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical,'' before ``a threshold amount, including a cumulative threshold amount for multiple transactions''. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 120 days after the date of enactment of this Act. S 1663 IS----2 S 1663 IS----3

Domestic Chemical Diversion Control Act of 1993 - Amends the Controlled Substances Act to remove ephedrine products from the legal drug exemption of the Chemical Diversion and Trafficking Act (which currently precludes the application of any of the regulatory control measures of such Act to a listed chemical which is contained in a drug product approved under the Federal Food, Drug, and Cosmetic Act). Directs the Attorney General to remove from exemption any other drug products which are being diverted to use in the illicit production of controlled substances. Establishes a registration system for distributors, importers, and exporters of listed chemicals which are diverted within the United States. Directs the Attorney General to register an applicant to distribute, and to import or export, a list I (currently, listed precursor) chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest, based on specified criteria. Amends the Controlled Substances Import and Export Act to set penalties for knowingly or intentionally importing or exporting a listed chemical in violation of such registration requirements. Makes provisions of the Controlled Substances Act regarding administrative inspections and authority, forfeiture, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances. (Currently only the latter are covered by such provisions.)

{"src": "billsum_train", "title": "Domestic Chemical Diversion Control Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Vessel Discharges Reform Act of 2013''. SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED VESSEL. (a) Discharges Incidental to the Normal Operation of a Covered Vessel.-- (1) No permit required.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Discharges Incidental to the Normal Operation of a Covered Vessel.--No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for a discharge incidental to the normal operation of a covered vessel (as defined in section 312(p)).''. (2) Best management practices for covered vessels.--Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(p) Best Management Practices for Covered Vessels.-- ``(1) Definitions.--In this subsection, the following definitions apply: ``(A) Covered vessel.--The term `covered vessel' means every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service (as defined under section 2101 of title 46, United States Code), and-- ``(i) is less than 79 feet in length; or ``(ii) is a fishing vessel (as defined in section 2101 of title 46, United States Code), regardless of length of the vessel. ``(B) Discharge incidental to the normal operation of a covered vessel.-- ``(i) In general.--The term `discharge incidental to the normal operation of a covered vessel' means-- ``(I) a discharge into navigable waters from a covered vessel of-- ``(aa)(AA) graywater (except graywater referred to in section 312(a)(6)), bilge water, cooling water, oil water separator effluent, anti- fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or ``(BB) any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a covered vessel; ``(bb) weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or ``(cc) any effluent from a properly functioning marine engine; or ``(II) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, and repair of a system, equipment, or an engine described in item (aa)(BB) or (cc) of subclause (I) whenever the covered vessel is waterborne. ``(ii) Exclusion.--The term `discharge incidental to the normal operation of a covered vessel' does not include-- ``(I) a discharge into navigable waters from a covered vessel of-- ``(aa) ballast water; ``(bb) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; ``(cc) oil or a hazardous substance within the meaning of section 311; or ``(dd) sewage within the meaning of section 312; ``(II) an emission of an air pollutant resulting from the operation onboard a covered vessel of a vessel propulsion system, motor driven equipment, or incinerator; or ``(III) a discharge into navigable waters from a covered vessel when the covered vessel is operating in a capacity other than as a means of transportation on water. ``(2) Determination of discharges subject to best management practices.-- ``(A) Determination.-- ``(i) In general.--The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, shall determine the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate the adverse impacts of such discharges on the waters of the United States. ``(ii) Promulgation.--The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code. ``(B) Considerations.--In making a determination under subparagraph (A), the Administrator shall consider-- ``(i) the nature of the discharge; ``(ii) the environmental effects of the discharge, including characteristics of the receiving waters; ``(iii) the effectiveness of the best management practice in reducing adverse impacts of the discharge on water quality; ``(iv) the practicability of developing and using a best management practice; ``(v) the effect that the use of a best management practice would have on the operation, operational capability, or safety of the vessel; ``(vi) applicable Federal and State law; ``(vii) applicable international standards; and ``(viii) the economic costs of the use of the best management practice. ``(C) Timing.--The Administrator shall-- ``(i) make initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and ``(ii) every 5 years thereafter-- ``(I) review the determinations; and ``(II) if necessary, revise the determinations based on any new information available to the Administrator. ``(3) Regulations for the use of best management practices.-- ``(A) In general.--The Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, shall promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable to develop under paragraph (2). ``(B) Regulations.-- ``(i) In general.--The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator makes determinations pursuant to paragraph (2). ``(ii) Considerations.--In promulgating regulations under this paragraph, the Secretary may-- ``(I) distinguish among classes, types, and sizes of vessels; ``(II) distinguish between new and existing vessels; and ``(III) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. ``(4) Effect of other laws.--This subsection shall not affect the application of section 311 to a covered vessel. ``(5) Prohibition relating to covered vessels.--After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (3), the owner or operator of a covered vessel shall neither operate in, nor discharge any discharge incidental to the normal operation of the vessel into, navigable waters, if the owner or operator of the vessel is not using any applicable best management practice meeting standards established under this subsection.''.

Commercial Vessel Discharges Reform Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a permit from being required under such Act for a discharge incidental to the normal operation of a covered vessel. Defines a "covered vessel" to mean every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service and that is: (1) less than 79 feet in length; or (2) a fishing vessel, regardless of length. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) determine, within one year, the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate adverse impacts on the waters of the United States; and (2) review such determination every five years. Requires the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, to promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable. Prohibits, upon the promulgation of such regulation, the owner or operator of a covered vessel from operating in, or discharging such discharge into, navigable waters, if the owner or operator of the vessel is not using such practices.

{"src": "billsum_train", "title": "Commercial Vessel Discharges Reform Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricanes Katrina and Rita Flood Insurance Buy-In Act of 2005''. SEC. 2. TEMPORARY FLOOD INSURANCE BUY-IN PROGRAM. (a) In General.--The Director of the Federal Emergency Management Agency shall make available flood insurance coverage under the national flood insurance program for eligible structures, in accordance with this section. (b) Scope of Coverage.-- (1) Eligible losses.--Coverage may be made available under this section only for damage or loss to an eligible structure, but not including any contents thereof, from flooding resulting from Hurricane Katrina or Hurricane Rita of 2005. (2) Amount.--The amount of coverage made available under this section for an eligible structure may not exceed the lesser of-- (A) the maximum amount of coverage that may be made available for such structure under the national flood insurance program; and (B) the amount of coverage provided for the structure, as of August 29, 2005, under the policy for losses caused by wind or windstorm (as referred to in subsection (c)(4)). (c) Eligible Structures.--For purposes of this section, an eligible structure is a structure that-- (1) sustained damage from flooding resulting from Hurricane Katrina or Hurricane Rita of 2005; (2) is of a type (including residential properties, business properties, and others) for which coverage was generally made available under the national flood insurance program as of August 29, 2005; (3) is located in a covered disaster area; (4) was covered-- (A) in the case of a structure damaged by flooding resulting from Hurricane Katrina, as of August 29, 2005, by an insurance policy for losses caused by wind or windstorm; and (B) in the case of a structure damaged by flooding resulting from Hurricane Rita, as of September 23, 2005, by such a policy; (5) is not located in an area that has been identified by the Director as an area having special flood hazards (as such term is used for purposes of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)); and (6) was not covered by flood insurance made available under the national flood insurance program at the time of such damage. (d) Premiums.-- (1) Amount.--The Director shall charge, for coverage made available under this section for an eligible structure, premiums in the amount equal to 105 percent of the aggregate amount of premiums that would have been charged, at the time, for coverage for the structure under the national flood insurance program (for the type and amount of coverage provided) for the 10-year period that ends upon the date of purchase of such coverage. (2) Deduction from claims.--The Director shall provide that a purchaser of coverage made available under this section may pay premiums charged for such coverage under paragraph (1) by deducting such amounts from the amount of any claims payable under such coverage. (3) Credits to nfif.--There shall be credited to the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) the following amounts: (A) Any premiums collected pursuant to this section. (B) From amounts appropriated under subsection (i)(1), an amount equal to the amount of any premiums charged for coverage made available under this subsection that are not collected by the Director as a result of the operation of paragraph (2). (e) Claims.-- (1) In general.--Claims for damage or loss pursuant to coverage made available under this section may be paid only from amounts made available in appropriation Acts under subsection (i). (2) Exclusion.--Amounts in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017), including any amount credited to such Fund under subsection (d)(3), shall not be available for paying claims under coverage made available under this section. (f) Requirements to Obtain Future Coverage and Take Mitigation Actions.--The Director may not make coverage available under this section for an eligible structure unless the owner of the structure enters into a binding agreement, contained in such deed restrictions as the Director considers appropriate, to ensure that such owner, and any future owners, will-- (1) at all times after purchasing coverage under this section for the structure, in perpetuity, maintain coverage under the national flood insurance program, for any structures located at any time on the same property on which, at the time of purchase, such eligible structure is located, in an amount at least equal to the lesser of-- (A) the value of the structure, as determined by the Director; or (B) the maximum limit of coverage made available with respect to the particular type of property under the national flood insurance program; and (2) accept any offer to take mitigation actions or activities made, with respect to the structure, under a mitigation program under section 1323, 1361A, or 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c). (g) Premium Rates for Future Coverage.--In establishing rates for flood insurance coverage, other than coverage under this section, made available under the national flood insurance program, the Director shall not consider, in any manner-- (1) any premiums charged or collected under subsection (d); (2) any claims paid pursuant to coverage made available under this section; or (3) any amounts appropriated under subsection (i). (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Covered disaster area.--The term ``covered disaster area'' means an area-- (A) for which a major disaster was declared by the President pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina or Hurricane Rita of 2005; and (B) in which the sale of flood insurance coverage was available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) as of August 25, 2005. (2) Director.--The term ``Director'' means the Director of the Federal Emergency Management Agency. (i) Authorization of Appropriations.-- (1) For claims payments.--There are authorized to be appropriated to the Director, such sums as may be necessary to cover all costs of flood insurance coverage made available under this section, including administrative expenses and claims under such coverage. (2) For mitigation assistance.--There are authorized to be appropriated such sums as may be necessary, for the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) and for the National Flood Mitigation Fund established under section 1367 of such Act (42 U.S.C. 4104d), for use only for mitigation activities under the programs under sections 1323, 1361A, and 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4102a, 4104c), as appropriate, for eligible structures. (j) Public Notice.--Not later than 30 days after the date of enactment of this Act, the Director shall issue and widely disseminate in the covered disaster area public notice of the procedures to be followed for application for flood insurance authorized by this Act. (k) Termination.--The Director may not enter into any contract or policy for coverage under this section except pursuant to an application for such coverage submitted to the Director before the expiration of the 90-day period beginning on the date that the public notice described in subsection (j) is issued.

Hurricanes Katrina and Rita Flood Insurance Buy-In Act of 2005 - Establishes a temporary flood insurance buy-in program. Instructs the Director of the Federal Emergency Management Agency to make flood insurance coverage available under such program for eligible structures (but not their contents) for flooding resulting from Hurricane Katrina or Hurricane Rita. Limits eligibility to structures located in an area not subject to the mandatory purchase requirements of the national flood insurance program, and which were not covered by such insurance at the time of the hurricanes. Prescribes a formula for determination of premiums, which may be paid by deduction from the amount of any claims payable under coverage by the buy-in program.

{"src": "billsum_train", "title": "A bill to strengthen the national flood insurance program, encourage participation in the program, and provide owners of properties not located in flood hazard zones a one-time opportunity to purchase flood insurance coverage for a period covering such hurricane."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established within the National Science Foundation an Office of Minority Serving Institution Digital and Wireless Technology to carry out the provisions of this Act. (b) Purpose.--The Office shall-- (1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. SEC. 3. ACTIVITIES SUPPORTED. An eligible institution shall use a grant, contract, or cooperative agreement awarded under this Act-- (1) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) to develop and provide educational services, including faculty development, related to science, mathematics, engineering, or technology; (3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process; (4) to implement joint projects and consortia to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority businesses; (5) to provide professional development in science, mathematics, engineering, or technology to administrators and faculty of eligible institutions with institutional responsibility for technology education; (6) to provide capacity-building technical assistance to eligible institutions through remote technical support, technical assistance workshops, distance learning, new technologies, and other technological applications; (7) to foster the use of information communications technology to increase scientific, mathematical, engineering, and technology instruction and research; and (8) to develop proposals to be submitted under this Act and to develop strategic plans for information technology investments. SEC. 4. APPLICATION AND REVIEW PROCEDURE. (a) In General.--To be eligible to receive a grant, contract, or cooperative agreement under this Act, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director, in consultation with the advisory council established under subsection (b), shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (b) Advisory Council.--The Director shall establish an advisory council to advise the Director on the best approaches for involving eligible institutions in the activities described in section 3, and for reviewing and evaluating proposals submitted to the program. In selecting the members of the advisory council, the Director may consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council reflects participation by technology and telecommunications institutions, minority businesses, eligible institution communities, Federal agency personnel, and other individuals who are knowledgeable about eligible institutions and technology issues. Any panel assembled to review a proposal submitted to the program shall include members from minority serving institutions. Program review criteria shall include consideration of-- (1) demonstrated need for assistance under this Act; and (2) diversity among the types of institutions receiving assistance under this Act. (c) Data Collection.--An eligible institution that receives a grant, contract, or cooperative agreement under section 2 shall provide the Office with any relevant institutional statistical or demographic data requested by the Office. (d) Information Dissemination.--The Director shall convene an annual meeting of eligible institutions receiving grants, contracts, or cooperative agreements under section 2 for the purposes of-- (1) fostering collaboration and capacity-building activities among eligible institutions; and (2) disseminating information and ideas generated by such meetings. SEC. 5. MATCHING REQUIREMENT. The Director may not award a grant, contract, or cooperative agreement to an eligible institution under this Act unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant, contract, or cooperative agreement awarded by the Director, or $500,000, whichever is the lesser amount. The Director shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. SEC. 6. LIMITATIONS. (a) In General.--An eligible institution that receives a grant, contract, or cooperative agreement under this Act that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this Act until every other eligible institution that has applied for a grant, contract, or cooperative agreement under this Act has received such a grant, contract, or cooperative. (b) Awards Administered by Eligible Institution.--Each grant, contract, or cooperative agreement awarded under this Act shall be made to, and administered by, an eligible institution, even when it is awarded for the implementation of a consortium or joint project. SEC. 7. ANNUAL REPORT AND EVALUATION. (a) Annual Report Required From Recipients.--Each institution that receives a grant, contract, or cooperative agreement under this Act shall provide an annual report to the Director on its use of the grant, contract, or cooperative agreement. (b) Evaluation by Director.--The Director, in consultation with the Secretary of Education, shall-- (1) review the reports provided under subsection (a) each year; and (2) evaluate the program authorized by section 3 on the basis of those reports every 2 years. (c) Contents of Evaluation.--The Director, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions. (d) Report to Congress.--The Director shall submit a report to the Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate. SEC. 8. DEFINITIONS. In this Act: (1) Eligible Institution.--The term ``eligible institution'' means an institution that is-- (A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); (B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); (D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); (E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or (F) an institution determined by the Director, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low-income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) Minority Business.--The term ``minority business'' includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of the fiscal years 2006 through 2010 to carry out this Act. Passed the Senate July 1, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 432 _______________________________________________________________________ AN ACT To establish a digital and wireless network technology program, and for other purposes.

Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Requires: (1) a matching recipient contribution of 25 percent of the federal assistance amount; and (2) annual reports from recipients to the NSF Director on the uses of such assistance. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement. Authorizes appropriations for FY2006-FY2010.

{"src": "billsum_train", "title": "A bill to establish a digital and wireless network technology program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Economic Security Act of 1993''. SEC. 2. TAX DEDUCTION FOR CARE OF CERTAIN ELDERLY INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. EXPENSES FOR CARE OF CERTAIN ELDERLY INDIVIDUALS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount by which the qualified elderly care expenses paid by the taxpayer during the taxable year exceed 5 percent of the adjusted gross income of the taxpayer. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified elderly care expenses.--The term `qualified elderly care expenses' means payments by the taxpayer for in- home custodial care-- ``(A) provided to any qualifying elderly individual, and ``(B) not compensated for by insurance or otherwise. ``(2) Qualifying elderly individual.--The term `qualifying elderly individual' means any individual-- ``(A) who has attained age 65 before the close of the taxable year, and ``(B) who is-- ``(i) a parent or grandparent of the taxpayer during the taxable year, or ``(ii) a dependent (as defined in section 152) of the taxpayer during the taxable year. ``(3) Custodial care.--The term `custodial care' means services which constitute personal care and which do not entail or require the continuing attention of trained medical or paramedical personnel, such as help in walking and getting in and out of bed, assistance in bathing, dressing, feeding, and using a toilet, preparation of special diets, and supervision over the taking of medication which would otherwise usually be self-administered. ``(c) Special Rules.-- ``(1) Determination of parents and grandparents.--Paragraph (2) of section 152(b) (relating to rules relating to general definition of dependent) shall apply to the determination of whether any of the relationships specified in clause (i) of subsection (b)(2)(B) exists. ``(2) Denial of double benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any amount for which a deduction is allowed under subsection (a).'' (b) Deduction Not Subject to Floor on Miscellaneous Itemized Deductions.--Subsection (b) of section 67 of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(14) the deduction under section 220 (relating to expenses for care of certain elderly individuals).'' (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 220. Expenses for care of certain elderly individuals. ``Sec. 221. Cross reference.'' SEC. 3. INCLUSION OF CERTAIN GOODS AND SERVICES DONATED BY PHYSICIANS OR REGISTERED PROFESSIONAL NURSES TO ELDERLY INDIVIDUALS AS CHARITABLE DEDUCTIONS. (a) In General.--Subsection (c) of section 170 of the Internal Revenue Code of 1986 (relating to charitable contribution defined) is amended by inserting after paragraph (5) the following new paragraph: ``(6) An individual who has attained age 65 and who is not a member of the donor's family if the contribution or gift is the rendering of medical services or the provision of medical goods by a physician (as defined in section 213(d)(4)) or by a registered professional nurse.'' (b) Valuation of Goods and Services Donated.--Section 170 of such Code (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Valuation of Contributions and Gifts Described in Subsection (c)(6).--The value of contributions and gifts described in subsection (c)(6) shall be determined as if provided to an individual under the insurance program established by part B of title XVIII of the Social Security Act (42 U.S.C. ch. 7, subch. XVIII, part B), in accordance with the provisions of subsections (a) and (c) of section 1833 of such Act (42 U.S.C. 1395l).'' SEC. 4. TAX-FREE WITHDRAWALS FROM INDIVIDUAL RETIREMENT ACCOUNTS TO PAY LONG-TERM CARE EXPENSES OR TO PURCHASE LONG-TERM CARE INSURANCE. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions to pay long-term care expenses or purchase long-term care insurance.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed out of an individual retirement account or individual retirement annuity to the individual for whose benefit the account or annuity is maintained if the entire amount received (including money and any other property) is used, within 30 days after the individual receives the payment or distribution-- ``(i) to pay long-term care expenses of the individual, or ``(ii) to purchase insurance covering such expenses. ``(B) Long-term care expenses defined.--For purposes of subparagraph (A), the term `long-term care expenses' means, with respect to an individual, expenses incurred by the individual for-- ``(i) custodial or health care provided to the individual in a nursing home, and ``(ii) any goods or services provided to the individual outside a nursing home in connection with the provision of custodial or health care to the individual.'' SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1993.

Older Americans Economic Security Act of 1993 - Amends the Internal Revenue Code to allow a tax deduction for qualified elderly care expenses which exceed five percent of the taxpayer's adjusted gross income. Allows a charitable deduction to physicians and registered professional nurses for medical services or goods donated to elderly individuals. Allows tax-free withdrawals from individual retirement accounts to pay long-term care expenses or to purchase insurance covering such expenses.

{"src": "billsum_train", "title": "Older Americans Economic Security Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Right-To-Know Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Individual incomes taxes amount to one of the greatest annual expenses for many Americans. (2) There is a great deal of uncertainty on the part of taxpayers concerning where and how their income tax dollars are spent. (3) Taxpayers do not receive any acknowledgment of payment from the Internal Revenue Service nor any explanation itemizing how their tax payments are spent. (4) There presently exists no straightforward way for a taxpayer to determine exactly how much he or she paid for specific governmental activities. (5) The failure to provide taxpayers with an itemized listing showing how their tax dollars are spent contributes to a lack of knowledge about the Government and subsequently to a less informed electorate. (6) The Internal Revenue Service must update its technology and treat taxpayer information as a strategic asset to improve customer service. (7) Taxpayer education by the Internal Revenue Service aimed at showing taxpayers how their tax dollars are spent leads to increased compliance. (b) Purposes.--The purposes of this Act are as follows: (1) To educate individual income tax filers about how much they contribute annually, in actual dollars and cents, to various governmental programs, projects, and activities. (2) To improve the public's understanding of the Federal Government. (3) To enhance the public's level of satisfaction with the Internal Revenue Service. SEC. 3. ITEMIZED INCOME TAX RECEIPT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7525. TAXPAYER REQUEST FOR INCOME TAX RECEIPT. ``(a) In General.--At the request of any taxpayer who files an individual income tax return, the Secretary shall send to such taxpayer an itemized receipt showing a proportionate allocation (in money terms) of the taxpayer's total tax payments among the major expenditure categories. ``(b) Total Tax Payments.--For purposes of subsection (a), total tax payments of an individual for any taxable year are-- ``(1) the tax imposed by subtitle A for such taxable year (as shown on his return), and ``(2) the tax imposed by section 3101 on wages received during such taxable year. ``(c) Content of Tax Receipt.-- ``(1) Major expenditure categories.--For purposes of subsection (a), the major expenditure categories are: ``(A) National defense. ``(B) International affairs. ``(C) Medicaid. ``(D) Medicare. ``(E) Means-tested entitlements. ``(F) Domestic discretionary. ``(G) Social Security. ``(H) Interest payments. ``(I) All other. ``(2) Other items on receipt.--In addition, the tax receipt shall include selected examples of more specific expenditure items, either at the budget function, subfunction, or program, project, or activity levels, along with any other information deemed appropriate by the Secretary and the Director of the Office of Management and Budget to enhance taxpayer understanding of the Federal budget. ``(d) Manner and Time of Request.--A request for a tax receipt as described in subsection (c) shall be made with respect to any taxable year at the time of filing the return imposed by chapter 1 for such taxable year. A receipt shall be made available to a requesting taxpayer as soon as practicable upon the processing of that taxpayer's Federal income tax return by the Internal Revenue Service. ``(e) Use of New Technologies.--The Internal Revenue Service is encouraged to utilize modern technologies such as electronic mail and the Internet to minimize the cost of sending receipts to taxpayers. The Internal Revenue Service shall establish an interactive program on its Internet website to allow taxpayers to generate income tax receipts on their own. ``(f) Cost.--No charge shall be imposed to cover any cost associated with the production or distribution of the tax receipt. ``(g) Regulations.--The Secretary may prescribe such regulations as may be necessary to carry out this section.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7525. Taxpayer request for income tax receipt.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Taxpayer Right-To-Know Act of 1997 - Amends the Internal Revenue Code to require the Secretary of the Treasury, at the request of a taxpayer, to send the taxpayer an itemized receipt showing a proportionate allocation of the taxpayer's payments among the major expenditure categories.

{"src": "billsum_train", "title": "Taxpayer Right-To-Know Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Veterans Health Act of 1998''. SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF WAR. (a) In General.--(1) Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War ``(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness described in paragraph (2) or identified pursuant to subsection (b) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. ``(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that-- ``(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the period beginning on August 2, 1990, and ending on December 31, 1991; and ``(B) becomes manifest in a Persian Gulf War veteran who by reason of service in Southwest Asia during the period beginning on August 2, 1990, and ending on December 31, 1991, was exposed to such agent or hazard. ``(3) For purposes of this subsection, a Persian Gulf War veteran who has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent or hazard associated with the illness in the regulations prescribed under this subsection unless there is conclusive evidence to establish that the veteran was not exposed to the agent or hazard by reason of such service. ``(b)(1) The Secretary shall enter into a contract with an appropriate independent scientific body to establish a panel for the purpose of reviewing the medical and scientific literature to identify those diseases and illnesses epidemiologically, medically, or scientifically associated with exposure of humans or animals to any of the materials specified in subsection (c). The panel shall be composed of non-Government scientific experts representing, at minimum, the disciplines of toxicology, immunology, microbiology, molecular biology, genetics, biochemistry, chemistry, epidemiology, medicine, and public health. ``(2) The Secretary shall require that the panel submit to the Secretary, not later than one year after the date of the enactment of this section, a report, based upon the review under paragraph (1), identifying such diseases and illnesses. ``(3) Upon submission to the Secretary of the report under paragraph (2), each disease or illness identified in the report that becomes manifest in a Persian Gulf War veteran shall be presumed to be service-connected. ``(4) There is authorized to be appropriated to the Secretary $1,000,000 to carry out this subsection. ``(5) The specification of presumed exposures in subsection (c) shall be updated as information develops confirming the exposure of Persian Gulf War veterans or members of their families to additional chemical, biological, radiological, or other genotoxic or infectious materials. The Secretary shall periodically enter into a contract as described in paragraph (1) for the purposes of identifying and confirming such exposures. Upon submission to the Secretary of a report pursuant to such a contract, the Secretary shall add each disease or illness identified in the report that becomes manifest in a Persian Gulf War veteran to those diseases and illnesses that are presumed under this section to be service-connected. ``(c) Presumption of Exposure.--Each Persian Gulf War veteran shall be presumed to have been exposed to the following potentially hazardous materials: ``(1) The following organophosphorous pesticides: ``(A) Chlorpyrifos. ``(B) Diazinon. ``(C) Dichlorvos. ``(D) Malathion. ``(2) The following carbamate pesticides: ``(A) Proxpur. ``(B) Carbaryl. ``(C) Methomyl. ``(3) The following carbamate used as nerve agent prophylaxis: ``(A) Pyridostigmine bromide. ``(4) The following chlorinated dydrocarbon and other pesticides and repellents: ``(A) Lindane. ``(B) Pyrethroids. ``(C) Rodenticides (bait). ``(D) Repellent (DEET). ``(5) The following low-level nerve agents and precursors compounds: ``(A) Sarin. ``(B) Tabun. ``(6) The following other synthetic chemical compounds: ``(A) Low-level mustard agents. ``(B) VOCs. ``(C) Hydrazine. ``(D) Red fuming nitric acid. ``(E) Solvents. ``(F) Uranium. ``(7) The following ionizing radiation: ``(A) Depleted uranium. ``(B) Microwave. ``(C) RF radiation. ``(8) The following environmental particulates and pollutants: ``(A) Hydrogen sulfide. ``(B) Oil fire byproducts. ``(C) Diesel heater fumes. ``(D) Sand micro-particles. ``(9) Diseases endemic to the region (including the following): ``(A) Leishmaniasis. ``(B) Sandfly fever. ``(C) Pathogenic escherechia coli. ``(D) Shigellosis. ``(E) Malaria. ``(10) Time compressed administration of multiple live, ``attenuated,'' and toxoid vaccines. ``(d) For purposes of this section: ``(1) The term `Persian Gulf War veteran' means a veteran who served on active duty in the Southwest Asia theater of operations during the period beginning on August 2, 1990, and ending on December 31, 1991. ``(2) The term `non-Government scientific expert' means an individual who is a scientific expert who (A) is not employed by the United States, and (B) received less than 15 percent of income during the preceding 12 months from federally funded research activities.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1117 the following new item: ``1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.''. (b) Conforming Amendments.--Section 1113 of title 38, United States Code, is amended-- (1) by striking out ``or 1117'' each place it appears and inserting in lieu thereof ``1117, or 1118''; and (2) in subsection (a), by striking out ``or 1116'' and inserting in lieu thereof ``, 1116, or 1118''. SEC. 3. PLAN FOR MEDICAL SURVEILLANCE OF PERSIAN GULF WAR VETERANS AND THEIR FAMILIES. (a) Plan for Contract To Establish Independent Review Panel.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a plan to contract with an appropriate independent scientific body to establish a panel, to be composed of non-Government scientific experts (as defined in section 1118(d)(2) of title 38, United States Code, as added by section 2), for the purpose of reviewing the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among veterans of the Persian Gulf War and their families. (b) Criteria and Plan for Review.--The criteria and a plan for such review shall be established by the panel and shall be submitted by the panel to the Secretary of Veterans Affairs and the chairman and ranking minority party member of the Committees on Veterans' Affairs of the Senate and the House of Representatives. SEC. 4. PLAN FOR PERMANENT EXPERT ADVISORY GROUP ON CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL DEFENSE. Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a plan for the establishment of a permanent expert advisory group to be composed of individuals capable of providing expert advice both to the President and the congressional defense and intelligence committees on the adequacy of current United States chemical, biological, and radiological defense technologies, procurement practices, and doctrine to defend the Armed Forces against both the immediate and chronic consequences of acute and sub-acute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.

Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise. Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures. Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed. Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families. Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.

{"src": "billsum_train", "title": "Persian Gulf War Veterans Health Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wartime Parity and Justice Act of 2003''. SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF 1988. (a) Eligibility.--For purposes of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989 et seq.), the following individuals shall be deemed to be eligible individuals: (1) An individual who-- (A) is of Japanese ancestry, or is the spouse or parent of an individual of Japanese ancestry; (B) was brought forcibly to the United States from a country in Central America or South America during the evacuation, relocation, and internment period; (C) was living on August 10, 1988; (D) otherwise meets the requirements of subparagraph (B)(i) of section 108(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b- 7(2)(B)(i)); and (E) subject to section 4(f) of this Act, has not otherwise received payment under the Civil Liberties Act of 1988. (2) An individual who was an eligible individual under the Civil Liberties Act of 1988 before the enactment of this Act and who was eligible for, but did not receive, payment under that Act prior to the termination of the Civil Liberties Public Education Fund under section 104(d) of that Act. (3) An individual who-- (A) was born to an eligible individual under the Civil Liberties Act of 1988 during the period beginning on January 20, 1945, and ending on February 29, 1948, at a place in which the eligible individual was confined, held in custody, relocated, or otherwise located during the evacuation, relocation, or internment period; and (B) was living on August 10, 1988. (4)(A) An individual of Japanese ancestry who, during the evacuation, relocation, or internment period-- (i) was a United States citizen or a permanent resident alien; (ii) whose employment with a railroad or mining company was terminated on account of the individual's Japanese ancestry; and (iii) was living on August 10, 1988. (B) An individual who-- (i) during the evacuation, relocation, or internment period, was a dependent child of an individual described in subparagraph (A); and (ii) was living on August 10, 1988. (5) An individual of Japanese ancestry who-- (A) meets the requirements of paragraph (2) of section 108(2) of the Civil Liberties Act of 1988, other than subparagraph (A) of that paragraph; and (B) was legally in the United States during the evacuation, relocation, or internment period but was made ineligible for United States citizenship or permanent residence status by law enacted prior thereto, on account of the individual's Japanese ancestry. (b) Prisoner Exchanges.--An individual shall not be precluded from being an eligible individual under subsection (a) if that individual was sent by the United States to Japan or territories occupied by Japan at any time during the period beginning on December 7, 1941, and ending on September 2, 1945, in exchange for prisoners held by Japan. SEC. 3. APOLOGY OF THE UNITED STATES. The United States apologizes to those individuals described in section 2(a) for the fundamental violations of their basic civil liberties and constitutional rights committed during the evacuation, relocation, or internment period. The President should transmit to each such individual a personal letter of apology on behalf of the United States. SEC. 4. PROCEDURES. (a) Applicability of Provisions of the Civil Liberties Act.--Except as otherwise provided in this section, the provisions of section 105 of the Civil Liberties Act of 1988 shall apply with respect to eligible individuals under section 2 of this Act. (b) Responsibilities of the Attorney General.--The Attorney General shall have the responsibility to identify and locate, without requiring any application for payment and using records already in possession of the United States Government, eligible individuals under section 2, within 12 months after the date of the enactment of this Act. Failure to be identified and located within that 12-month period shall not preclude an eligible individual under section 2 from receiving payment under the Civil Liberties Act of 1988. (c) Notification by Eligible Individuals.--Any eligible individual under section 2 may notify the Attorney General that the individual is an eligible individual, and may provide documentation therefor, within 6 years after the date of the enactment of this Act. (d) Determination of Eligibility.--The Attorney General shall make a final determination of eligibility of individuals under section 2 not later than 1 year after locating the individual pursuant to subsection (b) or receiving notification from an individual pursuant to subsection (c), as the case may be. (e) Judicial Review.--An individual seeking payment of compensation under the Civil Liberties Act of 1988 as an eligible individual under section 2 may seek judicial review of a denial of compensation in an appropriate district court of the United States or the United States Court of Federal Claims within 6 years after the date of the denial. (f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E) of this Act and paragraph (7) of section 105(a) of the Civil Liberties Act of 1988, an individual described in subparagraphs (A) through (D) of section 2(a)(1) of this Act, or any surviving spouse, child, or parent of such individual to whom section 105(a)(8) of the Civil Liberties Act of 1988 applies, who has accepted payment, before the enactment of this Act, pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B) of the Civil Liberties Act of 1988 or section 2(a)(1)(B) of this Act, may receive payment under the Civil Liberties Act of 1988, except that any amount payable to such individual, spouse, child, or parent under section 105(a)(1) of that Act shall be reduced by the amount of any payment received pursuant to such final judgment or settlement. SEC. 5. CORRECTION OF IMMIGRATION STATUS. Those individuals described in paragraph (1) of section 2(a) shall not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period. Each department or agency of the United States shall take the necessary steps to correct any records over which that department or agency has jurisdiction that indicate that such individuals were in the United States unlawfully during such period. SEC. 6. FULL DISCLOSURE OF INFORMATION. (a) Public Disclosure of Information.--The appropriate departments and agencies of the United States shall disclose to the public all information (other than information which may not be disclosed under other provisions of law) relating to the forcible removal of individuals from Central and South America during the evacuation, relocation, or internment period and the internment of those individuals in the United States during that period, including information on individuals whose location is unknown. (b) Sharing of Information With Other Countries.--The President shall take the necessary steps to share information described in subsection (a) with other countries and encourage those countries to make that information available to people in those countries. SEC. 7. TRUST FUND. (a) Reestablishment of Fund.--The Civil Liberties Public Education Fund (in this Act referred to as the ``Fund'') is reestablished in the Treasury of the United States, and shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in the Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code. (c) Uses of the Fund.--Amounts in the Fund shall be available only-- (1) for disbursement of payments by the Attorney General, under section 105 of the Civil Liberties Act of 1988 and this Act, to eligible individuals under section 2 of this Act; and (2) for disbursement by the Board of Directors of the Fund under section 8 of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Fund-- (1) such sums as may be necessary to carry out paragraph (1) of subsection (b); and (2) $45,000,000 for disbursements by the Board of Directors of the Fund under section 8. SEC. 8. BOARD OF DIRECTORS OF THE FUND. (a) Establishment.--There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section. (b) Uses of the Fund.--The Board may make disbursements from the Fund only-- (1) to sponsor research and public education activities so that events surrounding the evacuation, relocation, and internment of individuals of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and (2) for reasonable administrative expenses of the Board, including compensation and expenses of the members and staff of the Board and payment for administrative support services. (c) Membership, Staff, Etc.--The provisions of subsections (c), (d), (e), (f), and (g) of section 106 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply to the Board of the Fund to the same extent as they applied to the Board established under that section. SEC. 9. DEFINITIONS. In this Act, the terms ``evacuation, relocation, or internment period'' and ``permanent resident alien'' have the meanings given those terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7).

Wartime Parity and Justice Act of 2003 - Allows certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America and interned in the United States during World War II to be provided restitution under the Civil Liberties Act of 1988.Urges the President to transmit a letter of apology to each such individual.Makes the Attorney General responsible for identifying and locating individuals eligible for restitution. Authorizes judicial review of a denial of compensation. Permits an individual covered by this Act who has accepted payment on a related claim before this Act's enactment to receive an appropriately reduced payment.Directs: (1) individuals covered by this Act to not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period; (2) each U.S. agency to correct any records indicating otherwise; (3) agencies to disclose all information relating to the removal and internment of such individuals; and (4) the President to share such information with other countries and encourage those countries to make that information available.Reestablishes in the Treasury the Civil Liberties Public Education Fund and establishes a board of directors for the Fund.

{"src": "billsum_train", "title": "To allow certain individuals of Japanese ancestry who were brought forcibly to the United States from countries in Latin America during World War II and were interned in the United States to be provided restitution under the Civil Liberties Act of 1988, and for other purposes."}

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Private Student Loan Debt Swap Act of 2009''. (b) Purpose.--It is the purpose of this Act to establish a temporary private student loan debt swap program to assist eligible borrowers in refinancing all or a portion of their private education debt with less costly loans with the same terms and conditions as Federal direct loans. SEC. 2. PRIVATE EDUCATION LOAN REFINANCING. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--PRIVATE EDUCATION LOAN REFINANCING ``SEC. 499E. PRIVATE EDUCATION LOAN REFINANCING. ``(a) In General.-- ``(1) Authority.--The Secretary shall carry out a Private Education Loan Debt Swap program in accordance with this section. ``(2) Availability of funds.--There are hereby made available, in accordance with the provisions of this section, such sums as may be necessary to make loans under this section through refinancing to all individuals eligible to receive private education loan refinancing under this section. ``(3) Private education loan.--In this section, the term `private education loan' has the meaning given the term in section 140 of the Truth in Lending Act (15 U.S.C. 1650). ``(b) Eligible Debt Swap Loan Borrower.--An individual shall be eligible to receive private education loan refinancing under this section if the individual-- ``(1)(A) was, at any time after July 1, 1994, eligible to obtain an unsubsidized Federal Stafford Loan under section 428H for a period of undergraduate or graduate enrollment; ``(B) incurred at least 1 private education loan for such period of enrollment; ``(C) is not enrolled in an eligible institution on at least a half-time basis; ``(D) remains indebted on at least 1 private education loan eligible for refinancing under this section and-- ``(i) has never obtained an unsubsidized Federal Stafford Loan under section 428H; or ``(ii) has borrowed an aggregate amount under the unsubsidized Federal Stafford Loan program under section 428H that is less than the maximum aggregate amount indicated under section 428H(d) for loans first disbursed on or after July 1, 2008; ``(E) is not in default on a loan made, insured, or guaranteed under this title; ``(F) has made not less than 2 consecutive payments on the private education loan to be refinanced and is not more than 90 days delinquent on such loan; and ``(G) has not previously obtained refinancing under this section; or ``(2)(A) was, at any time after July 1, 2006, eligible to obtain a Federal PLUS Loan under section 428B for a period of graduate or professional enrollment; ``(B) incurred at least 1 private education loan for such period of enrollment; ``(C) is not in default on a loan made, insured, or guaranteed under this title; ``(D) has made not less than 2 consecutive payments on the private education loan to be refinanced and is not more than 90 days delinquent on such loan; ``(E) does not have an adverse credit history; and ``(F) has not previously obtained refinancing under this section. ``(c) Refinancing Under the Debt Swap Loan Program.-- ``(1) In general.--The Secretary shall refinance or make a payment on a private education loan in accordance with this subsection for an individual who is eligible for private education loan refinancing pursuant to subsection (b). ``(2) Types of loans that shall be refinanced.--A private education loan is eligible to be refinanced under this subsection if the loan was incurred-- ``(A) after July 1, 1994, and before July 1, 2010; and ``(B) to pay the cost of attendance for enrollment in an eligible program at an institution of higher education eligible to participate in programs under this title. ``(3) Loan limits.--The maximum amount of a private education loan that may be refinanced under this subsection is-- ``(A) for an individual described in subsection (b)(1), an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual not to exceed the maximum aggregate amount of unsubsidized Federal Stafford Loans under section 428H(d) for loans first disbursed on or after July 1, 2008, applicable to an undergraduate student under such section if the individual incurred such loan to enroll in an undergraduate program or applicable to a graduate student under such section if the individual incurred such loan to enroll in a graduate program, less any amount previously borrowed by such individual pursuant to section 428 or part D; and ``(B) for an individual described in subsection (b)(2), an amount equal to the sum of unpaid principal, accrued interest, and late charges of all private education loans eligible under paragraph (2) incurred by such individual, less any amount previously borrowed by such individual pursuant to section 428B for such period of enrollment in a graduate or professional program. ``(4) Interest rate.--The interest rate for a private education loan refinanced under this subsection shall be-- ``(A) for an individual described in subsection (b)(1), the same interest rate applicable to an unsubsidized Federal Stafford Loan; and ``(B) for an individual described in subsection (b)(2), the same interest rate applicable to a Federal Direct PLUS loan. ``(5) Repayment terms.--A private education debt swap loan made under this subsection through refinancing shall have the same repayment terms, conditions, and benefits as Federal Direct Consolidation Loans. ``(6) Termination of authority.--The authority to refinance private education loans under this subsection expires on July 1, 2011, or the date that is 1 year after certification by the Secretary to Congress that the debt swap loan program pursuant to this section is fully operational, whichever date is later. ``(7) Loan application and promissory note.--The Secretary shall develop and distribute a standard application and promissory note and loan disclosure form for loans made under this section through refinancing. ``(8) Loan disbursement.--Proceeds of any loan made under this section shall be paid by the Secretary directly to the holder of the private education loan being refinanced for the purpose of discharging or reducing such private education loan debt on behalf of the borrower, subject to repayment terms under this section. ``(d) Public Awareness Campaign.-- ``(1) In general.--The Secretary shall carry out a national awareness campaign on the availability and benefits of refinancing private education loans under this section. ``(2) Content of campaign.--The campaign described in paragraph (1) shall include-- ``(A) explaining the benefits of borrowing through the Federal student loan programs authorized under this title compared to private loans; and ``(B) information on all of the repayment options, loan forgiveness opportunities, low-fixed interest rates and other benefits of such Federal student loan programs. ``(e) Report to Congress.--The Secretary shall report to Congress annually on the volume and repayment status of private education loans refinanced under this section.''.

Private Student Loan Debt Swap Act of 2009 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to implement a Private Education Loan Debt Swap program. Requires the Secretary, under such program, to refinance the private education loans of certain borrowers who: (1) after July 1, 1994, were eligible for unsubsidized Stafford Loans under the Federal Family Education Loan (FFEL) program, or, after July 1, 2006, were eligible for FFEL PLUS Loans for graduate or professional education; (2) are not in default on a loan made, insured, or guaranteed under title IV; and (3) have made at least two consecutive payments on the private education loan to be refinanced and are not more than 90 days delinquent on such loan. Makes the program applicable only to private education loans incurred after July 1, 1994, and before July 1, 2010, which were used for the cost of enrolling at institutions of higher education eligible to participate in title IV programs. Sets the interest rate on such refinanced loans at the rate applicable to: (1) unsubsidized Stafford loans, for borrowers who were eligible for such loans; and (2) Federal Direct PLUS loans, for borrowers who were eligible for those loans. Gives refinanced loans the same repayment terms, conditions, and benefits as Consolidation Loans under the Direct Loan program. Directs the Secretary carry out a national awareness campaign on the availability and benefits of refinancing private education loans under this program.

{"src": "billsum_train", "title": "A bill to amend title IV of the Higher Education Act of 1965 to authorize private education loan refinancing under the Federal student loan program."}

SECTION 1. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.98.08 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games, and of persons who are immediate family members of or servants to any of the foregoing persons; equipment and materials imported in connection with the foregoing events by or on behalf of the foregoing persons or the organizing committees of such events; articles to be used in exhibitions depicting the culture of a country participating in any such event; and, if consistent with the foregoing, such other articles as the Secretary of Treasury may allow............ Free No change Free On or before [1/ 1/2003] (b) Taxes and Fees Not To Apply.--The articles described in heading 9902.98.08 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) shall be free of taxes and fees which may be otherwise applicable. (c) No Exemption From Customs Inspections.--The articles described in heading 9902.98.08 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) shall not be free or otherwise exempt or excluded from routine or other inspections as may be required by the Customs Service. SEC. 2. EFFECTIVE DATE. The amendment made by this Act applies to articles entered, or withdrawn from warehouse, for consumption on or after the 15th day after the date of enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through January 1, 2003, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections.

{"src": "billsum_train", "title": "A bill to suspend temporarily the duty on the personal effects of participants in, and certain other individuals associated with, the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation and Quality Incentives Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in many parts of the United States, water supplies are insufficient to meet current or expected future demand during certain times of the year; (2) a number of factors (including growing populations, increased demands for food and fiber production, and new environmental demands for water) are placing increased demands on existing water supply sources; (3) increased water conservation, water quality enhancement, and more efficient use of water supplies could help meet increased demands on water sources; (4) in States that recognize rights to conserved water for persons who conserve it, irrigation suppliers, farmers, ranchers, and other users could gain rights to use conserved water while also increasing the quantity of water available for other beneficial uses by implementing measures to reduce water loss during transport to, or application on, the fields; (5) reducing the quantity of water lost during transport to the fields and improving water quality can help areas better meet changing population and economic needs; and (6) the role of the Federal Government in helping meet those changing water needs should be to provide financial assistance to help irrigators, farmers, and ranchers implement practical, cost-effective water quality and conservation measures. SEC. 3. USE OF STATE REVOLVING LOAN FUNDS FOR WATER CONSERVATION IMPROVEMENTS. Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (1) in the first sentence of subsection (c)-- (A) by striking ``and (3)'' and inserting ``(3)''; and (B) by inserting before the period at the end the following: ``, (4) for construction of water conservation improvements by eligible recipients under subsection (i)''; and (2) by adding at the end the following: ``(i) Water Conservation Improvements.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means a municipality, quasi-municipality, municipal corporation, special district, conservancy district, irrigation district, water users' association, tribal authority, intermunicipal, interstate, or State agency, nonprofit private organization, a member of such an association, authority, agency, or organization, or a lending institution, located in a State that has enacted laws that-- ``(A) provide a water user who invests in a water conservation improvement with a right to use water conserved by the improvement, as allowed by State law; ``(B) provide authority to reserve minimum flows of streams in the State; and ``(C) prohibit transactions that adversely affect existing water rights. ``(2) Financial assistance.--A State may provide financial assistance from its water pollution control revolving fund to an eligible recipient to construct a water conservation improvement, including-- ``(A) piping or lining of an irrigation canal; ``(B) wastewater and tailwater recovery or recycling; ``(C) irrigation scheduling; ``(D) water use measurement or metering; ``(E) on-field irrigation efficiency improvements; and ``(F) any other improvement that the State determines will provide water conservation benefits. ``(3) Voluntary participation.--The participation of an eligible recipient in the water conservation improvement shall be voluntary. ``(4) Use of conserved water.--The quantity of water conserved through the water conservation improvement shall be allocated in accordance with applicable State law, including any applicable State law requiring a portion of the conserved water to be used for instream flow enhancement or other conservation purposes. ``(5) Limitation on use for irrigated agriculture.-- Conserved water made available under paragraph (4) shall not be used to irrigate land that has not previously been irrigated unless the use is authorized by State law and will not diminish water quality.''. SEC. 4. USE OF STATE REVOLVING LOAN FUNDS FOR WATER QUALITY IMPROVEMENTS. Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as amended by section 3) is amended-- (1) in the first sentence of subsection (c), by inserting before the period at the end the following: ``, and (5) for construction of water quality improvements or practices by eligible recipients under subsection (j)''; and (2) by adding at the end the following: ``(j) Water Quality Improvements.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means a municipality, quasi-municipality, municipal corporation, special district, conservancy district, irrigation district, water users' association or member of such an association, tribal authority, intermunicipal, interstate, or State agency, nonprofit private organization, or lending institution. ``(2) Financial assistance.--A State may provide financial assistance from its water pollution control revolving fund to an eligible recipient to construct or establish water quality improvements or practices that the State determines will provide water quality benefits. ``(3) Voluntary participation.--The participation of an eligible recipient in the water quality improvements or practices shall be voluntary.''. SEC. 5. CONFORMING AMENDMENTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the period at the end the following: ``, and (4) for construction of water conservation and quality improvements by eligible recipients under subsections (i) and (j) of section 603''.

Water Conservation and Quality Incentives Act - Amends the Federal Water Pollution Control Act to authorize the use of State water pollution control revolving funds for assistance to eligible recipients for construction of water conservation improvements and of water quality improvements or practices. Defines "eligible recipients," for purposes of assistance for water conservation improvements, as specified parties located in a State that has enacted laws that: (1) provide a water user who invests in such an improvement with a right to use water conserved by the improvement; (2) provide authority to reserve minimum flows of streams; and (3) prohibit transactions that adversely affect existing water rights. Bars the use of water conserved through such improvements for the irrigation of land that has not been previously irrigated.

{"src": "billsum_train", "title": "Water Conservation and Quality Incentives Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Fishing Jobs Act of 2011''. SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. (a) Eligibility To Sign Petition.--Section 303A(c)(6)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(B)) is amended by striking ``For multispecies permits'' and all that follows through ``this subparagraph.''. (b) Initiation by Eligible Fishermen Under Certain Councils.-- Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as follows: ``(D) New england, mid-atlantic, south atlantic, and gulf initiation.-- ``(i) In general.--In the case of a fishery under the authority of the New England, Mid- Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, a fishery management plan or an amendment to a fishery management plan that would establish a limited access privilege program to harvest fish may not take effect unless-- ``(I) a petition requesting development of such program is submitted in accordance with clause (ii) and certified under clause (iii); ``(II) the appropriate Council makes available to eligible fishermen an estimate of the amount of the fee that would be collected under section 304(d)(2) if such program were established; and ``(III) not earlier than 90 days after the estimate required under subclause (II) has been made available, the proposed plan or amendment is approved by a vote of two-thirds of eligible fishermen in the fishery for which the program would be established. ``(ii) Petition.--A group of fishermen constituting more than 50 percent of eligible fishermen in a fishery may submit a petition to the Secretary requesting the development of a limited access privilege program for the fishery. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. ``(iii) Certification by secretary.--Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition are those of more than 50 percent of eligible fishermen in the fishery for which the program would be established, the Secretary shall certify the petition. ``(iv) Definition of eligible fishermen.-- For purposes of this subparagraph, the term `eligible fishermen' means holders of permits issued under a fishery management plan.''. SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. Section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the end the following: ``(j) Termination.-- ``(1) Programs in effect prior to 2012.--For any limited access privilege program for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council that was in effect on the date of enactment of the Saving Fishing Jobs Act of 2011, not later than 30 days after such date, the Secretary shall determine if the number of eligible fishermen in the fishery on such date is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established. ``(2) Other programs.--For any limited access privilege program for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council established after the date of the enactment of the Saving Fishing Jobs Act of 2011, 1 year after the date such program is established, the Secretary shall determine if the number of eligible fishermen in the fishery on the date that is 1 year after the date the program is established is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established. ``(3) Termination.--If the Secretary determines under paragraph (1) or (2) that the number of eligible fishermen in a fishery is at least 15 percent less than the number of eligible fishermen previously in the fishery-- ``(A) the appropriate limited access privilege program shall terminate on the date that is 1 year after the date the Secretary made the determination; and ``(B) during the 1-year period referred to in subparagraph (A), the appropriate Council shall develop an alternative Fishery Management Plan for the fishery that shall be effective on the date of the termination of the program under subparagraph (A). ``(4) Definition of eligible fishermen.--In this subsection, the term `eligible fishermen' has the meaning given the term in subsection (c)(6)(D)(iv).''. SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end the following: ``(D) In the case of a fee collected under this paragraph for a limited access privilege program established under section 303A(c)(6)(D) after the date of the enactment of the Saving Fishing Jobs Act of 2011-- ``(i) the fee shall be in an amount sufficient to recover all costs of such program, including observer costs; and ``(ii) the 3 percent limitation in subparagraph (B) shall not apply with respect to such fee.''.

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

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

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION. (a) Short Title.--This section may be cited as the ``Yellowstone Buffalo Preservation Act''. (b) Findings.--Congress finds the following: (1) More than any other animal, the American buffalo (Bison bison) is a wildlife icon of the United States. The American buffalo is the symbol that represents the Department of the Interior. The American buffalo is profoundly significant to Native American cultures and, perhaps more than any other wildlife species, has influenced our history. (2) The American buffalo is still under assault, as it was in the late 19th Century when it was nearly exterminated. At the end of the great slaughter, in which tens of millions of buffalo were killed, only a few hundred wild buffalo remained in the Nation and all were located in Yellowstone National Park. Due to poaching, their numbers were reduced to 25 by the year 1900. (3) The offspring of the 25 survivors comprise the Yellowstone buffalo herd and are the only wild, free-roaming American buffalo to continuously occupy their native habitat in the United States. (4) The Yellowstone buffalo herd is genetically unique. Unlike captive ranched buffalo, which are now relatively common, the Yellowstone buffalo herd has never interbred with cattle and has retained its wild character. (5) Because the Park lacks extensive low-elevation winter habitat that provides bison and elk with access to winter forage, wildlife migrate from the high elevation plateau of Yellowstone National Park to lower elevation habitat adjacent to the Park in winter and spring. (6) The Yellowstone buffalo herd was exposed to the bacterium Brucella abortus, which can cause the disease brucellosis, in 1917. Brucellosis is only transmitted through animal ingestion of contaminated reproductive products. Brucellosis can cause abortions in infected animals, but only infectious females who have the bacteria in their reproductive system represent any potential threat of transmission. The risk of transmission between wild buffalo and cattle was deemed low in a 1992 General Accounting Office report, and again in a 1998 National Research Council study. In fact, there has never been a confirmed incidence of brucellosis transmission in the wild from buffalo to cattle. Buffalo with brucellosis and cattle have grazed together for over 50 years in the Jackson Hole area south of Yellowstone without any incident of disease transmission. Despite these facts, the National Park Service, the United States Forest Service, and the State of Montana Department of Livestock haze, capture, and kill members of the Yellowstone buffalo herd in an attempt to keep them unnaturally confined within Yellowstone National Park. At the same time, approximately 13,000 Yellowstone elk, some of which also harbor brucellosis, are allowed unfettered access to Federal land outside the Park. Since 1984, nearly 3,700 American buffalo have been killed in Montana as a result of this policy. In the winter of 2002-2003, 244 buffalo were killed by the Federal and State agencies, including 231 buffalo which were captured and slaughtered by the National Park Service. (7) The key lower elevation habitat needed by American buffalo is primarily on Gallatin National Forest lands adjacent to the north and west sides of the Park. On the north side, taxpayers spent $13,000,000 in 1999 for a private-Federal land exchange intended to make low elevation habitat adjacent to the Yellowstone River accessible to the Yellowstone buffalo herd and other wildlife. The land exchange has not yet been finalized by Federal agencies and therefore key habitat is not available to the Yellowstone buffalo herd. (8) On the west side of the Park, the Horse Butte peninsula provides prime wildlife habitat for grizzly bears, trumpeter swans, bald eagles, wolves, and buffalo. The peninsula comprises approximately 10,000 acres of primarily Gallatin National Forest Federal lands extending into Hebgen Lake. (9) National Park Service lands have been set aside for the conservation of resources and values and for the enjoyment and use of all citizens. The Federal lands adjacent to the Park represent some of the most valuable and important wildlife habitat in the lower forty-eight states. They are integrally connected to the health of wildlife residing seasonally in our Nation's oldest national park. Together, the Park and the adjacent Federal lands provide some of our Nation's richest opportunities for recreation, wildlife viewing, family camping, wildlife conservation, fishing, and other recreational and sporting activities. These Federal lands should be preferentially managed to sustain this rich and diverse wildlife resource and to provide the public with enjoyment of this National treasure. (c) Purpose.--The purpose of this Act is to provide for the protection of the Yellowstone buffalo herd by allowing the Yellowstone buffalo herd to freely roam Federal lands outside of the Park. The Federal lands that are affected by this Act are those within the Park and adjacent to it on the north and west boundaries as indicated by zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of the 2000 Bison Management Plan for the State of Montana and Yellowstone National Park Final Environmental Impact Statement. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Hazing.--The term ``hazing'' means any individual effort to drive away, obstruct, chase, scare, or deter natural movements of wildlife, including hazing efforts carried out on foot or horseback or efforts aided by machinery, aircraft, or any type of noise-making device. (2) Individual.--The term ``individual'' means any person representing a State or Federal Government. (3) Park.--The term ``Park'' means Yellowstone National Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Yellowstone buffalo herd.--The term ``Yellowstone buffalo herd'' means the wild, free roaming, unfenced buffalo living primarily within Yellowstone National Park. (e) Prohibited Acts; Criminal Penalties.-- (1) Prohibited acts.--No individual may kill, haze, or capture any buffalo on Federal land or land held under Federal conservation easements or use any form of bait to lure buffalo from any Federal land onto private land until the duties under subsection (f) are carried out. (2) Penalties.-- (A) Initial violation.--Any individual found to be in violation of paragraph (1) for the first time shall be fined not more than $5,000 or imprisoned not more than 1 year or both. (B) Subsequent violations.--Any individual found to be in violation of paragraph (1) after the first such finding shall be fined not more than $10,000 or imprisoned not more than 2 years or both. (C) Reward.--One half of any fine collected under this subsection or $2,500, whichever is less, shall be paid to any person or persons giving information which leads to conviction of a violation of this subsection. (D) Exception.--This subsection shall not apply to a person that is found to have been hazing a buffalo if the person is physically endangered or private property was damaged by a buffalo. (f) Duties.--The Secretary and other appropriate Federal agencies shall ensure that the following is accomplished not later than 3 years after the date of the enactment of this Act: (1) The Yellowstone buffalo herd is allowed to freely roam the Park and the Federal lands adjacent to Yellowstone National Park on the north and west boundaries as indicated by zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of the 2000 Bison Management Plan for the State of Montana and Yellowstone National Park Final Environmental Impact Statement without being hazed. These lands shall be made available preferentially for buffalo and wildlife use. (2) Management authority of the Yellowstone buffalo herd within the Park is under the sole jurisdiction of the National Park Service. (3) The land exchange described in section 1(b)(7) with the private property owner has been finalized, as set forth in the agreement executed in 1999, so that the Yellowstone buffalo herd may freely roam the lands described in paragraph (1). (4) The National Park Service has disassembled the Stephens Creek Buffalo Capture Facility. (5) The Secretary has made every effort practicable to allow the Yellowstone buffalo herd to freely roam Federal lands through incentives and cooperative efforts with adjacent private landowners, including through acquisition, easement, cattle vaccination, and landowner agreement pertaining to temporal and spatial separation of livestock from the Yellowstone buffalo herd.

Yellowstone Buffalo Preservation Act - Prohibits an individual from killing, hazing, or capturing any buffalo on Federal lands or land held under Federal conservation easements or using any form of bait to lure buffalo from any Federal land onto private land until the Secretary of the Interior and other appropriate Federal agencies carry out specified duties. Establishes fines and criminal penalties for violations of this Act.

{"src": "billsum_train", "title": "To provide for the protection of the last remaining herd of wild and genetically pure American buffalo."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Opioid Abuse for Care in Hospitals Act of 2018'' or the ``COACH Act of 2018''. SEC. 2. DEVELOPING GUIDANCE ON PAIN MANAGEMENT AND OPIOID USE DISORDER PREVENTION FOR HOSPITALS RECEIVING PAYMENT UNDER PART A OF THE MEDICARE PROGRAM. (a) In General.--Not later than January 1, 2019, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop and publish on the public website of the Centers for Medicare & Medicaid Services guidance for hospitals receiving payment under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid use disorder prevention strategies with respect to individuals entitled to benefits under such part. (b) Consultation.--In developing the guidance described in subsection (a), the Secretary shall consult with relevant stakeholders, including-- (1) medical professional organizations; (2) providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)); (3) health care consumers or groups representing such consumers; and (4) other entities determined appropriate by the Secretary. (c) Contents.--The guidance described in subsection (a) shall include, with respect to hospitals and individuals described in such subsection, the following: (1) Best practices regarding evidence-based screening and practitioner education initiatives relating to screening and treatment protocols for opioid use disorder, including-- (A) methods to identify such individuals at-risk of opioid use disorder, including risk stratification; (B) ways to prevent, recognize, and treat opioid overdoses; and (C) resources available to such individuals, such as opioid treatment programs, peer support groups, and other recovery programs. (2) Best practices for such hospitals to educate practitioners furnishing items and services at such hospital with respect to pain management and substance use disorders, including education on-- (A) the adverse effects of prolonged opioid use; (B) non-opioid, evidence-based, non-pharmacological pain management treatments; (C) monitoring programs for individuals who have been prescribed opioids; and (D) the prescribing of naloxone along with an initial opioid prescription. (3) Best practices for such hospitals to make such individuals aware of the risks associated with opioid use (which may include use of the notification template described in paragraph (4)). (4) A notification template developed by the Secretary, for use as appropriate, for such individuals who are prescribed an opioid that-- (A) explains the risks and side effects associated with opioid use (including the risks of addiction and overdose) and the importance of adhering to the prescribed treatment regimen, avoiding medications that may have an adverse interaction with such opioid, and storing such opioid safely and securely; (B) highlights multimodal and evidence-based non- opioid alternatives for pain management; (C) encourages such individuals to talk to their health care providers about such alternatives; (D) provides for a method (through signature or otherwise) for such an individual, or person acting on such individual's behalf, to acknowledge receipt of such notification template; (E) is worded in an easily understandable manner and made available in multiple languages determined appropriate by the Secretary; and (F) includes any other information determined appropriate by the Secretary. (5) Best practices for such hospital to track opioid prescribing trends by practitioners furnishing items and services at such hospital, including-- (A) ways for such hospital to establish target levels, taking into account the specialties of such practitioners and the geographic area in which such hospital is located, with respect to opioids prescribed by such practitioners; (B) guidance on checking the medical records of such individuals against information included in prescription drug monitoring programs; (C) strategies to reduce long-term opioid prescriptions; and (D) methods to identify such practitioners who may be over-prescribing opioids. (6) Other information the Secretary determines appropriate, including any such information from the Opioid Safety Initiative established by the Department of Veterans Affairs or the Opioid Overdose Prevention Toolkit published by the Substance Abuse and Mental Health Services Administration. SEC. 3. REQUIRING THE REVIEW OF QUALITY MEASURES RELATING TO OPIOIDS AND OPIOID USE DISORDER TREATMENTS FURNISHED UNDER THE MEDICARE PROGRAM AND OTHER FEDERAL HEALTH CARE PROGRAMS. (a) In General.--Section 1890A of the Social Security Act (42 U.S.C. 1395aaa-1) is amended by adding at the end the following new subsection: ``(g) Technical Expert Panel Review of Opioid and Opioid Use Disorder Quality Measures.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall establish a technical expert panel for purposes of reviewing quality measures relating to opioids and opioid use disorders, including care, prevention, diagnosis, health outcomes, and treatment furnished to individuals with opioid use disorders. The Secretary may use the entity with a contract under section 1890(a) and amend such contract as necessary to provide for the establishment of such technical expert panel. ``(2) Review and assessment.--Not later than 1 year after the date the technical expert panel described in paragraph (1) is established (and periodically thereafter as the Secretary determines appropriate), the technical expert panel shall-- ``(A) review quality measures that relate to opioids and opioid use disorders, including existing measures and those under development; ``(B) identify gaps in areas of quality measurement that relate to opioids and opioid use disorders, and identify measure development priorities for such measure gaps; and ``(C) make recommendations to the Secretary on quality measures with respect to opioids and opioid use disorders for purposes of improving care, prevention, diagnosis, health outcomes, and treatment, including recommendations for revisions of such measures, need for development of new measures, and recommendations for including such measures in the Merit-Based Incentive Payment System under section 1848(q), the alternative payment models under section 1833(z)(3)(C), the shared savings program under section 1899, the quality reporting requirements for inpatient hospitals under section 1886(b)(3)(B)(viii), and the hospital value-based purchasing program under section 1886(o). ``(3) Consideration of measures by secretary.--The Secretary shall consider-- ``(A) using opioid and opioid use disorder measures (including measures used under the Merit-Based Incentive Payment System under section 1848(q), measures recommended under paragraph (2)(C), and other such measures identified by the Secretary) in alternative payment models under section 1833(z)(3)(C) and in the shared savings program under section 1899; and ``(B) using opioid measures described in subparagraph (A), as applicable, in the quality reporting requirements for inpatient hospitals under section 1886(b)(3)(B)(viii),and in the hospital value- based purchasing program under section 1886(o). ``(4) Prioritization of measure development.--The Secretary shall prioritize for measure development the gaps in quality measures identified under paragraph (2)(B).''. (b) Expedited Endorsement Process for Opioid Measures.--Section 1890(b)(2) of the Social Security Act (42 U.S.C. 1395aaa(b)(2)) is amended by adding at the end the following new flush sentence: ``Such endorsement process shall, as determined practicable by the entity, provide for an expedited process with respect to the endorsement of such measures relating to opioids and opioid use disorders.''. SEC. 4. TECHNICAL EXPERT PANEL ON REDUCING SURGICAL SETTING OPIOID USE; DATA COLLECTION ON PERIOPERATIVE OPIOID USE. (a) Technical Expert Panel on Reducing Surgical Setting Opioid Use.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall convene a technical expert panel, including medical and surgical specialty societies and hospital organizations, to provide recommendations on reducing opioid use in the inpatient and outpatient surgical settings and on best practices for pain management, including with respect to the following: (A) Approaches that limit patient exposure to opioids during the perioperative period, including pre- surgical and post-surgical injections, and that identify such patients at risk of opioid use disorder pre-operation. (B) Shared decision making with patients and families on pain management, including recommendations for the development of an evaluation and management code for purposes of payment under the Medicare program under title XVIII of the Social Security Act that would account for time spent on shared decision making. (C) Education on the safe use, storage, and disposal of opioids. (D) Prevention of opioid misuse and abuse after discharge. (E) Development of a clinical algorithm to identify and treat at-risk, opiate-tolerant patients and reduce reliance on opioids for acute pain during the perioperative period. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and make public a report containing the recommendations developed under paragraph (1) and an action plan for broader implementation of pain management protocols that limit the use of opioids in the perioperative setting and upon discharge from such setting. (b) Data Collection on Perioperative Opioid Use.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that contains the following: (1) The diagnosis-related group codes identified by the Secretary as having the highest volume of surgeries. (2) With respect to each of such diagnosis-related group codes so identified, a determination by the Secretary of the data that is both available and reported on opioid use following such surgeries, such as with respect to-- (A) surgical volumes, practices, and opioid prescribing patterns; (B) opioid consumption, including-- (i) perioperative days of therapy; (ii) average daily dose at the hospital, including dosage greater than 90 milligram morphine equivalent; (iii) post-discharge prescriptions and other combination drugs that are used before intervention and after intervention; (iv) quantity and duration of opioid prescription at discharge; and (v) quantity consumed and number of refills; (C) regional anesthesia and analgesia practices, including pre-surgical and post-surgical injections; (D) naloxone reversal; (E) post-operative respiratory failure; (F) information about storage and disposal; and (G) such other information as the Secretary may specify. (3) Recommendations for improving data collection on perioperative opioid use, including an analysis to identify and reduce barriers to collecting, reporting, and analyzing the data described in paragraph (2), including barriers related to technological availability. SEC. 5. REQUIRING THE POSTING AND PERIODIC UPDATE OF OPIOID PRESCRIBING GUIDANCE FOR MEDICARE BENEFICIARIES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall post on the public website of the Centers for Medicare & Medicaid Services all guidance published by the Department of Health and Human Services on or after January 1, 2016, relating to the prescribing of opioids and applicable to opioid prescriptions for individuals entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) or enrolled under part B of such title of such Act (42 U.S.C. 1395j et seq.). (b) Update of Guidance.-- (1) Periodic update.--The Secretary shall, in consultation with the entities specified in paragraph (2), periodically (as determined appropriate by the Secretary) update guidance described in subsection (a) and revise the posting of such guidance on the website described in such subsection. (2) Consultation.--The entities specified in this paragraph are the following: (A) Medical professional organizations. (B) Providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)). (C) Health care consumers or groups representing such consumers. (D) Other entities determined appropriate by the Secretary. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Combating Opioid Abuse for Care in Hospitals Act of 2018 or the COACH Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish guidance for hospitals on pain management and opioid-use disorder prevention strategies for Medicare beneficiaries. (Sec. 3) The CMS must also convene a technical expert panel to recommend opioid and opioid-use disorder quality measures for possible use in hospital payment and reporting models under Medicare. (Sec. 4) The Department of Health and Human Services must: (1) convene a technical expert panel to recommend ways to reduce opioid use in surgical settings and best practices for pain management, specifically during the perioperative (pre-operative through post-operative) period; and (2) report on diagnosis-related group codes that have the highest volume of surgeries and the availability of associated data regarding post-operative opioid use, including prescription patterns and rates of consumption. (Sec. 5) The CMS must also publish and periodically update all guidance issued since January 1, 2016, related to the prescription of opioids for Medicare beneficiaries.

{"src": "billsum_train", "title": "Combating Opioid Abuse for Care in Hospitals Act of 2018"}

SECTION 1. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CERTAIN ON- SITE DAY-CARE FACILITIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end thereof the following new section: ``SEC. 45A. EMPLOYER ON-SITE DAY-CARE FACILITY CREDIT. ``(a) In General.--For purposes of section 38, the employer on-site day-care facility credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified investment in property placed in service during such taxable year as part of a qualified day-care facility. ``(b) Limitation.--The credit allowable under subsection (a) with respect to any qualified day-care facility shall not exceed $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified investment.--The term `qualified investment' means the amount paid or incurred to acquire, construct, rehabilitate, or expand property-- ``(A) which is to be used as part of a qualified day-care facility, and ``(B) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable. Such term includes only amounts properly chargeable to capital account. ``(2) Qualified day-care facility.-- ``(A) In general.--The term `qualified day-care facility' means a facility-- ``(i) operated by an employer to provide dependent care assistance for enrollees, at least 30 percent of whom are dependents of employees of employers to which a credit under subsection (a) with respect to the facility is allowable, ``(ii) the principal use of which is to provide dependent care assistance described in clause (i), ``(iii) located on the premises of such employer, ``(iv) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including, but not limited to, the licensing of the facility as a day-care facility, and ``(v) the use of which (or the eligibility to use) does not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). ``(B) Multiple employers.--With respect to a facility jointly operated by more than 1 employer, the term `qualified day-care facility' shall include any facility located on the premises of 1 employer and within a reasonable distance from the premises of the other employers. ``(d) Recapture of Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified day- care facility, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified on-site day-care expenses of the taxpayer with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event percentage is: occurs in: Years 1-3...................................... 100 Year 4......................................... 85 Year 5......................................... 70 Year 6......................................... 55 Year 7......................................... 40 Year 8......................................... 25 Years 9 and 10................................. 10 Years 11 and thereafter........................ 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified day-care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified day-care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified day-care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified day-care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(e) Special Allocation Rules.--For purposes of this section-- ``(1) Allocation in case of multiple employers.--In the case of multiple employers jointly operating a qualified day- care facility, the credit allowable by this section to each such employer shall be its proportionate share of the qualified on-site day-care expenses giving rise to the credit. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(f) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under paragraph (1), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (d). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Termination.--This section shall not apply to taxable years beginning after December 31, 1996.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking out ``plus'' at the end of paragraph (7), (B) by striking out the period at the end of paragraph (8), and inserting in lieu thereof a comma and ``plus'', and (C) by adding at the end thereof the following new paragraph: ``(9) the employer on-site day-care facility credit determined under section 45A.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end thereof the following new item: ``Sec. 45A. Employer on-site day-care facility credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to make available to an employer an income tax credit for expenses paid or incurred to acquire, construct, rehabilitate, or expand a qualified on-site day care facility operated by the employer for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Terminates the credit after December 31, 1996.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit against tax for employers who provide on-site day-care facilities for dependents of their employees, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Space Access Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has been the preeminent leader in human spaceflight for nearly 50 years. Under NASA's leadership, this Nation has engaged many countries, including former adversaries, in a series of peaceful space missions that have contributed to mutual trust and understanding that continue to this day. (2) The planning and development of the International Space Station (ISS) is the culmination of many of these collaborations, bringing together through NASA's leadership a number of foreign partners to invest and participate in its construction and operation. It is the most technologically challenging and complex project ever undertaken. The United States has been the largest contributor, having invested tens of billions of dollars developing, building, and transporting components of the International Space Station to orbit. (3) One of the guiding principles articulated in National Security Presidential Directive 49, United States National Space Policy, states, ``The United States considers space capabilities--including the ground and space segments and supporting links--vital to its national interests. Consistent with this policy, the United States will preserve its rights, capabilities, and freedom of action in space; dissuade or deter others from either impeding those rights or developing capabilities intended to do so; take those actions necessary to protect its space capabilities; respond to interference; and deny, if necessary, adversaries the use of space capabilities hostile to U.S. national interests''. (4) The International Space Station is nearing completion, with remaining ISS construction missions scheduled to be concluded in 2010. The Station's crew size will increase to 6, enabling the full utilization of its laboratories and research facilities in a microgravity environment for the decade to come. Routine and assured access to the Station is critical if we are to capitalize on our investment. (5) In January 2004, the President directed NASA to honor our international commitments to complete the assembly of the International Space Station and retire the Space Shuttle by 2010. The directive also called for the development of a new system to enable astronauts to travel beyond low Earth orbit. This system, the Constellation System, consisting of the Orion crew exploration vehicle and Ares launch vehicle, would also be capable of traveling to the International Space Station but would not be available until 4 years after the projected retirement of the Space Shuttle. This plan was ratified by Congress in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109-155). (6) Other nations are now investing heavily to develop manned spaceflight and robotic capabilities. During the planned gap following retirement of the Space Shuttle, these nations are expected to enhance their space capabilities, jeopardizing our Nation's preeminence and our ability to influence other space-faring nations, contrary to the national policy (National Security Presidential Directive 49). United States influence in world affairs and our ability to shape future peaceful uses in space will be imperiled. (7) Congress believes it is imperative that NASA reduce our Nation's dependence on foreign launch providers to access the International Space Station. The planned gap has expanded to 5 years, and if development problems are encountered, the gap will continue to widen. A 5-year or more gap is too long to rely on other nations to access the International Space Station, the bulk of which we have provided. (8) Unless Space Shuttle operations are extended beyond 2010, the United States will be heavily reliant on Russia to supply crew and possibly cargo transport services to the International Space Station during the gap period of 2010 through 2015. There is no other proven and reliable means of transporting our astronauts into space during this period. (9) The United States should not increase its reliance on Russia to transport American astronauts into space, given the increasingly divergent views and posturing from Russia. Russia opposes the United States plan to base an antimissile radar system in the Czech Republic and interceptor missiles in Poland to counter the threat posed by the Iranian nuclear weapons and missile programs. Russia also suspended its participation in the Conventional Forces in Europe (CFE) treaty, one of the most significant arms control agreements of the Cold War years. Additionally, Russia continues to arm some of America's adversaries. Despite United States objections, Russia provided billions of dollars worth of weapons to the regime of Hugo Chavez in Venezuela in 2006. Such meddling is a possible violation of the Monroe Doctrine and a throwback to the Cold War era. Even more troublesome is the Russian history of weapons trading with Iran. Russia has supplied advanced conventional arms technology, missile technology, and nuclear technologies to this very anti-American regime. (10) In the late 1990s, Russia fell short in fulfilling its commitment to the International Space Station. (11) NASA was forced to transfer hundreds of millions of dollars to enable the Russians to complete the critical Space Station service module Zvezda, without which the International Space Station could not operate. (12) Russia delayed completion of the Zvezda service module for several years. Under the International Space Station agreement, the Russian government had committed to fund as well as build the Zvezda service module. Subsequent transfers from the United States, in order to complete the module, reflect serious Russian mismanagement in the field of space. (13) In 2000, while Russia was failing to meet its commitment to the International Space Station, Russia was diverting financial and human resources away from fulfilling its International Space Station commitments in order to keep the Russian's Mir Space Station aloft. (14) Russia's past shortcomings in fulfilling commitments to its international space partners should serve as a warning to the United States as we consider increased reliance on Russian space services in the future. It is not prudent for the United States to depend on Russia for access to space given our past experience with this relationship. (15) The United States has already invested tens of billions of dollars in the International Space Station program since its inception. (16) There is much research of great value being conducted in space, and on the International Space Station, that may yield tremendous gains. Research conducted on the International Space Station may help scientists back on Earth develop medicines to treat diseases and help us better understand the Earth's climate. Many scientists believe that the microgravity environment of space will enable the development of new drugs, vaccines, and other therapies. Equipment on the International Space Station will monitor stratospheric gases, and investigate ozone chemistry. (17) To ensure that the United States realizes the dividends from the considerable investment we have made in the International Space Station, we need to ensure continued access to space for our astronauts. However, NASA's plan for transport of crew to and from the International Space Station fails to provide necessary redundancies to provide assured access to space. (18) NASA anticipates that the Russian Soyuz spacecraft will be the only vehicle for astronaut crew rotation to the International Space Station after 2010. From 2011 until the planned operation of Orion in 2015, NASA likely has no other option for transporting American astronauts to space other than on Russian vehicles. (19) Due to NASA's lack of a backup plan for reliance on the Russians for transport of American astronauts to space, the United States needs a better approach. The best approach is the Space Shuttle, a proven, domestic source of space transport for assured access to space, including the International Space Station, for crew and cargo transport. (20) With 2 Shuttle missions per year during the human spaceflight program flight gap between Shuttle and Orion, currently scheduled from 2010 through 2015, we can replace our need to rely on the Russians for crew rotation for the International Space Station. (21) Savings from replacing Russian transport services to the International Space Station with the Space Shuttle would pay for a portion of the costs for flying 2 Space Shuttle missions per year. (22) Only by closing the gap between 2010 and 2015, or until the Orion is operational, will our Nation be able to keep our Nation's highly skilled and critically important spaceworkers and engineers gainfully employed, and mitigate the loss of critical skills. (23) By extending Space Shuttle operations, NASA may realize considerable savings by no longer having to pay retention bonuses to critical space workers. But retention bonuses would not be the only added costs associated with the end of Space Shuttle operations when critical skilled workers leave NASA or its contractors. Recruitment incentives for new workers and contract cost increases could also be incurred by NASA since the majority of the Kennedy Space Center's workforce are contractors. (24) The success of the Constellation program will depend on having the most skilled and experienced workforce possible. The workforce gap, as currently envisioned by NASA, will jeopardize this. NASA has acknowledged that thousands of critical space workers will lose their jobs in the transition from the Space Shuttle to the Constellation program. Continued operation of the Space Shuttle, but on a reduced flight requirement, while also integrating these workers into the Orion program, is the best way to retain many of these critical workers and skill sets. (25) An August 2007 study by the Government Accountability Office, ``NASA Progress Made on Strategic Human Capital Management, but Future Program Challenges Remain,'' stated that ``the agency as a whole faces challenges in recruiting and retaining highly experienced senior-level engineers in certain specialties. NASA's principal workforce challenge will be faced in the transition to the next generation of human space flight systems.''. SEC. 3. EXTENDING SPACE SHUTTLE OPERATIONS. (a) Use of Space Shuttle for Access to Space.--NASA shall fly not less than 2 Space Shuttle missions per year for crew transport, instead of purchasing Russian crew and cargo services, for the period beginning in 2010 and ending-- (1) in 2015; (2) when Orion is operational; or (3) when NASA has certified the safe operation of an available United States commercial capability, whichever occurs first. There are authorized to be appropriated to NASA such sums as may be necessary, in addition to amounts otherwise authorized, to carry out this subsection. (b) Insufficient Funding.--Except as provided under subsection (c), the requirements of this Act shall have effect only to the extent that sufficient funding is appropriated, as authorized under subsection (a). Sufficient funding is defined as funds required to fully or partially comply with the requirements of this Act. (c) Report to Congress.--NASA shall report to Congress not later than 90 days after the date of enactment of this Act on the specific costs and actions needed to extend the operation of the Space Shuttle in accordance with this Act. (d) Operational Efficiencies.--As soon as possible, but no later than March 31, 2011, NASA shall investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge the safe operation of the Space Shuttle program, including the following: (1) The possible retirement of one Space Shuttle orbiter, leaving 2 to remain operational, in a manner that ensures the safe operation of the Space Shuttle program. (2) Significantly reducing changes to the design of the Space Shuttle orbiters, in a manner that ensures the safe operation of the Space Shuttle program. This shall include changes to the Space Shuttle software systems. (3) Significantly reducing Space Shuttle orbiter configuration operations and payload configuration operations, in a manner that ensures the safe operation of the Space Shuttle program. (4) Maximizing the use of shared personnel between the continued operation of the Space Shuttle and Constellation and other NASA programs. (e) Facilities.--If conflicts arise in NASA's efforts to allocate facilities, personnel, and other resources in order to fly the Space Shuttle as well as continue the development of Constellation, then NASA shall identify in a report to Congress in advance such conflicts, along with recommendations as to how they can be mitigated. SEC. 4. EXPEDITING CONSTELLATION. (a) Report to Congress.--Not later than 3 months after the date of enactment of this Act, NASA shall report to Congress on the amount of funding needed to expedite the schedule of the Orion Crew Exploration Vehicle and the Ares I Crew Vehicle and associated ground support systems. Such report shall-- (1) contain a description and timeline for an expedited schedule to bring Orion and Ares I on line sooner; and (2) outline the additional funding needed to achieve this expedited schedule. (b) Authorization of Approprations.--There are authorized to be appropriated to NASA such sums as may be necessary to achieve the goals of this section. Such funding shall be in addition to any funding needed to continue operations of the Shuttle beyond 2010.

American Space Access Act - Requires the National Aeronautics and Space Administration (NASA) to annually fly at least two Space Shuttle missions for crew transport into space, instead of purchasing Russian crew and cargo services, for the period beginning in 2010 and ending: (1) in 2015; (2) when the Orion crew exploration vehicle is operational; or (3) when NASA has certified the safe operation of an available U.S. commercial capability, whichever occurs first. Directs NASA, not later than March 31, 2011, to investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge on the safe operation of the Space Shuttle program. Requires NASA to report to Congress on: (1) the costs and actions needed to extend the operation of the Space Shuttle in accordance with this Act; and (2) the amount of funding needed to expedite the schedule of the Orion crew exploration vehicle and the Ares I crew exploration vehicle and associated ground support systems under the Constellation program.

{"src": "billsum_train", "title": "To authorize the Space Shuttle to be flown from 2010 through 2015, and to authorize appropriations for the National Aeronautics and Space Administration for this purpose."}

SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE FLATHEAD IRRIGATION PROJECT, MONTANA. (a) Purpose.--The purpose of this Act is to preserve and protect the viability and sustainability of the family farms and ranches of the Jocko Valley, Camas Valley, and Mission Valley, Montana, through the transfer of responsibility for operation and maintenance of the Irrigation Division of the Flathead Irrigation Project, Montana, without having any effect on the negotiation or adjudication of water rights, including those of the tribe. (b) Definitions.--In this Act: (1) Contract.--The term ``contract'' means the contract under subsection (c). (2) Irrigation district.--The term ``irrigation district'' means 1 or more irrigation districts organized in accordance with the paragraph relating to the irrigation systems on the Flathead Indian Reservation, Montana, under the subheading ``irrigation and drainage'' under the heading ``BUREAU OF INDIAN AFFAIRS'' in the Act of May 10, 1926 (44 Stat. 464, chapter 277). (3) Project.--The term ``project'' means the Irrigation Division of the Flathead Irrigation Project constructed under section 14 of the Act of April 23, 1904 (33 Stat. 305, chapter 1495), and section 14 of the Act of May 29, 1908 (35 Stat. 450, chapter 216). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Confederated Salish and Kootenai Tribes of the Flathead Nation, a federally recognized tribe organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 476). (c) Contract.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall offer to enter into a contract with the irrigation district under which the irrigation district will operate and manage the project, including all rights and powers exercised by the Secretary in the operation of the project, including the right to use permanent easements purchased under the Act of May 25, 1948 (62 Stat. 269, chapter 340). (2) Contract provisions.--The contract shall contain provisions that-- (A)(i) identify the trust responsibilities of the United States to the Tribe that are affected by the operation and maintenance of the Irrigation Division; and (ii) ensure that the United States will be able to fulfill those responsibilities; (B) ensure that in operating and maintaining the project, the irrigation district will maintain the interim instream flows established by the Bureau of Indian Affairs to preserve fisheries pending adjudication of water rights and, thereafter, as required by any rulings made in connection with the adjudication or related negotiation; (C) ensure that obligations in existence on the date of enactment of this Act governing the repayment of the construction costs of the project are continued unaffected by this Act and the contract, if the irrigation district makes an accelerated payment of $1,000,000 on the repayment contract between the irrigation district and the United States not later than December 31, 2001; (D) amend the repayment contracts in effect on the date of enactment of this Act between the irrigation district and the United States to provide that net revenues from the operation of the Power Division of the project will not be used to pay operation and maintenance costs of the Irrigation Division; and (E) provide for revocation of the contract and of the right of the irrigation district to operate and maintain the project if a court of the United States finds that the irrigation district has operated and persists in operating the project in a manner that willingly and knowingly damages tribal trust assets. (3) Protection of tribal trust assets.--For the purpose of paragraph (2)(E)-- (A) operation of the project as the project was operated by the Bureau of Indian Affairs plan of operations in effect on October 31, 1997, shall be presumed to provide adequate protection of tribal trust assets and shall not be considered to damage those assets; and (B) any changes in operation required as a result of new information, changes in administrative policies or decisions, judicial decisions, or negotiations shall not be a ground for revocation of the contract unless the irrigation district refuses to conform the operation and maintenance of the project to the requirements of the new information, administrative policies and decisions, judicial decisions, or negotiations. (d) Timing.--The Secretary shall commence negotiations with the irrigation district as soon as practicable to enable the Secretary and the irrigation district to enter into a contract not later than 1 year after the date of enactment of this Act. (e) Property Rights.-- (1) In general.--Under the contract, the Secretary shall transfer to the irrigation district ownership of all equipment, machinery, office supplies, and other supplies and equipment paid for with operation and maintenance funds related to the project. (2) Inventory list.--The Secretary shall provide the irrigation district an inventory list of all supplies and equipment at the project as of the date of enactment of this Act that were purchased with operation and maintenance funds. (3) Real property.--Under the contract, the Secretary shall not transfer to the irrigation district ownership of-- (A) any real property right to land or an interest in land; or (B) any water right. (f) Water Rights.--This Act does not affect the negotiation of water rights between the State of Montana, the United States, and the Tribe.

Directs the Secretary of the Interior, within one year after the enactment of this Act, to offer to enter into a contract with the irrigation district for the Flathead Indian Reservation, Montana, under which the district will operate and manage the Flathead Indian Irrigation Project, including the right to use permanent easements purchased under a prior Act. Outlines contract requirements, including U.S. fulfillment of trust responsibilities to such Tribe, the maintenance of water flows, and the continuation of certain existing cost repayment obligations.

{"src": "billsum_train", "title": "A bill to provide for the preservation and sustainability fo the family farm through the transfer of responsibility for operation and maintenance of the Flathead Irrigation Project, Montana."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zimbabwe Democracy and Economic Recovery Amendment Act of 2018''. SEC. 2. RECONSTRUCTION AND REBUILDING OF ZIMBABWE. Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (22 U.S.C. 2151 note; Public Law 107-99) is amended by striking ``and restore the rule of law'' and inserting ``restore the rule of law, reconstruct and rebuild Zimbabwe, and come to terms with the past through a process of genuine reconciliation that acknowledges past human rights abuses and orders inquiries into disappearances, including the disappearance of human rights activists, such as Patrick Nabanyama, Itai Dzamara, and Paul Chizuze''. SEC. 3. FINDINGS. Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in paragraph (1), by striking ``costly deployment of troops to the Democratic Republic of the Congo'' and inserting ``private appropriation of public assets''; and (2) by adding at the end the following: ``(6) In October 2016, the Government of Zimbabwe cleared a small hurdle in its longstanding public sector arrears with the IMF.''. SEC. 4. PROVISIONS RELATED TO MULTILATERAL DEBT RELIEF AND OTHER FINANCIAL ASSISTANCE. Section 4(b)(2) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in subparagraph (A), by striking ``to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank'' and inserting ``to support efforts to reevaluate plans to restructure, rebuild, reschedule, or eliminate Zimbabwe's sovereign debt held by that bank and provide an analysis based on reasonable financial options to achieve those goals''; and (2) in subparagraph (B), by striking ``dollar'' and inserting ``currency''. SEC. 5. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE BILATERAL RELATIONSHIP. It is the sense of Congress that the United States should seek to forge a stronger bilateral relationship with Zimbabwe, including in the areas of trade and investment, if the following conditions are satisfied: (1) The Government of Zimbabwe takes the concrete, tangible steps outlined in paragraphs (1) through (4) of section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001, as amended by section 6 of this Act. (2) The Government of Zimbabwe takes concrete, tangible steps towards-- (A) good governance, including respect for the opposition, rule of law, and human rights; (B) economic reforms that promote growth, address unemployment and underdevelopment, restore livelihoods, ensure respect for contracts and private property rights, and promote significant progress toward monetary policy reforms, particularly with the Reserve Bank of Zimbabwe, and currency exchange reforms; and (C) identification and recovery of stolen private and public assets within Zimbabwe and in other countries. (3) The Government of Zimbabwe holds an election that is widely accepted as free and fair, based on the following pre- and post- election criteria or conditions: (A) Establishment and public release, without cost, of a provisional and a final voter registration roll. (B) The Zimbabwe Electoral Commission is permitted to entirely carry out the functions assigned to it under section 239 of Zimbabwe's 2013 Constitution in an independent manner, and the chairperson meets and consults regularly with representatives of political parties represented in the parliament of Zimbabwe and the parties contesting the elections. (C) Consistent with Zimbabwe's 2013 Constitution, the Defence Forces of Zimbabwe-- (i) are neither permitted to actively participate in campaigning for any candidate nor to intimidate voters; (ii) are required to verifiably and credibly uphold their constitutionally-mandated duty to respect the fundamental rights and freedoms of all persons and to be nonpartisan in character; and (iii) are not permitted to print, transfer, or control ballots or transmit the results of elections. (D) International observers, including observers from the United States, the African Union, the Southern African Development Community, and the European Union-- (i) are permitted to observe the entire electoral process prior to, on, and following voting day, including by monitoring polling stations and tabulation centers; and (ii) are able to independently access and analyze vote tallying tabulation and the transmission and content of voting results. (E) Candidates are allowed access to public broadcasting media during the election period, consistent with Zimbabwe's Electoral Act and are able to campaign in an environment that is free from intimidation and violence. (F) Civil society organizations are able to freely and independently carry out voter and civic education and monitor the entire electoral process, including by observing, recording, and transmitting publicly-posted or announced voting results at the ward, constituency, and all higher levels of the vote tallying process. (4) Laws enacted prior to the passage of Zimbabwe's March 2013 Constitution that are inconsistent with the new Constitution are amended, repealed, or subjected to a formal process for review and correction so that such laws are consistent with the new Constitution. (5) The Government of Zimbabwe-- (A) has made significant progress on the implementation of all elements of the new Constitution; and (B) has demonstrated its commitment to sustain such efforts in achieving full implementation of the new Constitution. (6) Traditional leaders of Zimbabwe observe section 281 of the 2013 Constitution and are not using humanitarian assistance provided by outside donor organizations or countries in a politicized manner to intimidate or pressure voters during the campaign period. SEC. 6. CERTIFICATION REQUIREMENTS. Section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in paragraph (3), by striking ``consistent with'' and all that follows through ``September 1998''; (2) by striking paragraph (4); and (3) by redesignating paragraph (5) as paragraph (4). SEC. 7. REMOVAL OF AUTHORITY TO PAY LAND ACQUISITION COSTS. Section 5(a) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in paragraph (2), by striking ``, including the payment of costs'' and all that follows through ``thereto; and'' and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) identify and recover stolen public assets.''. SEC. 8. INCLUSION OF AUSTRALIA, THE UNITED KINGDOM, THE AFRICAN UNION, AND THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY IN CONSULTATIONS ABOUT ZIMBABWE. Section 6 of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended by inserting ``Australia, the United Kingdom, the African Union, the Southern African Development Community,'' after ``Canada,''. SEC. 9. SENSE OF CONGRESS ON ENFORCEMENT OF SOUTHERN AFRICAN DEVELOPMENT COMMUNITY TRIBUNAL RULINGS. It is the sense of Congress that the Government of Zimbabwe and the Southern African Development Community (referred to in this section as ``SADC'') should enforce the SADC tribunal rulings issued between 2007 to 2010, including 18 disputes involving employment, commercial, and human rights cases surrounding dispossessed Zimbabwean commercial farmers and agricultural companies. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Zimbabwe Democracy and Economic Recovery Amendment Act of 2018 This bill amends the Zimbabwe Democracy and Economic Recovery Act of 2001 to establish additional pre- and post- election conditions that Zimbabwe must satisfy in order to remove Department of the Treasury opposition to: (1) international financial institution loan, credit, or guarantee extensions to Zimbabwe; or (2) cancellation or reduction of debt owed by Zimbabwe to the United States or any international financial institution. The bill includes Australia and the United Kingdom in consultations regarding Zimbabwe's political violence and any future removal of related sanctions.

{"src": "billsum_train", "title": "Zimbabwe Democracy and Economic Recovery Amendment Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Facilities Closure and Realignment Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to reduce unnecessary spending in the Federal Government by closing or realigning duplicative, wasteful, or otherwise unnecessary civilian facilities, including facilities that-- (1) have a cost to the Federal Government that is out of proportion to the benefits provided through the facility; or (2) fail to further any legitimate goal or mission of the administering agency. SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Civilian Facilities Closure and Realignment Commission''. (b) Duties.--The Commission shall carry out the duties specified for it in this Act. (c) Appointment.--(1)(A) The Commission shall be composed of seven members appointed by the President, by and with the advice and consent of the Senate. (B) No later than January 1, 1994, the President shall submit to the Senate the nominations for appointment to the Commission. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with-- (A) the Speaker of the House of Representatives concerning the appointment of one member; (B) the majority leader of the Senate concerning the appointment of one member; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission, the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms.--Each member of the Commission shall serve until December 31, 1995, and may only be removed by the President for cause. (e) Meetings.--(1) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to any Member or committee of the Congress. (f) Vacancies.--A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed. (g) Pay and Travel Expenses.--(1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Director of Staff.--(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served as a Federal employee during the one-year period preceding the date of such appointment. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Staff.--(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for a position above GS-15 of the General Schedule. (3) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (4) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (j) Consultants and Property.--(1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding.--There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this Act. Such funds shall remain available until expended. (l) Termination.--The Commission shall terminate on December 31, 1995. SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND REALIGNMENTS. (a) Agency Recommendations.--(1) No later than June 1, 1994, each head of an executive agency as defined under section 105 of title 5, United States Code (except for the Secretary of Defense with regard to the Department of Defense) shall submit to the Commission recommendations for closing or realigning civilian facilities administered by such agency. The recommendations shall include a statement providing rationale for the recommended closure or realignment. (2) The Office of Management and Budget shall submit to the Commission with each recommendation submitted under paragraph (1), an estimate of the administrative costs and savings that would result from the implementation of such recommendation for the 5 fiscal years following such implementation. (b) Review and Recommendations by the Commission.--(1) After receiving the recommendations from the heads of executive agencies under subsection (a), the Commission shall conduct public hearings on the recommendations. Such hearings shall be conducted in Washington, D.C. and in affected regions throughout the United States. (2)(A) No later than June 1, 1995, the Commission shall submit to the President a report containing-- (i) the Commission's findings and conclusions based on a review and analysis of the recommendations made by the heads of executive agencies and from public hearings; (ii) the Commission's recommendations for closures and realignments of Federal facilities; and (iii) proposed legislation (containing specific language proposed to be enacted) to implement the Commission's recommendations. (B) Subject to subparagraph (C), in making its recommendations, the Commission may make changes in any of the recommendations made by the heads of executive agencies. (C) In the case of a change described in subparagraph (D) in the recommendations made by the heads of executive agencies, the Commission may make the change only if the Commission-- (i) publishes a notice of the proposed change in the Federal Register not less than 30 days before submitting its recommendations to the President under subparagraph (A); and (ii) conduct a public hearing on the proposed change. (D) Subparagraph (C) shall apply to a change by the Commission in the heads of executive agencies' recommendations that would-- (i) add a facility to the list of facilities recommended by the applicable head of an executive agency for closure; (ii) add a facility to the list of facilities recommended by the applicable head of an executive agency for realignment; or (iii) increase the extent of a realignment of a particular facility recommended by the applicable head of an executive agency. (3) The Commission shall explain and justify in its report submitted to the President under paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the heads of the executive agencies under subsection (a). The Commission shall submit a copy of such report to the Congress on the same date on which it submits its recommendations to the President under paragraph (2). (4) After the Commission submits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member or committee of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall-- (A) assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the heads of the executive agencies under subsection (c); and (B) submit to the Congress and to the Commission a report containing a detailed analysis of the heads of executive agencies' recommendations and selection process, including an assessment of whether such recommendations comply with the purposes of this Act. (c) Review by the President.--(1) No later than September 1, 1995, the President shall approve or disapprove the report submitted under subsection (b)(2)(A). (2) If the report is approved the President shall submit the report to the Congress for legislative action under section 5. (3) If the President disapproves the report, the President shall report specific issues and objections, including the reasons for any changes recommended in the report, to the Commission and the Congress. (4) The Commission shall consider any issues or objections raised by the President and may modify the report based on such issues and objections. No later than 30 days after receipt of the President's disapproval under paragraph (3), the Commission shall submit the final report (as modified if modified) to the Congress for legislative action under section 5. SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT. (a) Definitions.--For purposes of this section-- (1) the term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation contained in the final report submitted to the Congress under section 4(c) (2) or (4) without modification; and (2) the term ``session day'' means a day that both the Senate and the House of Representatives are in session. (b) Introduction and Referral.--(1) On the first session day on or immediately following the date on which a final report is submitted to the Congress under section 4(c) (2) or (4), an implementation bill shall be introduced-- (A) in the Senate by the Majority Leader of the Senate, for himself, the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Majority Leader of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House of Representatives. (2) The implementation bill introduced in the Senate shall be referred concurrently to the Committee on Governmental Affairs of the Senate, and other committees with jurisdiction. The implementation bill introduced in the House of Representatives shall be referred concurrently to the Committee on Government Operations of the House of Representatives, and other committees with jurisdiction. (c) Discharge.--If the committee to which an implementation bill is referred has not reported such bill by the end of the 15 session day period beginning on the date of introduction of such bill, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the fifth session day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, 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 the implementation bill (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 the implementation bill (and against consideration of the implementation bill) 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 the implementation bill is agreed to, the respective House shall immediately proceed to consideration of the implementation bill without intervening motion, order, or other business, and the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Majority Leader and the Minority Leader or their designees. An amendment to the implementation bill 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 the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on an implementation bill 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 the implementation bill 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 an implementation bill shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of an implementation bill of that House described in subsection (a), that House receives from the other House an implementation bill described in subsection (a), then the following procedures shall apply: (A) The implementation bill 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 an implementation bill described in subsection (a) of the House receiving such bill-- (i) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (ii) the vote on final passage shall be on the implementation bill of the other House, except that if the implementation bill is a bill for the raising of revenue, the vote of final passage shall be upon the implementation bill which originates in the House of Representatives. (2) Upon disposition of the implementation bill received from the other House, it shall no longer be in order to consider the implementation bill that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is 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. 6. DISTRIBUTION OF ASSETS. Any proceeds from the sale of assets of any department or agency resulting from the enactment of an Act under section 5 shall be-- (1) applied to reduce the Federal deficit; and (2) deposited in the Treasury and treated as general receipts. SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS. It is the sense of the Congress that-- (1) in the fiscal year immediately following a recommendation submitted under section 4(a)(1) there should be appropriated to each agency an amount no less than 25 percent of the amount of the estimate of administrative savings determined under section 4(a)(2) applicable to such agency in the 3 fiscal years following the submission of the recommendation; and (2) the appropriated amount described under paragraph (1) should be-- (A) appropriated funds in addition to funds which would otherwise be appropriated to such agency if not for the provisions of this Act; and (B) made available for expenditure at the discretion of the head of such agency to improve such agency's management, efficiency, or productivity. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out the provisions of this Act. S 1187 IS----2

Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission. Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission. Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission. Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President. Provides for presidential approval of the report. Sets forth procedures for congressional consideration of the proposed legislation. Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts. Expresses the sense of the Congress that: (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity. Authorizes appropriations.

{"src": "billsum_train", "title": "Civilian Facilities Closure and Realignment Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Data Offshoring Protection Act of 2004''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) Business enterprise.--The term ``business enterprise'' means any organization, association, or venture established to make a profit, or any private, nonprofit organization that collects or retains personally identifiable information. (2) Country with adequate privacy protection.--The term ``country with adequate privacy protection'' means a country that has been certified by the Federal Trade Commission as having a legal system that provides adequate privacy protection for personally identifiable information. (3) Personally identifiable information.--The term ``personally identifiable information'' includes information such as-- (A) name; (B) postal address; (C) financial information; (D) medical records; (E) date of birth; (F) phone number; (G) e-mail address; (H) social security number; (I) mother's maiden name; (J) password; (K) state identification information; (L) driver's license number; (M) personal tax information; and (N) any consumer transactional or experiential information relating to the person. (4) Transmit.--The term ``transmit'' or ``transmission'' means the use of any instrumentality of interstate commerce, including the mails or any electronic means, to transfer information or to provide access to such information via the Internet or any comparable telecommunications system. SEC. 3. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM UNAUTHORIZED TRANSMISSION. (a) In General.--A business enterprise may transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country with adequate privacy protection, provided that the citizen has been provided prior notice that such information may be transmitted to such a foreign affiliate or subcontractor and has not objected to such transmission. (b) ``Opt-In'' Consent Required for Countries Without Adequate Privacy Protection.--A business enterprise may not transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country without adequate privacy protection unless-- (1) the business enterprise discloses to the citizen that the country to which the information will be transmitted does not have adequate privacy protection; (2) the business enterprise obtains consent from the citizen, before a consumer relationship is established or before the effective date of this Act, to transmit such information to such foreign affiliate or subcontractor; and (3) the consent referred to in paragraph (2) is renewed by the citizen within 1 year before such information is transmitted. (c) Prohibition on Refusal to Provide Services.--A business enterprise shall not deny the provision of any good or service to, nor change the terms of or refuse to enter into a business relationship with any person based upon that person's exercise of the consent rights provided for in this Act or in any other applicable law. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Enforcement Authority.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 5. CIVIL REMEDIES. (a) Private Right of Action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- (1) an action based on a violation of this Act or the regulations prescribed pursuant to this Act to enjoin such violation; (2) an action to recover for actual monetary loss from such a violation, or to receive $10,000 in damages for each such violation, whichever is greater, or (3) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (2). (b) Actions by States.-- (1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a violation of this Act or the regulations prescribed pursuant to this Act, the State may bring a civil action on behalf of its residents to enjoin such violation, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated this Act or regulations prescribed pursuant to this Act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. (2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this Act or regulations prescribed pursuant to this Act, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. (3) Notice to an intervention of federal trade commission.--The State bringing a civil action under this section shall serve prior written notice of any such civil action upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case where 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 for appeal. (4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. (5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this Act shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (6) Effect on state court proceedings.--Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. (7) Limitation.--Whenever the Federal Trade Commission has instituted a civil action for violation of this Act or the regulations prescribed pursuant to this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. SEC. 6. CERTIFICATION OF COUNTRIES WITH ADEQUATE PRIVACY PROTECTION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission, after providing notice and opportunity for public comment, shall-- (1) certify those countries that have legal systems that provide adequate privacy protection for personally identifiable information; and (2) make the list of countries certified under paragraph (1) available to the general public. (b) Certification Criteria.-- (1) In general.--In determining whether a country should be certified under this section, the Federal Trade Commission shall consider the adequacy of the country's infrastructure for detecting, evaluating, and responding to privacy violations. (2) Presumption.--The Commission shall presume that a country's privacy protections are inadequate if they are any less protective of personally identifiable information than those afforded under Federal law or under the laws of any State, or if the Commission determines that such country's laws are not adequately enforced. (c) European Union Date Protection Directive.--A country that has comprehensive privacy laws that meet the requirements of the European Union Data Protection Directive shall be certified under this section unless the Federal Trade Commission determines that such laws are not commonly enforced within such country. SEC. 7. EFFECTIVE DATE. Section 6 of this Act shall take effect on the date of enactment of this Act. Sections 2 through 5 of this Act shall take effect 60 days after the the completion of the certification required by section 6.

Personal Data Offshoring Protection Act of 2004 - Requires business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections. Prohibits such transmittal where adequate privacy protections are lacking, unless: (1) the business enterprise discloses the lack of protections and obtains the citizen's prior consent for transmittal; and (2) such consent is renewed by the citizen within one year before the transmittal. Prohibits business entities from denying goods and services or modifying business terms for any person based on that person's exercise of consent rights provided by this Act or other law. Requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Creates a private right of action in State court for violations of this Act. Authorizes States, on behalf of their residents, to bring civil actions in Federal court for such violations. Requires prior notice to the Federal Trade Commission (FTC) of State actions and authorizes the FTC's intervention and appeal. Directs the FTC to certify those countries that have legal systems providing adequate privacy protections. Creates a presumption of inadequacy for foreign laws that are less protective of privacy than Federal law or the law of any State, or where the FTC determines that enforcement is lacking. Requires certification of countries whose laws meet the requirements of the European Union Data Protection Directive, unless such laws are not adequately enforced.

{"src": "billsum_train", "title": "To prohibit the transfer of personal information to any person outside the United States, without notice and consent, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pitkin County Land Exchange Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to authorize, direct, expedite, and facilitate the exchange of land between the United States, Pitkin County, Colorado, and the Aspen Valley Land Trust. SEC. 3. DEFINITIONS. In this Act: (1) Aspen valley land trust.-- (A) In general.--The term ``Aspen Valley Land Trust'' means the Aspen Valley Land Trust, a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986. (B) Inclusions.--The term ``Aspen Valley Land Trust'' includes any successor, heir, or assign of the Aspen Valley Land Trust. (2) County.--The term ``County'' means Pitkin County, a political subdivision of the State of Colorado. (3) Federal land.--The term ``Federal land'' means-- (A) the approximately 5.5 acres of National Forest System land located in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Wildwood Parcel Conveyance to Pitkin County'' and dated August 2004; (B) the 12 parcels of National Forest System land located in the County totaling approximately 5.92 acres, as generally depicted on maps 1 and 2 entitled ``Ryan Land Exchange-Smuggler Mountain Patent Remnants Conveyance to Pitkin County'' and dated August 2004; and (C) the approximately 40 acres of Bureau of Land Management land located in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Crystal River Parcel Conveyance to Pitkin County'' and dated August 2004. (4) Non-federal land.--The term ``non-Federal land'' means-- (A) the approximately 35 acres of non-Federal land in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Ryan Property Conveyance to Forest Service'' and dated August 2004; and (B) the approximately 18.2 acres of non-Federal land located on Smuggler Mountain in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Smuggler Mountain-Grand Turk & Pontiac Claims Conveyance to Forest Service'' and dated August 2004. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. LAND EXCHANGE. (a) In General.--If the County offers to convey to the United States title to the non-Federal land that is acceptable to the Secretary, the Secretary and the Secretary of the Interior shall-- (1) accept the offer; and (2) on receipt of acceptable title to the non-Federal land, simultaneously convey to the County, or at the request of the County, to the Aspen Valley Land Trust, all right, title, and interest of the United States in and to the Federal land, except as provided in section 5(d), subject to all valid existing rights and encumbrances. (b) Timing.--It is the intent of Congress that the land exchange directed by this Act shall be completed not later than 1 year after the date of enactment of this Act. SEC. 5. EXCHANGE TERMS AND CONDITIONS. (a) Equal Value Exchange.--The value of the Federal land and non- Federal land-- (1) shall be equal; or (2) shall be made equal in accordance with subsection (c). (b) Appraisals.--The value of the Federal land and non-Federal land shall be determined by the Secretary through appraisals conducted in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; (2) the Uniform Standards of Professional Appraisal Practice; and (3) Forest Service appraisal instructions. (c) Equalization of Values.-- (1) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the County shall donate to the United States the excess value of the non-Federal land, which shall be considered to be a donation for all purposes of law. (2) Surplus of federal land.-- (A) In general.--If the final appraised value of the Federal land exceeds the final appraised value of the non- Federal land, the value of the Federal land and non-Federal land may, as the Secretary and the County determine to be appropriate, be equalized by the County-- (i) making a cash equalization payment to the Secretary; (ii) conveying to the Secretary certain land located in the County, comprising approximately 160 acres, as generally depicted on the map entitled ``Sellar Park Parcel'' and dated August 2004; or (iii) using a combination of the methods described in clauses (i) and (ii). (B) Disposition and use of proceeds.-- (i) Disposition of proceeds.--Any cash equalization payment received by the Secretary under clause (i) or (iii) of subparagraph (A) shall be deposited in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (ii) Use of proceeds.--Amounts deposited under clause (i) shall be available to the Secretary, without further appropriation, for the acquisition of land or interests in land in Colorado for addition to the National Forest System. (d) Conditions on Certain Conveyances.-- (1) Conditions on conveyance of crystal river parcel.-- (A) In general.--As a condition of the conveyance of the parcel of Federal land described in section 3(3)(C) to the County, the County shall agree to-- (i) provide for public access to the parcel; and (ii) require that the parcel shall be used only for recreational, fish and wildlife conservation, and public open space purposes. (B) Reversion.--At the option of the Secretary of the Interior, the parcel of land described in section 3(3)(C) shall revert to the United States if the parcel is used for a purpose other than a purpose described in subparagraph (A)(ii). (2) Conditions on conveyance of wildwood parcel.--In the deed of conveyance for the parcel of Federal land described in section 3(3)(A) to the County, the Secretary shall, as determined to be appropriate by the Secretary, in consultation with the County, reserve to the United States a permanent easement for the location, construction, and public use of the East of Aspen Trail. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Incorporation, Management, and Status of Acquired Land.-- (1) In general.--Land acquired by the Secretary under this Act shall become part of the White River National Forest. (2) Management.--On acquisition, land acquired by the Secretary under this Act shall be administered in accordance with the laws (including rules and regulations) generally applicable to the National Forest System. (3) Land and water conservation fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the White River National Forest shall be deemed to be the boundaries of the White River National Forest as of January 1, 1965. (b) Revocation of Orders and Withdrawal.-- (1) Revocation of orders.--Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit disposal of the Federal land. (2) Withdrawal of federal land.--On the date of enactment of this Act, if not already withdrawn or segregated from entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land is withdrawn, subject to valid existing rights, until the date of the conveyance of the Federal land to the County. (3) Withdrawal of non-federal land.--On acquisition of the non- Federal land by the Secretary, the non-Federal land is permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (c) Boundary Adjustments.--The Secretary, the Secretary of the Interior, and the County may agree to-- (1) minor adjustments to the boundaries of the parcels of Federal land and non-Federal land; and (2) modifications or deletions of parcels and mining claim remnants of Federal land or non-Federal land to be exchanged on Smuggler Mountain. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pitkin County Land Exchange Act of 2006 - (Sec. 4) Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County (the non-federal lands), to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County (the federal lands). (Sec. 5) Requires the values of the lands exchanged to be equal or to be made equal. Sets forth exchange terms and conditions for: (1) the appraisal of such lands; (2) the equalization of the values of such lands, including by a cash equalization payment made by the County and/or conveyance of the Sellar Park land parcel to the Secretary; and (3) the disposition and use of the proceeds received by the Secretary from any such payment. Requires the County, as a condition of the conveyance of the Crystal River parcel to the County, to agree to: (1) provide public access to the parcel; and (2) require that the parcel be used only for recreational, fish, and wildlife conservation, and public open space purposes. Requires the Secretary to reserve to the United States a permanent easement to the Wildwood parcel for the location, construction, and public use of the East of Aspen Trail. (Sec. 6) States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest. Withdraws the non-federal land permanently from all forms of appropriation and disposal under the public land laws, including mining and mineral leasing laws and the Geothermal Steam Act of 1970. Allows the Secretary, the Secretary of the Interior, and the County to agree to: (1) minor adjustments to the boundaries of the federal and non-federal lands; and (2) modifications or deletions of parcels and mining claim remnants of federal land or non-federal land to be exchanged on Smuggler Mountain.

{"src": "billsum_train", "title": "To authorize the exchange of certain land in the State of Colorado."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tools for Community Initiatives Act''. SEC. 2. ESTABLISHMENT. There is established in the Executive Office of the President the Office of Faith-Based and Community Initiatives (hereafter referred to as ``the Office''). SEC. 3. DIRECTOR. (a) Director.--The head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President. (b) Pay of Director.--Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item: ``Director of the Office of Faith-Based and Community Initiatives.''. (c) Interim Director.--The individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a). SEC. 4. RESPONSIBILITIES. (a) In General.--The Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law. (b) Specific Duties.--In carrying out the responsibilities of the Office, the Director shall-- (1) develop, lead, and coordinate policies with respect to faith-based and community initiatives; (2) support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families; (3) work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding; (4) ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives; (5) help to integrate policies affecting faith-based and other community organizations across the Federal Government; (6) coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships; (7) encourage private charitable giving to support faith- based and community initiatives; (8) advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives; (9) provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives; (10) develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; (11) showcase and herald innovative grassroots nonprofit organizations and civic initiatives; (12) work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems; (13) monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith- Based and Community Initiatives established within certain departments and agencies of the Federal Government; and (14) work to establish high standards of excellence and accountability for faith-based and community initiatives. SEC. 5. ADMINISTRATION. (a) Officers.--The President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff.--The Director may appoint such employees as necessary to carry out the functions of the Office. (c) Resources.--The President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office. (d) Other Departments and Agencies.-- (1) Designated department or agency liaison.-- (A) In general.--The head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office. (B) Designated department or agency.--For the purposes of this paragraph, ``designated department or agency'' means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies: (i) The Department of Education. (ii) The Department of Labor. (iii) The Department of Justice. (iv) The Department of Health and Human Services. (v) The Department of Housing and Urban Development. (vi) The Department of Agriculture. (vii) The Agency for International Development. (viii) The Department of Commerce. (ix) The Department of Veterans Affairs. (x) The Small Business Administration. (2) Obtaining official data.--The Office may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director, the head of that department or agency shall furnish that information to the Office.

Tools for Community Initiatives Act - Establishes the Office of Faith-Based and Community Initiatives (the Office) in the Executive Office of the President. Requires the Director of the Office to encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law, including by: (1) developing, leading, and coordinating policies with respect to such initiatives; (2) coordinating public education activities designed to mobilize public support for such initiatives; (3) advising the President on options and ideas to assist, strengthen, and replicate successful initiatives; (4) developing and implementing strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; and (5) working to eliminate unnecessary legislative and regulatory barriers which impede the efforts of such initiatives to solve social problems. Requires the heads of the Departments of Education, Labor, Justice, Health and Human Services, Housing and Urban Development, Agriculture, Commerce, and Veteran Affairs, the Agency for International Development, and the Small Business Administration to designate a liaison to coordinate the activities of the department or agency with the Office.

{"src": "billsum_train", "title": "To establish the Office of Faith-Based and Community Initiatives."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2008'' or the ``HEATR Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2009, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2009, and ``(ii) the dollar amount contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for 2009 by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2009 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2008, exceeds ``(ii) the CPI fuel component for October of 2007. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If the dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2010.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wartime Parity and Justice Act of 2000''. SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF 1988. (a) Eligibility.--For purposes of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989 and following), the following individuals shall be deemed to be eligible individuals: (1) An individual who-- (A) is of Japanese ancestry, or is the spouse or parent of an individual of Japanese ancestry; (B) was brought forcibly to the United States from a country in Central America or South America during the evacuation, relocation, and internment period; (C) was living on August 10, 1988; (D) otherwise meets the requirements of subparagraph (B)(i) of section 108(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b- 7(2)(B)(i)); and (E) subject to section 4(f) of this Act, has not otherwise received payment under the Civil Liberties Act of 1988. (2) An individual who was an eligible individual under the Civil Liberties Act of 1988 before the enactment of this Act and who was eligible for, but did not receive, payment under that Act prior to the termination of the Civil Liberties Public Education Fund under section 104(d) of that Act. (3) An individual who-- (A) was born to an eligible individual under the Civil Liberties Act of 1988 during the period beginning on January 20, 1945, and ending on February 29, 1948, at a place in which the eligible individual was confined, held in custody, relocated, or otherwise located during the evacuation, relocation, or internment period; and (B) was living on August 10, 1988. (4)(A) An individual of Japanese ancestry who, during the evacuation, relocation, or internment period-- (i) was a United States citizen or a permanent resident alien; (ii) whose employment with a railroad or mining company was terminated on account of the individual's Japanese ancestry; and (iii) was living on August 10, 1988. (B) An individual who-- (i) during the evacuation, relocation, or internment period, was a dependent child of an individual described in subparagraph (A); and (ii) was living on August 10, 1988. (5) An individual of Japanese ancestry who-- (A) meets the requirements of paragraph (2) of section 108(2) of the Civil Liberties Act of 1988, other than subparagraph (A) of that paragraph; and (B) was legally in the United States during the evacuation, relocation, or internment period but was made ineligible for United States citizenship or permanent residence status by law enacted prior thereto, on account of the individual's Japanese ancestry. (b) Prisoner Exchanges.--An individual shall not be precluded from being an eligible individual under subsection (a) if that individual was sent by the United States to Japan or territories occupied by Japan at any time during the period beginning on December 7, 1941, and ending on September 2, 1945, in exchange for prisoners held by Japan. SEC. 3. APOLOGY OF THE UNITED STATES. The United States apologizes to those individuals described in section 2(a) for the fundamental violations of their basic civil liberties and constitutional rights committed during the evacuation, relocation, or internment period. The President should transmit to each such individual a personal letter of apology on behalf of the United States. SEC. 4. PROCEDURES. (a) Applicability of Provisions of the Civil Liberties Act.--Except as otherwise provided in this section, the provisions of section 105 of the Civil Liberties Act of 1988 shall apply with respect to eligible individuals under section 2 of this Act. (b) Responsibilities of the Attorney General.--The Attorney General shall have the responsibility to identify and locate, without requiring any application for payment and using records already in possession of the United States Government, eligible individuals under section 2, within 12 months after the date of the enactment of this Act. Failure to be identified and located within that 12-month period shall not preclude an eligible individual under section 2 from receiving payment under the Civil Liberties Act of 1988. (c) Notification by Eligible Individuals.--Any eligible individual under section 2 may notify the Attorney General that the individual is an eligible individual, and may provide documentation therefor, within 6 years after the date of the enactment of this Act. (d) Determination of Eligibility.--The Attorney General shall make a final determination of eligibility of individuals under section 2 not later than 1 year after locating the individual pursuant to subsection (b) or receiving notification from an individual pursuant to subsection (c), as the case may be. (e) Judicial Review.--An individual seeking payment of compensation under the Civil Liberties Act of 1988 as an eligible individual under section 2 may seek judicial review of a denial of compensation in an appropriate district court of the United States or the United States Court of Federal Claims within 6 years after the date of the denial. (f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E) of this Act and paragraph (7) of section 105(a) of the Civil Liberties Act of 1988, an individual described in subparagraphs (A) through (D) of section 2(a)(1) of this Act, or any surviving spouse, child, or parent of such individual to whom section 105(a)(8) of the Civil Liberties Act of 1988 applies, who has accepted payment, before the enactment of this Act, pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B) of the Civil Liberties Act of 1988 or section 2(a)(1)(B) of this Act, may receive payment under the Civil Liberties Act of 1988, except that any amount payable to such individual, spouse, child, or parent under section 105(a)(1) of that Act shall be reduced by the amount of any payment received pursuant to such final judgment or settlement. SEC. 5. CORRECTION OF IMMIGRATION STATUS. Those individuals described in paragraph (1) of section 2(a) shall not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period. Each department or agency of the United States shall take the necessary steps to correct any records over which that department or agency has jurisdiction that indicate that such individuals were in the United States unlawfully during such period. SEC. 6. FULL DISCLOSURE OF INFORMATION. (a) Public Disclosure of Information.--The appropriate departments and agencies of the United States shall disclose to the public all information (other than information which may not be disclosed under other provisions of law) relating to the forcible removal of individuals from Central and South America during the evacuation, relocation, or internment period and the internment of those individuals in the United States during that period, including information on individuals whose location is unknown. (b) Sharing of Information With Other Countries.--The President shall take the necessary steps to share information described in subsection (a) with other countries and encourage those countries to make that information available to people in those countries. SEC. 7. TRUST FUND. (a) Reestablishment of Fund.--The Civil Liberties Public Education Fund (in this Act referred to as the ``Fund'') is reestablished in the Treasury of the United States, and shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in the Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code. (c) Uses of the Fund.--Amounts in the Fund shall be available only-- (1) for disbursement of payments by the Attorney General, under section 105 of the Civil Liberties Act of 1988 and this Act, to eligible individuals under section 2 of this Act; and (2) for disbursement by the Board of Directors of the Fund under section 8 of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Fund-- (1) such sums as may be necessary to carry out paragraph (1) of subsection (b); and (2) $45,000,000 for disbursements by the Board of Directors of the Fund under section 8. SEC. 8. BOARD OF DIRECTORS OF THE FUND. (a) Establishment.--There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section. (b) Uses of the Fund.--The Board may make disbursements from the Fund only-- (1) to sponsor research and public education activities so that events surrounding the evacuation, relocation, and internment of individuals of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and (2) for reasonable administrative expenses of the Board, including compensation and expenses of the members and staff of the Board and payment for administrative support services. (c) Membership, Staff, Etc.--The provisions of subsections (c), (d), (e), (f), and (g) of section 106 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply to the Board of the Fund to the same extent as they applied to the Board established under that section. SEC. 9. DEFINITIONS. In this Act, the terms ``evacuation, relocation, or internment period'' and ``permanent resident alien'' have the meanings given those terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7).

(Sec. 3) Declares that the United States apologizes to such individuals for the fundamental violations of their basic civil liberties and constitutional rights. Urges the President to transmit to each such individual a personal letter of apology on behalf of the United States. (Sec. 4) Places upon the Attorney General responsibility to identify and locate eligible individuals under this Act within 12 months. Authorizes any eligible individual to notify the Attorney General that the individual is eligible and provide documentation to that effect within six years. Directs the Attorney General to make a final determination of eligibility within one year after locating or receiving notification from an individual. Authorizes judicial review of a denial of compensation. Permits an individual covered by this Act who has accepted payment on a related claim against the United States before this Act's enactment to receive an appropriately reduced payment under this Act. (Sec. 5) Directs that: (1) individuals covered by this Act not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period; and (2) each U.S. department or agency correct any records that indicate that such individuals were in the United States unlawfully. (Sec. 6) Directs: (1) the appropriate agencies to disclose to the public all information relating to the forcible removal of individuals from Latin America and their internment in the United States during that period; and (2) the President to share such information with other countries and to encourage those countries to make that information available to people in those countries. (Sec. 7) Reestablishes in the Treasury the Civil Liberties Public Education Fund to be available for such restitution. (Sec. 8) Establishes the Civil Liberties Public Education Fund Board of Directors which shall be responsible for making disbursements from the Fund: (1) to sponsor research and public education activities; and (2) for reasonable administrative expenses.

{"src": "billsum_train", "title": "Wartime Parity and Justice Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Officer Screening Improvement Act of 2016''. 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 employers of private security officers through the Private Security Officer Employment Authorization Act of 2004 (28 U.S.C. 534 note) and statutes enacted by dozens of States in compliance with Public Law 92-544. However, there are still numerous persons employed as private security officers, entrusted to safeguard and protect people and property, who do not undergo criminal history background checks authorized by Federal and State law. SEC. 3. BACKGROUND CHECKS. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended-- (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: ``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS. ``(a) Definitions.--In this section-- ``(1) the term `covered entity' means any person that employs a private security officer; ``(2) the term `covered individual' means an individual who is employed or applying for employment as a private security officer; ``(3) the term `criminal history review designee' means the entity, if any, designated by the Attorney General under subsection (b)(3) to carry out the criminal history review program; ``(4) the term `criminal history review program' means the program established under subsection (d); ``(5) 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; ``(6) the term `private security officer' has the meaning given the term in subsection (c)(3) of the Private Security Officer Employment Authorization Act of 2004 (28 U.S.C. 534 note); and ``(7) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. ``(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 private security officers and prospective private security officers. ``(2) Establishment.--Not later than 1 year after the date of enactment of the Security Officer Screening Improvement Act of 2016, the Attorney General shall establish-- ``(A) policies and procedures to carry out the duties described in subsection (c); and ``(B) a criminal history review program in accordance with subsection (d). ``(3) Designees.--The Attorney General may designate one or more entities to carry out the duties described in subsection (c) or (d). ``(c) Access to State and National Background Checks.-- ``(1) Duties.--The Attorney General shall-- ``(A) inform covered entities about how to request State and national background checks-- ``(i) for covered entities located in a State with a qualified State program, by referring the covered entity to the State authorized agency; or ``(ii) for covered entities 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 upon request from a covered entity; and ``(C) provide information received in response to such national criminal history background check to the criminal history review designee, if any. ``(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 non-criminal justice, non-law enforcement national criminal history background check authorized under title II of the Department of Justice Appropriations Act, 1991 under the heading `salaries and expenses' under the heading `Federal Bureau of Investigation' (Public Law 101-105; 28 U.S.C. 534 note)-- ``(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 covered individuals for performing security services. ``(2) Requirements.--The Attorney General 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 perform security services; and ``(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) 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 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 perform security services, the Attorney General shall employ the criteria used to evaluate individuals under the Private Security Officer Employment Authorization Act of 2004 (28 U.S.C. 534 note). ``(4) Application processing.-- ``(A) In general.--The Attorney General shall establish the process by which a covered entity in a State without a qualified State program may obtain a State and national criminal history background check. ``(B) Challenge to completeness of record.--A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set out in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto. ``(5) Participation in program.--The Attorney General 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 Security Officer Screening Improvement Act of 2016.''.

Security Officer Screening Improvement Act of 2016 This bill amends the National Child Protection Act of 1993 to direct the Department of Justice to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on private security officers, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a private security officer. It defines "covered entity" as any person who employs a private security officer.

{"src": "billsum_train", "title": "Security Officer Screening Improvement Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Support Act''. SEC. 2. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 5 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 561 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the Institute of Medicine of the National Academy of Sciences, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 800 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, there are no school-based mental health and student service providers available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the Institute of Medicine of the National Academy of Sciences in its 1997 report `Schools and Health: Our Nation's Investment': ``(A) 1 school counselor for every 250 students; ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 school social worker for every 800 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students' classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child and adolescent psychiatrist.--The term `child and adolescent psychiatrist' has the meaning given such term in section 5421(e). ``(3) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(4) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist or any other qualified psychologist, a child or adolescent psychiatrist, or a qualified school social worker. ``(5) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(6) Other qualified psychologist.--The term `other qualified psychologist' has the meaning given such term in section 5421(e). ``(7) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(8) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(9) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(10) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(11) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists or other qualified psychologists, the ratio of students to child and adolescent psychiatrists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2012 through 2020.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``subpart 14--grants to improve the mental health of children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''.

Student Support Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to make matching grants of at least $1 million to states for allocation to local educational agencies (LEAs) so that additional school-based mental health and student service providers may be hired, thereby reducing the student-to-provider ratios in elementary and secondary schools to specified levels recommended by the Institute of Medicine of the National Academy of Sciences. Includes school counselors, school psychologists or other psychologists, child or adolescent psychiatrists, and school social workers among such providers. Requires grants to states and state allocations to LEAs to be made pursuant to specified formulas that take into account a state's and school district's share of disadvantaged children.

{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers."}

SECTION 1. TAX CREDIT FOR GREEN ROOFS. (a) Findings and Purpose.-- (1) Findings.--Congress makes the following findings: (A) Green roofs reduce storm water run off. (B) Green roofs reduce heating and cooling loads on a building. (C) Green roofs filter pollutants and carbon dioxide out of the air. (D) Green roofs filter pollutants and heavy metals out of rainwater. (E) Construction of green roofs has the potential to reduce the size of heating, ventilation, and air conditioning equipment on new or retrofitted buildings resulting in capital and operational savings. (F) Green roofs have the potential to reduce the amount of standard insulation used. (G) After installation, green roofs can reduce sewage system loads by assimilating large amounts of rainwater. (H) Green roofs absorb air pollution, collect airborne particulates, and store carbon. (I) Green roofs protect underlying roof material by eliminating exposure to the sun's ultraviolet radiation and extreme daily temperature fluctuations. (J) Green roofs reduce noise transfer from the outdoors. (K) Green roofs insulate a building from extreme temperatures, mainly by keeping the building interior cool in the summer. (L) Green roofs provide habitat for beneficial insects, such as honeybees and other pollinators, and small animals such as birds. (2) Purpose.--The purpose of this section is to encourage the construction of green roofs thereby-- (A) reducing rooftop temperatures and heat transfer; decreasing summertime indoor temperatures; (B) lessening pressure on sewer systems through the absorption of rainwater; (C) filtering pollution--including heavy metals and excess nutrients; (D) protecting underlying roof material; (E) reducing noise; (F) providing a habitat for birds and other small animals; (G) improving the quality of life for building inhabitants; and (H) reducing the urban heat island effect by decreasing rooftop temperatures. (b) Green Roofs Eligible for Energy Credit.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) a qualified green roof (as defined in section 25D(d)(4)(B)).''. (2) Credit allowed against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: ``(iv) so much of the credit determined under section 46 as is attributable to the credit determined under section 48, and''. (3) Effective date.--The amendments made by this subsection shall apply to periods after December 31, 2008, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of the Revenue Reconciliation Act of 1990). (c) Credit for Residential Green Roofs.-- (1) In general.-- (A) Allowance of credit.--Section 25D(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 30 percent of the qualified green roof property expenditures made by the taxpayer during such year.''. (B) Limitation.--Section 25D(b)(1) of such Code (relating to maximum credit) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $2,000 with respect to any qualified green roof property expenditures.''. (C) Qualified green roof property expenditures.-- Section 25D(d) of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(4) Qualified green roof property expenditure.-- ``(A) In general.--The term `qualified green roof property expenditure' means an expenditure for a qualified green roof which is installed on a building located in the United States and used as a residence by the taxpayer. ``(B) Qualified green roof.--The term `qualified green roof' means any green roof at least 40 percent of which is vegetated. ``(C) Green roof.--The term `green roof' means any roof which consists of vegetation and soil, or a growing medium, planted over a waterproofing membrane and its associated components, such as a protection course, a root barrier, a drainage layer, or thermal insulation and an aeration layer.''. (D) Maximum expenditures in case of joint occupancy.--Section 25D(e)(4)(A) of such Code (relating to maximum expenditures) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) $1,667 in the case of any qualified green roof property expenditures.''. (2) Credit allowed against alternative minimum tax.-- (A) In general.--Subsection (c) of section 25D of the internal Revenue Code of 1986 is amended to read as follows: ``(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit.-- ``(1) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(2) Carryforward of unused credit.-- ``(A) Rule for years in which all personal credits allowed against regular and alternative minimum tax.-- In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) 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. ``(B) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (B) Conforming amendments.-- (i) Section 23(b)(4)(B) of the Internal Revenue Code of 1986 is amended by inserting ``and section 25D'' after ``this section''. (ii) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B'' and inserting ``, 25B, and 25D''. (iii) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25D''. (iv) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to property placed in service after December 31, 2008, in taxable years ending after such date. (B) Application of egtrra sunset.--The amendments made by clauses (i) and (ii) of paragraph (2)(B) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate.

Amends the Internal Revenue Code to allow: (1) an 10% energy tax credit for the installation of a qualified green roof; and (2) a residential energy efficient tax credit for 30% of qualified green roof property expenditures up to $2,000. Defines a "qualified green roof" as any green roof which is at least 40% vegetated. Defines "green roof" as any roof which consists of vegetation and soil, or a growing medium, planted over a waterproofing membrane and its associated components.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit for green roofs."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Texas Band of Kickapoo Act Amendments''. SEC. 2. FINDINGS. Congress finds the following: (1) The Texas Band of Kickapoo is a subgroup of the Kickapoo Tribe of Oklahoma whose ancestors were forced to migrate from their ancestral lands in the Midwestern United States to lands now within the boundaries of Mexico and the States of Oklahoma and Texas. (2) The migratory nature of the Kickapoos, which required their frequent travel between Oklahoma, Texas, and Mexico, resulted in lack of clarity in their rights of citizenship and their eligibility for Federal services which could be provided only to Kickapoos when they were on or near the reservation of the Kickapoo Tribe of Oklahoma in McLoud, Oklahoma. (3) Although members of the Texas Band of Kickapoo lived primarily in Texas under conditions posing serious threats to their health, they owned no land in Texas and, therefore, were unable to obtain Federal services which the United States provides to other Indians who are members of federally recognized Indian tribes because of their status as Indians. (4) In 1983, the Texas Band of Kickapoo Act (25 U.S.C. 1300b-11 et seq.) was enacted to confirm the United States citizenship of Kickapoos residing in Texas and their eligibility for Federal services. (5) Although many Kickapoos meet the requirements for United States citizenship, some lack written records to prove that they do and have not been made aware that their right to apply for collective citizenship under the Texas Band of Kickapoo Act has expired. Amendment of the Immigration and Nationality Act is necessary to establish modified naturalization procedures to address the Kickapoos' eligibility for citizenship. (6) The Kickapoo Tribe of Oklahoma acquired land in Maverick County, Texas, in order to provide for the delivery of Federal services to its tribal members in Texas, known as the Texas Band or subgroup of the Kickapoo Tribe of Oklahoma, and in turn, in 1986 such land was acquired in trust by the United States by trust deed ``for the benefit of the Texas Band of Kickapoo, a subgroup of the Kickapoo Tribe of Oklahoma''. (7) In 1989, some members of the Texas Band chose to form a separate governmental entity now known as the Kickapoo Traditional Tribe of Texas, while the remaining Texas Kickapoos continue to be a subgroup of and have membership in the Kickapoo Tribe of Oklahoma. (8) Since the early 1990s, disputes have arisen over whether beneficial ownership of the trust land in Maverick County, Texas, resides with the Kickapoo Tribe of Oklahoma or with the Kickapoo Traditional Tribe of Texas. For some tribal members, lack of clarity regarding ownership of the trust property has resulted in eviction from their homes and inability to receive services, contrary to the intent and goals of the Texas Band of Kickapoo Act. (9) Both tribes require a land base in Texas to be able to provide services and housing for their respective tribal members. Only the Congress can clarify the beneficial ownership of Kickapoo reservation lands to ensure that both tribes have an appropriate land base in Maverick County, Texas. (10) The respective members of the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas deserve to have their United States citizenship confirmed and their ability to cross the borders of the United States clarified, and to receive all of the Federal services which the United States provides to Indians because of their status as Indians. (11) Beneficial title to land already held in trust by the United States pursuant to authority granted in the Texas Band of Kickapoo Act should be transferred from the Kickapoo Tribe of Oklahoma to the Kickapoo Traditional Tribe of Texas, and replacement land in the State of Texas should be accepted into trust by the United States to provide a home for those Texas Kickapoos who continue to be members of the Kickapoo Tribe of Oklahoma. SEC. 3. DEFINITIONS. Section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12) is amended to read as follow: ``SEC. 3. DEFINITIONS. ``For the purposes of this Act, the following definitions apply: ``(1) Texas band.--The term `Texas Band' means the Texas Band of Kickapoo Indians, all members of which were part of the Kickapoo Tribe of Oklahoma as it existed prior to 1989 when a portion of the Band obtained Federal recognition as a governmental tribal entity separate from the Kickapoo Tribe of Oklahoma. ``(2) Kickapoo tribe of oklahoma.--The term `Kickapoo Tribe of Oklahoma' means the Kickapoo Tribe recognized by the United States pursuant to the Treaty with the Kickapoo on December 9, 1809 (7 Stat. 117), and reorganized in 1938 as the Kickapoo Tribe of Oklahoma pursuant to the Oklahoma Indian Welfare Act. ``(3) Kickapoo traditional tribe of texas.--The term `Kickapoo Traditional Tribe of Texas' means the Kickapoo Tribe administratively recognized in 1989 pursuant to Federal authorities granted in the Texas Band of Kickapoo Act. ``(4) Kickapoo tribes.--The term `Kickapoo Tribes' means the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior.''. SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY. (a) Updating Membership Rolls; Compilation of Citizenship Eligibility Lists.--Section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-13) is amended to read as follows: ``SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY. ``(a) Updating Membership Rolls; Compilation of Citizenship Eligibility Lists.--In consultation with the Secretary, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas each shall update the membership roll of such tribe's tribal members and shall compile a list of its tribal members who reside permanently in the United States but were not born in the United States and are not otherwise a citizen or national of the United States. When such membership roll is updated, and such citizenship eligibility list is compiled, the Secretary shall promptly publish notice in the Federal Register announcing the completion of the citizenship eligibility list and shall provide a copy of such list to the Attorney General for use in approving applications for certificates of citizenship pursuant to section 341(c) of the Immigration and Nationality Act (8 U.S.C. 1452(c)). ``(b) Border Crossing Rights.--Notwithstanding the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law, any individual who was entitled to enter the United States under this section, as in effect on the day before the date of the enactment of the Texas Band of Kickapoo Act Amendments, shall continue to have such right until the earlier of-- ``(1) the date on which a final determination is made on an application timely filed by the individual pursuant to section 341(c) of the Immigration and Nationality Act (8 U.S.C. 1452(c)); or ``(2) the end of the final 2-year application period described in paragraph (3) of such section 341(c).''. (b) Citizenship.--Section 341 of the Immigration and Nationality Act (8 U.S.C. 1452) is amended by adding at the end the following: ``(c)(1) An individual who is described in paragraph (2) and satisfies the requirements of paragraphs (3) and (4) may be issued a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the individual is so eligible, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship. ``(2) An individual is described in this paragraph if the name of the individual appears on a citizenship eligibility list provided to the Attorney General pursuant to section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-13) because such individual-- ``(A) is of Kickapoo descent; ``(B) is a member of-- ``(i) the Kickapoo Tribe of Oklahoma (as defined in section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12)); or ``(ii) the Kickapoo Traditional Tribe of Texas (as so defined); ``(C) was born outside the United States and its outlying possessions; ``(D) resides permanently in the United States; and ``(E) is not otherwise a citizen or national of the United States. ``(3) An individual described in paragraph (2) may apply to the Attorney General for a certificate of citizenship under this subsection only during a 2-year period commencing on the date following publication, pursuant to section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-13), of the notice of completion of a citizenship eligibility list on which the name of the applicant appears. ``(4) The Attorney General may not grant an application for a certificate of citizenship under this subsection unless the applicant is, and has been during the 5-year period immediately preceding the filing of the application, a person of good moral character.''. SEC. 5. LAND ACQUISITION. Section 5 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-14) is amended to read as follows: ``SEC. 5. LAND ACQUISITION. ``(a) Applicability of the Indian Reorganization Act.--The Secretary is authorized to exercise authority under section 5 of the Act of June 18, 1934 (25 U.S.C. 465; popularly known as the Indian Reorganization Act), for the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas with respect to lands in Maverick County, Texas, only. ``(b) Relinquishment of Trust Title.-- ``(1) In general.--The Secretary is hereby directed to allow the Kickapoo Tribe of Oklahoma, upon its request, to relinquish its claim to beneficial title to the land described in paragraph (2) of this subsection in exchange for the replacement land described in subsection (c). ``(2) Land description.--Lands referred to in paragraph (1) are those lands known as the Kickapoo Reservation, legal title to which is held in trust by the United States, and described as being all that certain lot, tract, or parcel of land lying and being situated in the County of Maverick, State of Texas. Such lands are more particularly described as follows: Being 125.43 acres lying and situated in said Maverick County, Texas, and being 42.07 acres out of survey 20, Abstract 723 and 83.36 acres out of Survey 21, Abstract 811; said acreage being the same land conveyed from the Veteran's Land Board of Texas to Arthur Meixner as said conveyance is recorded in volume 51, page 288 of the Maverick County Deed Records, as more particularly described in that certain deed recorded in Book 238, pages 324-326 of the Maverick County Deed Records. ``(c) Trust Status for Replacement Lands.-- ``(1) In general.--No later than 60 days after the relinquishment of trust title as provided in subsection (b), the Secretary shall accept all right, title, and interest of the Kickapoo Tribe of Oklahoma in and to the land described in paragraph (2) as replacement land and take that land into trust for the benefit of the Kickapoo Tribe of Oklahoma if-- ``(A) the Kickapoo Tribe of Oklahoma so requests; ``(B) there are no adverse legal claims on such property, including outstanding liens, mortgages, or taxes owed; and ``(C) the land described in subsection (b)(2) is no longer held in trust by the United States for the benefit of the Kickapoo Tribe of Oklahoma. ``(2) Land description.--Lands referred to in paragraph (1) are described as follows: ``(A) The Surface estate only in and to the following described property to wit: being all that certain tract or parcel of land together with all improvements thereon, and being 173.0 acre tract of land, out of survey 56, abstract 778 and survey 57, abstract 782, in Maverick County, Texas, and being a part of 2,460.6607 acre tract recorded in vol. 425, page 393, official public records of Maverick County, Texas, as more particularly described in that certain deed recorded in said Maverick County, Texas, as Document Number 108772 in Book 663, page 243-244. ``(B) The Surface estate only in and to the following described property to wit: being all that certain tract or parcel of land together with all improvements thereon, and being 200.0 acre tract of land, out of survey 57, survey 58 and survey 13, in Maverick County, Texas, and being a part of 2,460.6607 acre tract recorded in vol. 425, page 393, official public records of Maverick County, Texas, as more particularly described in that certain deed recorded in said Maverick County, Texas, as Document Number 108910 in Book 664, page 335-339.''. SEC. 6. JURISDICTION. Section 6 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-15) is amended by striking ``Band's trust lands'' and inserting ``lands held in trust in Maverick County for the Kickapoo Tribe of Oklahoma and for the Kickapoo Traditional Tribe of Texas,''. SEC. 7. PROVISION OF FEDERAL INDIAN SERVICES. Section 7 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-16) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Eligibility for Federal Indian Services.--Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas, and their respective members who reside in Maverick County, Texas, shall be eligible for such programs and services without regard to the existence of a reservation, residence on or near a reservation, or the compilation of the Membership Rolls pursuant to 25 U.S.C. 1300b-13(a).''; and (2) in subsection (b)-- (A) by inserting after ``(b)'' the following: ``Consultation With Mexican Government.--''; and (B) by striking ``the Band and its members'' and inserting ``the Kickapoo Tribes and their respective tribal members''.

Texas Band of Kickapoo Act Amendments - Amends the Texas Band of Kickapoo Act to require the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas (Tribes) to each update the membership roll of its members. Requires the Tribes to compile a list of their tribal members who permanently reside, but were not born in, the United States and are not otherwise citizens or nationals of the United States.Amends the Immigration and Naturalization Act to declare that a person who is of Kickapoo descent, a member of either of the Tribes, was born outside of, but permanently resides in the United States, and is not otherwise a citizen or national of the United States, may apply to the Attorney General for a United States certificate of citizenship. Authorizes the Attorney General to issue a certificate of citizenship to such individuals.Amends the Texas Band of Kickapoo Act to direct the Secretary of the Interior to allow the Kickapoo Tribe of Oklahoma to relinquish its claim to beneficial title to the Kickapoo Reservation in Maverick County, Texas. Requires the Secretary, at the request of the Tribe, to accept such land as replacement land and take that land into trust for the benefit of the Kickapoo Tribe if there are no adverse legal claims on the land.Extends the eligibility of individuals for Federal Indian programs and services from the Texas Band of Kickapoo Indians to both Kickapoo Tribes.

{"src": "billsum_train", "title": "To clarify the rights of United States citizenship and eligibility for Federal benefits for all enrolled members of the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas, and for other purposes."}

SECTION 1. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED AFTER DECEMBER 31, 2001, AND BEFORE JANUARY 1, 2004. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following new subsection: ``(k) Special Allowance for Certain Property Acquired After December 31, 2001, and Before January 1, 2004.-- ``(1) Additional allowance.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 30 percent of the adjusted basis of the qualified property, and ``(B) the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less or which is water utility property, ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(III) which is qualified leasehold improvement property, or ``(IV) which is eligible for depreciation under section 167(g), ``(ii) the original use of which commences with the taxpayer after December 31, 2001, ``(iii) which is-- ``(I) acquired by the taxpayer after December 31, 2001, and before January 1, 2004, but only if no written binding contract for the acquisition was in effect before January 1, 2002, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after December 31, 2001, and before January 1, 2004, and ``(iv) which is placed in service by the taxpayer before January 1, 2004, or, in the case of property described in subparagraph (B), before January 1, 2005. ``(B) Certain property having longer production periods treated as qualified property.-- ``(i) In general.--The term `qualified property' includes property-- ``(I) which meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A), ``(II) which has a recovery period of at least 10 years or is transportation property, and ``(III) which is subject to section 263A by reason of clause (ii) or (iii) of subsection (f)(1)(B) thereof. ``(ii) Only pre-january 1, 2004, basis eligible for additional allowance.--In the case of property which is qualified property solely by reason of clause (i), paragraph (1) shall apply only to the extent of the adjusted basis thereof attributable to manufacture, construction, or production before January 1, 2004. ``(iii) Transportation property.--For purposes of this subparagraph, the term `transportation property' means tangible personal property used in the trade or business of transporting persons or property. ``(C) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(I) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(II) after application of section 280F(b) (relating to listed property with limited business use). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(D) Special rules.-- ``(i) Self-constructed property.--In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of clause (iii) of subparagraph (A) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after December 31, 2001, and before January 1, 2004. ``(ii) Sale-leasebacks.--For purposes of subparagraph (A)(ii), if property-- ``(I) is originally placed in service after December 31, 2001, by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(E) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $4,600. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(3) Qualified leasehold improvement property.--For purposes of this subsection-- ``(A) In general.--The term `qualified leasehold improvement property' means any improvement to an interior portion of a building which is nonresidential real property if-- ``(i) such improvement is made under or pursuant to a lease (as defined in subsection (h)(7))-- ``(I) by the lessee (or any sublessee) of such portion, or ``(II) by the lessor of such portion, ``(ii) such portion is to be occupied exclusively by the lessee (or any sublessee) of such portion, and ``(iii) such improvement is placed in service more than 3 years after the date the building was first placed in service. ``(B) Certain improvements not included.--Such term shall not include any improvement for which the expenditure is attributable to-- ``(i) the enlargement of the building, ``(ii) any elevator or escalator, ``(iii) any structural component benefiting a common area, and ``(iv) the internal structural framework of the building. ``(C) Definitions and special rules.--For purposes of this paragraph-- ``(i) Binding commitment to lease treated as lease.--A binding commitment to enter into a lease shall be treated as a lease, and the parties to such commitment shall be treated as lessor and lessee, respectively. ``(ii) Related persons.--A lease between related persons shall not be considered a lease. For purposes of the preceding sentence, the term `related persons' means-- ``(I) members of an affiliated group (as defined in section 1504), and ``(II) persons having a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection. ``(D) Improvements made by lessor.--In the case of an improvement made by the person who was the lessor of such improvement when such improvement was placed in service, such improvement shall be qualified leasehold improvement property (if at all) only so long as such improvement is held by such person.''. (b) Allowance Against Alternative Minimum Tax.-- (1) In general.--Section 56(a)(1)(A) of the Internal Revenue Code of 1986 (relating to depreciation adjustment for alternative minimum tax) is amended by adding at the end the following new clause: ``(iii) Additional allowance for certain property acquired after december 31, 2001, and before january 1, 2004.--The deduction under section 168(k) shall be allowed.'' (2) Conforming amendment.--Clause (i) of section 56(a)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``clause (ii)'' both places it appears and inserting ``clauses (ii) and (iii)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2001, in taxable years ending after such date.

Amends the Internal Revenue Code to provide for an additional depreciation allowance for "qualified property" acquired after December 31, 2001 and before January 1, 2004. Defines such property.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a special depreciation allowance for certain property acquired after December 31, 2001, and before January 1, 2004."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Illegal Obamacare Subsidies Act''. SEC. 2. LIMITATION ON AUTO-ENROLLMENT. Notwithstanding any other provision of law, American Health Benefit Exchanges shall not provide for automatic enrollment in health plans under such exchanges until the Inspector General of the Department of Health and Human Services verifies that each State Exchange established under section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 13031) and the Federal Exchange established under section 1321 of such Act (42 U.S.C. 18041) has resolved the inconsistencies (as defined in section 3(a)) outlined in the June 2014 report of such Inspector General. SEC. 3. PROCESS FOR APPLICATIONS WITH INCONSISTENCIES. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall make public the steps that the Centers for Medicare & Medicaid Services and the Federal Exchange will take to clear any inconsistencies that arose on or before the date of enactment of this Act and to ensure that the systems used by the Centers for Medicare & Medicaid Services to determine or assess eligibility for premium tax credits, cost-sharing reductions, Medicaid, and the State Children's Health Insurance Program (CHIP) can resolve such inconsistencies not later than 30 days after the date of enactment of this Act. (b) Methods To Monitor Progress.--Not later than 30 days after the date of enactment of this Act, the Secretary shall make public the methods that the Centers for Medicare & Medicaid Services use to monitor, track, and measure the progress of the Federal Exchange and State Exchanges in resolving inconsistencies. (c) Suspension of Financial Assistance Programs.--Premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and the reduced cost-sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) shall not be available for plan year 2015. Such premium tax credit and cost- sharing programs shall resume only after-- (1) the Commissioner of the Social Security Administration affirmatively declares that all inconsistencies related to invalid social security numbers have been resolved; and (2) the Inspector General of the Department of Health and Human Services determines that all inconsistencies, as defined in section 4(1), have been resolved. (d) Requests for Additional Information.-- (1) In general.--If applicant information provided by an individual seeking to enroll in a qualified health plan on a State or Federal Exchange contains inconsistencies, the Secretary shall request additional information from the individual, and the individual shall have 90 days to provide such information. (2) Restrictions during inconsistency period.--During the inconsistency period, an individual may be enrolled in qualified health plan, but may not participate in the premium assistance credit program under section 36B of the Internal Revenue Code of 1986 or the reduced cost-sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). An individual who cooperates with a request for additional information and whom the Secretary later determines to be eligible for such programs, shall retroactively receive the benefits of such programs that such individual was eligible to receive for the inconsistency period. (3) Failure to submit additional information.--If the applicant does not submit additional information requested under subparagraph (A)-- (A)(i) the applicant shall be withdrawn from the premium assistance credit program under section 36B of the Internal Revenue Code of 1986 and the reduced cost- sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), as applicable, at the end of the inconsistency period; and (ii) the Secretary shall send notification of such disenrollment to the applicable health insurance issuer; and (B) the applicant shall re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``inconsistencies'' means differences between the self-attested information provided by an applicant in enrolling in a health plan on an Exchange and being determined eligible for premium tax credits and cost-sharing reductions or in being determined to be eligible for enrollment in a State Medicaid plan or a State child health plan under the State Children's Health Insurance Program (CHIP) and the data received through the Federal Data Services Hub or from other data sources, including differences with respect to-- (A) citizenship; (B) income; (C) coverage under an eligible employer-sponsored plan; (D) incarceration status; or (E) any other issue that would impact individual's eligibility for financial assistance programs under the Patient Protection and Affordable Care Act (including the amendments made by such Act); and (2) the term ``inconsistency period'' means the 90-day period beginning on the date the notice of an inconsistency is sent to the applicant.

Stopping Illegal Obamacare Subsidies Act - Prohibits American Health Benefit Exchanges from providing for automatic enrollment in health plans until the Inspector General (IG) of the Department of Health and Human Services (HHS) verifies that each state exchange and the federal exchange established under the Patient Protection and Affordable Care Act (PPACA) have resolved the inconsistencies outlined in the June 14 IG report. Directs the Secretary of HHS to make public the steps that the Centers for Medicare and Medicaid Services (CMS) and the federal exchange will take to clear any inconsistencies that arose on or before the enactment of this Act and to ensure that the systems used by the CMS to determine or assess eligibility for premium tax credits, cost-sharing reductions, Medicaid, and the State Children's Health Insurance Program (CHIP) under title XXI of the Social Security Act can resolve such inconsistencies within 30 days after enactment of this Act. Directs the Secretary to make public the methods that the CMS use to monitor, track, and measure the progress of the federal and state exchanges in resolving inconsistencies. Suspends for plan year 2015 the availability of premium assistance tax credits and the reduced cost-sharing program under PPACA; and allows them to resume only after the Commissioner of the Social Security Administration declares affirmatively that all inconsistencies related to invalid Social Security numbers have been resolved, and the IG determines that this is so. Directs the Secretary to request additional information from any applicant for a qualified health plan on a state or federal exchange whose information contains inconsistencies. Requires the applicant to: (1) be withdrawn from the premium assistance credit and reduced cost-sharing programs if the additional information is not provided within 90 days, and (2) re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period.

{"src": "billsum_train", "title": "Stopping Illegal Obamacare Subsidies Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missile Defense Burdensharing Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has established burdensharing arrangements with Japan, member nations of the North Atlantic Treaty Organization (NATO), and other countries to share the costs of common defense efforts and successfully solicited contributions from several countries to offset costs relating to the Persian Gulf War. (2) The President has stated that a missile defense system should be deployed to protect allies and other friendly foreign countries as well as the United States. SEC. 3. DETERMINATION OF SCOPE OF MISSILE DEFENSE SYSTEM; DESIGNATION OF PROTECTED COUNTRIES. (a) Determination Relating to Scope of Missile Defense System.--Not later than 120 days after the date of the enactment of this Act, the President-- (1) shall determine whether any missile defense system to be developed by the United States is intended to protect the territory of allied or other friendly foreign countries, in addition to the territory of the United States, from ballistic missile attack; and (2) shall prepare and transmit to Congress a report containing the determination of the President under paragraph (1). (b) Designation of Protected Countries.--If the President makes a determination under subsection (a)(1) that a proposed United States missile defense system is intended to protect the territory of allied or other friendly foreign countries from ballistic missile attack, the President-- (1) shall designate each allied or other friendly foreign country, with respect to which the system is intended to protect, as a protected country for the purposes of this Act, and shall so notify Congress in writing at least 30 days prior to the designation; and (2) shall notify Congress in writing at least 30 days prior to the termination of a designation of a country. (c) Additional Requirement With Respect to Termination of Designation of Protected Countries.-- (1) In general.--As part of the notification to Congress with respect to the termination of a designation of a country as a protected country under subsection (b)(2), the President shall include a description of the reasons for the termination, including an assessment of the effect of the termination on the security relations between the country and the United States and on mutual commitments of the United States under bilateral and multilateral security arrangements, such as the North Atlantic Treaty. (2) Notification of involved countries.--The President shall transmit to the government of a country with respect to which the President has terminated the designation of the country as a protected country under subsection (b)(2) a copy of the notification to Congress with respect to such termination. SEC. 4. BURDENSHARING CONTRIBUTIONS BY PROTECTED COUNTRIES. (a) Solicitation of Contributions.--The President shall seek financial contributions from each protected country designated by the President under section 3(b)(1) commensurate with the country's proportional share of protection from the United States missile defense system. (b) Use of Contributions.--Contributions received pursuant to subsection (a) shall be used to offset costs incurred by the United States for deployment of the missile defense system, including costs relating to procurement, construction, operations, and personnel. SEC. 5. ANNUAL REPORTS. (a) Report by Secretary of Defense.-- (1) In general.--The Secretary of Defense, acting through the Ballistic Missile Defense Organization, shall submit to Congress an annual report that-- (A) identifies each foreign country that would receive protection under the missile defense system from ballistic missile attack, irrespective of whether or not the country has been designated by the President under section 3(b)(1) as a protected country; and (B) describes the nature and extent of the protection for each such foreign country. (2) Form.--The report shall be submitted in unclassified form, but may contain a classified annex. (b) Report by the President.--The President shall transmit to Congress as part of the annual budget request a report that-- (1) describes the extent to which each protected country designated by the President under section 3(b)(1) has provided financial contributions to the United States in accordance with section 4(a); (2) describes the proportion of actual and expected contributions by each protected country as a share of overall costs of the missile defense system; and (3) describes efforts by the United States to obtain payments from protected countries that have not fully contributed to their share of protection under the missile defense system. SEC. 6. RULE OF CONSTRUCTION. In this Act, the term ``missile defense system'' does not include a theater missile defense system that is designed or deployed to defend elements of the United States Armed Forces that are deployed outside the United States.

Missile Defense Burdensharing Act of 2001 - Directs the President to: (1) determine whether any missile defense system to be developed by the United States is intended to protect, in addition to U.S. territory, the territory of allied or other friendly countries from ballistic missile attack; and (2) seek financial contributions from each protected country, if any, commensurate with their proportional share of protection from such system.

{"src": "billsum_train", "title": "To provide for burdensharing contributions from allied and other friendly foreign countries for the costs of deployment of any United States missile defense system that is designed to protect those countries from ballistic missile attack."}

SECTION 1. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION COUNCIL. (a) Establishment.--There is established the National Foreign Language Coordination Council (in this section referred to as the ``Council''), which shall be an independent establishment as defined under section 104 of title 5, United States Code. (b) Membership.--The Council shall consist of the following members or their designees: (1) The National Language Director, who shall serve as the chairperson of the Council. (2) The Secretary of Education. (3) The Secretary of Defense. (4) The Secretary of State. (5) The Secretary of Homeland Security. (6) The Attorney General. (7) The Director of National Intelligence. (8) The Secretary of Labor. (9) The Director of the Office of Personnel Management. (10) The Director of the Office of Management and Budget. (11) The Secretary of Commerce. (12) The Secretary of Health and Human Services. (13) The Secretary of the Treasury. (14) The Secretary of Housing and Urban Development. (15) The Secretary of Agriculture. (16) The Chairman and President of the Export-Import Bank of the United States. (17) The heads of such other Federal agencies as the Council considers appropriate. (c) Responsibilities.-- (1) In general.--The Council shall be charged with-- (A) developing a national foreign language strategy, within 18 months of the date of enactment of this section, in consultation with-- (i) State and local government agencies; (ii) academic sector institutions; (iii) foreign language related interest groups; (iv) business associations; (v) industry; (vi) heritage associations; and (vii) other relevant stakeholders; (B) conducting a survey of the status of Federal agency foreign language and area expertise and agency needs for such expertise; and (C) monitoring the implementation of such strategy through-- (i) application of current and recently enacted laws; and (ii) the promulgation and enforcement of rules and regulations. (2) Strategy content.--The strategy developed under paragraph (1) shall include-- (A) identification of crucial priorities across all sectors; (B) identification and evaluation of Federal foreign language programs and activities, including-- (i) any duplicative or overlapping programs that may impede efficiency; (ii) recommendations on coordination; (iii) program enhancements; and (iv) allocation of resources so as to maximize use of resources; (C) needed national policies and corresponding legislative and regulatory actions in support of, and allocation of designated resources to, promising programs and initiatives at all levels (Federal, State, and local), especially in the less commonly taught languages that are seen as critical for national security and global competitiveness during the next 20 to 50 years; (D) effective ways to increase public awareness of the need for foreign language skills and career paths in all sectors that can employ those skills, with the objective of increasing support for foreign language study among-- (i) Federal, State, and local leaders; (ii) students; (iii) parents; (iv) elementary, secondary, and postsecondary educational institutions; and (v) employers; (E) recommendations for incentives for related educational programs, including foreign language teacher training; (F) coordination of cross-sector efforts, including public-private partnerships; (G) coordination initiatives to develop a strategic posture for language research and recommendations for funding for applied foreign language research into issues of national concern; (H) recommendations for assistance for-- (i) the development of foreign language achievement standards; and (ii) corresponding assessments for the elementary, secondary, and postsecondary education levels, including the National Assessment of Educational Progress in foreign languages; (I) recommendations for development of-- (i) language skill-level certification standards; (ii) frameworks for pre-service and professional development study for those who teach foreign language; and (iii) suggested graduation criteria for foreign language studies and appropriate non- language studies, such as-- (I) international business; (II) national security; (III) public administration; (IV) health care; (V) engineering; (VI) law; (VII) journalism; and (VIII) sciences; (J) identification of and means for replicating best practices at all levels and in all sectors, including best practices from the international community; and (K) recommendations for overcoming barriers in foreign language proficiency. (d) Submission of Strategy to President and Congress.--Not later than 18 months after the date of enactment of this section, the Council shall prepare and transmit to the President and the relevant committees of Congress the strategy required under subsection (c). (e) Meetings.--The Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate, but shall meet in formal session at least 2 times a year. State and local government agencies and other organizations (such as academic sector institutions, foreign language-related interest groups, business associations, industry, and heritage community organizations) shall be invited, as appropriate, to public meetings of the Council at least once a year. (f) Staff.-- (1) In general.--The Director may-- (A) appoint, without regard to the provisions of title 5, United States Code, governing the competitive service, such personnel as the Director considers necessary; and (B) compensate such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title. (2) Detail of government employees.--Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege (3) Experts and consultants.--With the approval of the Council, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Travel expenses.--Council members and staff shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (5) Security clearance.-- (A) In general.--Subject to subparagraph (B), the appropriate Federal agencies or departments shall cooperate with the Council in expeditiously providing to the Council members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (B) Exception.--No person shall be provided with access to classified information under this section without the appropriate required security clearance access. (6) Compensation.--The rate of pay for any employee of the Council (including the Director) may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (g) Powers.-- (1) Delegation.--Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this section. (2) Information.-- (A) Council authority to secure.--The Council may secure directly from any Federal agency such information, consistent with Federal privacy laws, including The Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and Department of Education's General Education Provisions Act (20 U.S.C. 1232(h)), the Council considers necessary to carry out its responsibilities. (B) Requirement to furnish requested information.-- Upon request of the Director, the head of such agency shall furnish such information to the Council. (3) Donations.--The Council may accept, use, and dispose of gifts or donations of services or property. (4) Mail.--The Council may use the United States mail in the same manner and under the same conditions as other Federal agencies. (h) Conferences, Newsletter, and Website.--In carrying out this section, the Council-- (1) may arrange Federal, regional, State, and local conferences for the purpose of developing and coordinating effective programs and activities to improve foreign language education; (2) may publish a newsletter concerning Federal, State, and local programs that are effectively meeting the foreign language needs of the Nation; and (3) shall create and maintain a website containing information on the Council and its activities, best practices on language education, and other relevant information. (i) Reports.--Not later than 90 days after the date of enactment of this section, and annually thereafter, the Council shall prepare and transmit to the President and the relevant committees of Congress a report that describes-- (1) the activities of the Council; (2) the efforts of the Council to improve foreign language education and training; and (3) impediments to the use of a National Foreign Language program, including any statutory and regulatory restrictions. (j) Establishment of a National Language Director.-- (1) In general.--There is established a National Language Director who shall be appointed by the President. The National Language Director shall be a nationally recognized individual with credentials and abilities across the sectors to be involved with creating and implementing long-term solutions to achieving national foreign language and cultural competency. (2) Responsibilities.--The National Language Director shall-- (A) develop and monitor the implementation of a national foreign language strategy across all sectors; (B) establish formal relationships among the major stakeholders in meeting the needs of the Nation for improved capabilities in foreign languages and cultural understanding, including Federal, State, and local government agencies, academia, industry, labor, and heritage communities; and (C) coordinate and lead a public information campaign that raises awareness of public and private sector careers requiring foreign language skills and cultural understanding, with the objective of increasing interest in and support for the study of foreign languages among national leaders, the business community, local officials, parents, and individuals. (k) Encouragement of State Involvement.-- (1) State contact persons.--The Council shall consult with each State to provide for the designation by each State of an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council. (2) State interagency councils and lead agencies.--Each State is encouraged to establish a State interagency council on foreign language coordination or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local government agencies as necessary. (l) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section.

Establishes the National Foreign Language Coordination Council to develop and implement a national foreign language strategy. Includes heads of certain federal agencies as members of the Council. Establishes a National Language Director, to be appointed by the President, to: (1) chair the Council; (2) develop and oversee implementation of the strategy; (3) establish formal relationships among major stakeholders, including federal, state, and local government agencies, academia, industry, labor, and heritage communities; and (4) coordinate and lead a public information campaign. Requires the Council to consult with states to provide for designation of state contact persons. Encourages formation of state interagency councils, or designation of state lead agencies, to coordinate with the Council and state and local agencies.

{"src": "billsum_train", "title": "To establish a National Foreign Language Coordination Council."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``CJ's Home Protection Act of 2007''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) nearly 20,000,000 Americans live in manufactured homes, which often provide a more accessible and affordable way for many families to buy their own homes; (2) manufactured housing plays a vital role in providing housing for low- and moderate-income families in the United States; (3) NOAA Weather Radio (NWR) is a nationwide network of radio stations broadcasting continuous weather information directly from a nearby National Weather Service (NWS) office, and broadcasts NWS warnings, watches, forecasts, and other all- hazard information 24 hours a day; (4) the operators of manufactured housing communities should be encouraged to provide a safe place of shelter for community residents or a plan for the evacuation of community residents to a safe place of shelter within a reasonable distance of the community for use by community residents in times of severe weather, including tornados and high winds, and local municipalities should be encouraged to require approval of these plans; (5) the operators of manufactured housing communities should be encouraged to provide a written reminder semiannually to all owners of manufactured homes in the manufactured housing community to replace the batteries in their weather radios; and (6) weather radio manufacturers should include, in the packaging of weather radios, a written reminder to replace the batteries twice each year and written instructions on how to do so. SEC. 3. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARD. Section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403) is amended by adding at the end the following new subsection: ``(i) Weather Radios.-- ``(1) Construction and safety standard.--The Federal manufactured home construction and safety standards established by the Secretary under this section shall require that each manufactured home delivered for sale shall be supplied with a weather radio inside the manufactured home that-- ``(A) is capable of broadcasting emergency information relating to local weather conditions; ``(B) is equipped with a tone alarm; ``(C) is equipped with Specific Alert Message Encoding, or SAME technology; and ``(D) complies with Consumer Electronics Association (CEA) Standard 2009-A (or current revision thereof) Performance Specification for Public Alert Receivers. ``(2) Liability protections.--No aspect of the function, operation, performance, capabilities, or utilization of the weather radio required under this subsection, or any instructions related thereto, shall be subject to the requirements of section 613 or 615 or any regulations promulgated by the Secretary pursuant to the authority under such sections.''. SEC. 4. ESTABLISHMENT. Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the consensus committee established pursuant to section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5304(a)(3)) shall develop and submit to the Secretary of Housing and Urban Development a proposed Federal manufactured home construction and safety standard required under section 604(i) of such Act (as added by the amendment made by section 3 of this Act). Notwithstanding section 604(a)(5)(B) of such Act, the Secretary of Housing and Urban Development shall issue a final order promulgating the standard required by such section 604(i) not later than the expiration of the 90-day period beginning upon receipt by the Secretary of the proposed standard developed and submitted by the consensus committee. SEC. 5. STUDY. The Secretary of Housing and Urban Development shall conduct of study regarding conditioning the applicability of the requirement under the amendment made by section 3 of this Act (relating to supplying weather radios in manufactured homes) on the geographic location at which a manufactured home is placed, but only to the extent that such requirement applies to new manufactured homes and new site-built homes. In conducting such study and making determinations under to the study, the Secretary shall take into consideration severe weather conditions, such as high winds and flooding, and wind zones and other severe weather data available from the National Weather Service. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Secretary shall complete the study and submit a report regarding the results of the study to the Committee on Financial Services of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs of the Senate. Passed the House of Representatives October 30, 2007. Attest: LORRAINE C. MILLER, Clerk.

CJ's Home Protection Act of 2007 - Requires the consensus committee established under the National Manufactured Housing Construction and Safety Standards Act of 1974, within 90 days of enactment of this Act, to develop and submit to the Secretary of Housing and Urban Development proposed federal manufactured home construction and safety standards. Requires the Secretary to issue a final order promulgating the standard within 90 days after receiving the proposal. Amends the Act to require such standards to require each manufactured home delivered for sale to be supplied with a weather radio: (1) capable of broadcasting emergency information relating to local weather conditions; (2) equipped with a tone alarm and Specific Alert Message Encoding, or SAME technology; and (3) compliant with the Consumer Electronics Association (CEA) Standard 2009-A Performance Specification for Public Alert Receivers (or its current revision). Exempts any aspect of the function, operation, performance, capabilities, or utilization of such weather radio or any related instructions from certain requirements regarding: (1) noncompliance with standards or defective nature of manufactured homes; (2) notification and correction of defects by such manufacturers; or (3) the Secretary's regulations pursuant to the authority under such Act. Requires the Secretary to study and report to specified congressional committees on conditioning the applicability of the requirement to supply weather radios in manufactured homes on the geographic location at which a manufactured home is placed, but only to the extent that such requirement applies to new manufactured homes and new site-built homes.

{"src": "billsum_train", "title": "To amend the National Manufactured Housing Construction and Safety Standards Act of 1974 to require that weather radios be installed in all manufactured homes manufactured or sold in the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Task Force to Combat Opioid Trafficking Act of 2018''. SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO COUNTER OPIOIDS. (a) In General.--Section 708(b) of the Homeland Security Act of 2002 (6 U.S.C. 348(b)) is amended-- (1) in paragraph (2)(A), by adding at the end the following new clause: ``(iv) Enhancing the integration of the Department's border security operations to detect, interdict, disrupt, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States.''; (2) by redesignating paragraphs (9) through (13) as paragraphs (11) through (15), respectively; and (3) by inserting after paragraph (8) the following new paragraphs: ``(9) Engagement with the private sector.-- ``(A) In general.--The Director of a Joint Task Force may engage with representatives from a private sector organization for the purpose of carrying out the mission of such Joint Task Force, and any such engagement shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(B) Assistance from private sector.-- ``(i) In general.--Notwithstanding subsection (b)(1), the Secretary, with the agreement of a private sector organization, may arrange for the temporary assignment of employees of the organization to the Joint Task Force in accordance with this paragraph. ``(ii) Application of ethics rules.--An employee of a private sector organization assigned under clause (i)-- ``(I) shall be deemed to be a special government employee for purposes of Federal law, including chapter 11 of title 18, United States Code, and the Ethics in Government Act of 1978 (5 U.S.C. App.); and ``(II) notwithstanding section 202(a) of title 18, United States Code, may be assigned to the Joint Task Force for a period of not longer than 2 years. ``(C) No financial liability.--Any agreement under this paragraph shall require the private sector organization concerned to be responsible for all costs associated with the assignment of an employee under this paragraph. ``(D) Duration.--An assignment under this paragraph may, at any time and for any reason, be terminated by the Secretary or the private sector organization concerned and shall be for a total period of not more than 2 years. ``(10) Collaboration with task forces outside dhs.--The Secretary may enter into a memorandum of understanding by which a Joint Task Force established under this section to carry out any purpose specified in paragraph (2)(A) and any other Federal, State, local, tribal, territorial, or international task force established for a similar purpose may collaborate for the purpose of carrying out the mission of such Joint Task Force.''. (b) Technical and Conforming Amendment.--Section 708(c) of the Homeland Security Act of 2002 (6 U.S.C. 348(c)) is amended by striking ``subsection (b)(10)'' and inserting ``subsection (b)(12)''. SEC. 3. NOTIFICATION; REPORTING. (a) Notification.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) make a determination regarding whether to establish a Joint Task Force under section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348) to carry out the purpose specified in clause (iv) of subsection (b)(2)(A) of such section, as added by section 2 of this Act; and (2) submit to the Committee on Homeland Security of the House and the Committee on Homeland Security and Governmental Affairs of the Senate written notification of such determination, including, if such determination is in the negative, information on the basis for such negative determination. (b) Reporting.--If the Secretary of Homeland Security establishes a Joint Task Force under section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348) to carry out the purpose specified in clause (iv) of subsection (b)(2)(A) of such section, as added by section 2 of this Act, the Secretary shall-- (1) beginning with the first report required under subsection (b)(6)(F) of such section 708, include with respect to such a Joint Task Force-- (A) a gap analysis of funding, personnel, technology, or other resources needed in order to detect, interdict, disrupt, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States; and (B) a description of collaboration pursuant to subsection (b)(10) of such section 708 (as added by section 2 of this Act) between such a Joint Task Force and any other Federal, State, local, tribal, territorial, or international task force, including the United States Postal Service and the United States Postal Inspection Service; and (2) in each report required under subsection (b)(11)(C) of such section 708, as redesignated by section 2 of this Act, an assessment of the activities of such a Joint Task Force, including an evaluation of whether such Joint Task Force has enhanced integration of the Department's efforts, created any unique capabilities, or otherwise enhanced operational effectiveness, coordination, or information sharing to detect, interdict, disrupt, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States.

Joint Task Force to Combat Opioid Trafficking Act of 2018 This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to establish a joint task force to enhance DHS border security operations to detect, interdict, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States. The task force may coordinate with the private sector and with other federal, state, local, tribal, territorial, or international task forces and entities. DHS shall determine whether to establish the task force and notify Congress of its determination within 90 days.

{"src": "billsum_train", "title": "Joint Task Force to Combat Opioid Trafficking Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Families Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Institute on Drug Abuse estimates that in 1962, less than 1 percent of the nation's adolescents had ever tried an illicit drug. By 1979, drug use among young people had escalated to the highest levels in history: 34 percent of adolescents (ages 12-17), 65 percent of high school seniors (age 18), and 70 percent of young adults (ages 18-25) had used an illicit drug in their lifetime. (2) Drug use among young people was not confined to initial trials. By 1979, 16 percent of adolescents, 39 percent of high school seniors, and 38 percent of young adults had used an illicit drug in the past month. Moreover, 1 in 9 high school seniors used marijuana daily. (3) In 1979, the year the largest number of seniors used marijuana, their belief that marijuana could hurt them was at its lowest (35 percent) since surveys have tracked these measures. (4) Three forces appeared to be driving this escalation in drug use among children and young adults. Between 1972 and 1978, a nationwide political campaign conducted by drug legalization advocates persuaded 11 State legislatures to ``decriminalize'' marijuana. (Many of those States have subsequently ``recriminalized'' the drug.) Such legislative action reinforced advocates' assertion that marijuana was ``relatively harmless.'' (5) The decriminalization effort gave rise to the emergence of ``head shops'' (shops for ``heads,'' or drug users--``coke heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug paraphernalia--an array of toys, implements, and instructional pamphlets and booklets to enhance the use of illicit drugs. Some 30,000 such shops were estimated to be doing business throughout the nation by 1978. (6) In the absence of Federal funding for drug education then, most of the drug education materials that were available proclaimed that few illicit drugs were addictive and most were ``less harmful'' than alcohol and tobacco and therefore taught young people how to use marijuana, cocaine, and other illicit drugs ``responsibly''. (7) Between 1977 and 1980, 3 national parent drug- prevention organizations--National Families in Action, PRIDE, and the National Federation of Parents for Drug-Free Youth (now called the National Family Partnership)--emerged to help concerned parents form some 4,000 local parent prevention groups across the nation to reverse all of these trends in order to prevent children from using drugs. Their work created what has come to be known as the parent drug-prevention movement, or more simply, the parent movement. This movement set 3 goals: to prevent the use of any illegal drug, to persuade those who had started using drugs to stop, and to obtain treatment for those who had become addicted so that they could return to drug-free lives. (8) The parent movement pursued a number of objectives to achieve these goals. First, it helped parents educate themselves about the harmful effects of drugs, teach that information to their children, communicate that they expected their children not to use drugs, and establish consequences if children failed to meet that expectation. Second, it helped parents form groups with other parents to set common age- appropriate social and behavioral guidelines to protect their children from exposure to drugs. Third, it encouraged parents to insist that their communities reinforce parents' commitment to protect children from drug use. (9) The parent movement stopped further efforts to decriminalize marijuana, both in the States and at the Federal level. (10) The parent movement worked for laws to ban the sale of drug paraphernalia. If drugs were illegal, it made no sense to condone the sale of toys and implements to enhance the use of illegal drugs, particularly when those products targeted children. As town, cities, counties, and States passed anti- paraphernalia laws, drug legalization organizations challenged their Constitutionality in Federal courts until the early 1980's, when the United States Supreme Court upheld Nebraska's law and established the right of communities to ban the sale of drug paraphernalia. (11) The parent movement insisted that drug-education materials convey a strong no-use message in compliance with both the law and with medical and scientific information that demonstrates that drugs are harmful, particularly to young people. (12) The parent movement encouraged others in society to join the drug prevention effort and many did, from First Lady Nancy Reagan to the entertainment industry, the business community, the media, the medical community, the educational community, the criminal justice community, the faith community, and local, State, and national political leaders. (13) The parent movement helped to cause drug use among young people to peak in 1979. As its efforts continued throughout the next decade, and as others joined parents to expand the drug-prevention movement, between 1979 and 1992 these collaborative prevention efforts contributed to reducing monthly illicit drug use by two-thirds among adolescents and young adults and reduced daily marijuana use among high-school seniors from 10.7 percent to 1.9 percent. Concurrently, both the parent movement and the larger prevention movement that evolved throughout the 1980's, working together, increased high school seniors' belief that marijuana could hurt them, from 35 percent in 1979 to 79 percent in 1991. (14) Unfortunately, as drug use declined, most of the 4,000 volunteer parents groups that contributed to the reduction in drug use disbanded, having accomplished the job they set out to do. But the absence of active parent groups left a vacuum that was soon filled by a revitalized drug-legalization movement. Proponents began advocating for the legalization of marijuana for medicine, the legalization of all Schedule I drugs for medicine, the legalization of hemp for medicinal, industrial and recreational use, and a variety of other proposals, all designed to ultimately attack, weaken, and eventually repeal the nation's drug laws. (15) Furthermore, legalization proponents are also beginning to advocate for treatment that maintains addicts on the drugs to which they are addicted (heroin maintenance for heroin addicts, controlled drinking for alcoholics, etc.), for teaching school children to use drugs ``responsibly,'' and for other measures similar to those that produced the drug epidemic among young people in the 1970's. (16) During the 1990's, the message embodied in all of this activity has once again driven down young people's belief that drugs can hurt them. As a result, the reductions in drug use that occurred over 13 years reversed in 1992, and adolescent drug use has more than doubled. (17) Today's parents are almost universally in the workplace and do not have time to volunteer. Many families are headed by single parents. In some families no parents are available, and grandparents, aunts, uncles, or foster parents are raising the family's children. (18) Recognizing that these challenges make it much more difficult to reach parents today, several national parent and family drug-prevention organizations have formed the Parent Collaboration to address these issues in order to build a new parent and family movement to prevent drug use among children. (19) Motivating parents and parent groups to coordinate with local community anti-drug coalitions is a key goal of the Parent Collaboration, as well as coordinating parent and family drug-prevention efforts with Federal, State, and local governmental and private agencies and political, business, medical and scientific, educational, criminal justice, religious, and media and entertainment industry leaders. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) build a movement to help parents and families prevent drug use among their children and adolescents; (2) help parents and families reduce drug abuse and drug addiction among adolescents who are already using drugs, and return them to drug-free lives; (3) increase young people's perception that drugs are harmful to their health, well-being, and ability to function successfully in life; (4) help parents and families educate society that the best way to protect children from drug use and all of its related problems is to convey a clear, consistent, no-use message; (5) strengthen coordination, cooperation, and collaboration between parents and families and all others who are interested in protecting children from drug use and all of its related problems; (6) help parents strengthen their families, neighborhoods, and school communities to reduce risk factors and increase protective factors to ensure the healthy growth of children; and (7) provide resources in the fiscal year 2000 Federal drug control budget for a grant to the Parent Collaboration to conduct a national campaign to mobilize today's parents and families through the provision of information, training, technical assistance, and other services to help parents and families prevent drug use among their children and to build a new parent and family drug-prevention movement. SEC. 4. DEFINITIONS. In this Act: (1) Administrative costs.--The term ``administrative costs'' means those costs that the assigned Federal agency will incur to administer the grant to the Parent Collaboration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Drug Enforcement Administration. (3) No-use message.--The term ``no-use message'' means no use of any illegal drug and no illegal use of any legal drug or substance that is sometimes used illegally, such as prescription drugs, inhalants, and alcohol and tobacco for children and adolescents under the legal purchase age. (4) Parent collaboration.--The term ``Parent Collaboration'' means the legal entity, which is exempt from income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, established by National Families in Action, National Asian Pacific American Families Against Substance Abuse, African American Parents for Drug Prevention, National Association for Native American Children of Alcoholics, and the National Hispano/Latino Community Prevention Network and other groups, that-- (A) have a primary mission of helping parents prevent drug use, drug abuse, and drug addiction among their children, their families, and their communities; (B) have carried out this mission for a minimum of 5 consecutive years; and (C) base their drug-prevention missions on the foundation of a strong, no-use message in compliance with international, Federal, State, and local treaties and laws that prohibit the possession, production, cultivation, distribution, sale, and trafficking in illegal drugs; in order to build a new parent and family movement to prevent drug use among children and adolescents. SEC. 5. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM. (a) In General.--The Administrator shall make a grant to the Parents Collaboration to conduct a national campaign to build a new parent and family movement to help parents and families prevent drug abuse among their children. (b) Termination.--The period of the grant under this section shall be 5 years. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $5,000,000 for each of fiscal years 2000 through 2004 for a grant to the Parent Collaboration to conduct the national campaign to mobilize parents and families. (b) Administrative Costs.--Not more than 5 percent of the total amount made available under subsection (a) in each fiscal year may be used to pay administrative costs of the Parent Collaboration.

Authorizes appropriations. Limits administrative costs to five percent.

{"src": "billsum_train", "title": "Drug-Free Families Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deadly Driver Reduction and Burton H. Greene Memorial Act''. SEC. 2. MINIMUM SENTENCE FOR A PERSON WHO OPERATES A MOTOR VEHICLE WHILE ALCOHOL-IMPAIRED. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 162. National minimum sentence for a person who operates a motor vehicle while alcohol-impaired ``(a) Withholding of Apportionments for Noncompliance.-- ``(1) Fiscal year 2001.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October 1, 2000, if the State does not meet the requirement of paragraph (3) on such date. ``(2) Thereafter.--The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October 1, 2001, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on such date. ``(3) Requirement.--A State meets the requirement of this paragraph if the State has enacted and is enforcing a law which provides for a minimum sentence consistent with the following: ``(A) In the case of the first conviction of a person of operating a motor vehicle while under the influence of alcohol, revocation of the person's driver's license for 6 months. ``(B) In the case of the second conviction of a person of operating a motor vehicle while alcohol- impaired, revocation of the person's driver's license for 1 year. ``(C) In the case of the third or subsequent conviction of a person of operating a motor vehicle while alcohol-impaired, permanent revocation of the person's driver's license. A revocation pursuant to this paragraph shall not be subject to any exception or condition, including an exception or condition to avoid hardship to any individual. ``(b) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 2002.--Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2002, shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 2002.--No funds withheld under this section from apportionment to any State after September 30, 2002, shall be available for apportionment to such State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets such requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which such funds are so apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5)(B), shall lapse and be made available by the Secretary for projects in accordance with section 118. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5)(B), such funds shall lapse and be made available by the Secretary for projects in accordance with section 118.''. (b) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``162. National minimum sentence for a person who operates a motor vehicle while under the influence of alcohol.''.

Deadly Driver Reduction and Burton H. Greene Memorial Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences for operation of a motor vehicle while under the influence of alcohol: (1) revocation of driver's license for six months, in the case of a first conviction; (2) revocation for one year, in the case of a second conviction; and (3) permanent revocation, in the case of a third or subsequent conviction. Allows funds withheld from a State during FY 2001 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years.

{"src": "billsum_train", "title": "Deadly Driver Reduction and Burton H. Greene Memorial Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helium Privatization Act of 1996''. SEC. 2. AMENDMENT OF HELIUM ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Helium Act (50 U.S.C. 167 to 167n). SEC. 3. AUTHORITY OF SECRETARY. Sections 3, 4, and 5 are amended to read as follows: ``SEC. 3. AUTHORITY OF SECRETARY. ``(a) Extraction and Disposal of Helium on Federal Lands.-- ``(1) In general.--The Secretary may enter into agreements with private parties for the recovery and disposal of helium on Federal lands upon such terms and conditions as the Secretary deems fair, reasonable, and necessary. ``(2) Leasehold rights.--The Secretary may grant leasehold rights to any such helium. ``(3) Limitation.--The Secretary may not enter into any agreement by which the Secretary sells such helium other than to a private party with whom the Secretary has an agreement for recovery and disposal of helium. ``(4) Regulations.--Agreements under paragraph (1) may be subject to such regulations as may be prescribed by the Secretary. ``(5) Existing rights.--An agreement under paragraph (1) shall be subject to any rights of any affected Federal oil and gas lessee that may be in existence prior to the date of the agreement. ``(6) Terms and conditions.--An agreement under paragraph (1) (and any extension or renewal of an agreement) shall contain such terms and conditions as the Secretary may consider appropriate. ``(7) Prior agreements.--This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence on the date of enactment of the Helium Privatization Act of 1996 except to the extent that such agreements are renewed or extended after that date. ``(b) Storage, Transportation, and Sale.--The Secretary may store, transport, and sell helium only in accordance with this Act. ``SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE HELIUM. ``(a) Storage, Transportation, and Withdrawal.--The Secretary may store, transport, and withdraw crude helium and maintain and operate crude helium storage facilities, in existence on the date of enactment of the Helium Privatization Act of 1996 at the Bureau of Mines Cliffside Field, and related helium transportation and withdrawal facilities. ``(b) Cessation of Production, Refining, and Marketing.--Not later than 18 months after the date of enactment of the Helium Privatization Act of 1996, the Secretary shall cease producing, refining, and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this Act before the date of enactment of the Helium Privatization Act of 1996, except activities described in subsection (a). ``(c) Disposal of Facilities.-- ``(1) In general.--Subject to paragraph (5), not later than 24 months after the cessation of activities referred to in subsection (b) of this section, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium. ``(2) Applicable law.--The disposal of such property shall be in accordance with the Federal Property and Administrative Services Act of 1949. ``(3) Proceeds.--All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of section 6(f). ``(4) Costs.--All costs associated with such sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium production fund established under section 6(f). ``(5) Exception.--Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage, transportation, and withdrawal of crude helium or any equipment, facilities, or other real or personal property, required to maintain the purity, quality control, and quality assurance of crude helium in the Bureau of Mines Cliffside Field. ``(d) Existing Contracts.-- ``(1) In general.--All contracts that were entered into by any person with the Secretary for the purchase by the person from the Secretary of refined helium and that are in effect on the date of the enactment of the Helium Privatization Act of 1996 shall remain in force and effect until the date on which the refining operations cease, as described in subsection (b). ``(2) Costs.--Any costs associated with the termination of contracts described in paragraph (1) shall be paid from the helium production fund established under section 6(f). ``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL. ``(a) In General.--Whenever the Secretary provides helium storage withdrawal or transportation services to any person, the Secretary shall impose a fee on the person to reimburse the Secretary for the full costs of providing such storage, transportation, and withdrawal. ``(b) Treatment.--All fees received by the Secretary under subsection (a) shall be treated as moneys received under this Act for purposes of section 6(f).''. SEC. 4. SALE OF CRUDE HELIUM. (a) Subsection 6(a) is amended by striking ``from the Secretary'' and inserting ``from persons who have entered into enforceable contracts to purchase an equivalent amount of crude helium from the Secretary''. (b) Subsection 6(b) is amended-- (1) by inserting ``crude'' before ``helium''; and (2) by adding the following at the end: ``Except as may be required by reason of subsection (a), sales of crude helium under this section shall be in amounts as the Secretary determines, in consultation with the helium industry, necessary to carry out this subsection with minimum market disruption.''. (c) Subsection 6(c) is amended-- (1) by inserting ``crude'' after ``Sales of''; and (2) by striking ``together with interest as provided in this subsection'' and all that follows through the end of the subsection and inserting ``all funds required to be repaid to the United States as of October 1, 1995 under this section (referred to in this subsection as `repayable amounts'). The price at which crude helium is sold by the Secretary shall not be less than the amount determined by the Secretary by-- ``(1) dividing the outstanding amount of such repayable amounts by the volume (in million cubic feet) of crude helium owned by the United States and stored in the Bureau of Mines Cliffside Field at the time of the sale concerned, and ``(2) adjusting the amount determined under paragraph (1) by the Consumer Price Index for years beginning after December 31, 1995.''. (d) Subsection 6(d) is amended to read as follows: ``(d) Extraction of Helium From Deposits on Federal Lands.--All moneys received by the Secretary from the sale or disposition of helium on Federal lands shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (c).''. (e) Subsection 6(e) is repealed. (f) Subsection 6(f) is amended-- (1) by striking ``(f)'' and inserting ``(e)(1)''; and (2) by adding the following at the end: ``(2)(A) Within 7 days after the commencement of each fiscal year after the disposal of the facilities referred to in section 4(c), all amounts in such fund in excess of $2,000,000 (or such lesser sum as the Secretary deems necessary to carry out this Act during such fiscal year) shall be paid to the Treasury and credited as provided in paragraph (1). ``(B) On repayment of all amounts referred to in subsection (c), the fund established under this section shall be terminated and all moneys received under this Act shall be deposited in the general fund of the Treasury.''. SEC. 5. ELIMINATION OF STOCKPILE. Section 8 is amended to read as follows: ``SEC. 8. ELIMINATION OF STOCKPILE. ``(a) Stockpile Sales.-- ``(1) Commencement.--Not later than January 1, 2005, the Secretary shall commence offering for sale crude helium from helium reserves owned by the United States in such amounts as would be necessary to dispose of all such helium reserves in excess of 600,000,000 cubic feet on a straight-line basis between such date and January 1, 2015. ``(2) Times of sale.--The sales shall be at such times during each year and in such lots as the Secretary determines, in consultation with the helium industry, to be necessary to carry out this subsection with minimum market disruption. ``(3) Price.--The price for all sales under paragraph (1), as determined by the Secretary in consultation with the helium industry, shall be such price as will ensure repayment of the amounts required to be repaid to the Treasury under section 6(c). ``(b) Discovery of Additional Reserves.--The discovery of additional helium reserves shall not affect the duty of the Secretary to make sales of helium under subsection (a).''. SEC. 6. REPEAL OF AUTHORITY TO BORROW. Sections 12 and 15 are repealed. SEC. 7. LAND CONVEYANCE IN POTTER COUNTY, TEXAS. (a) In General.--The Secretary of the Interior shall transfer all right, title, and interest of the United States in and to the parcel of land described in subsection (b) to the Texas Plains Girl Scout Council for consideration of $1, reserving to the United States such easements as may be necessary for pipeline rights-of-way. (b) Land Description.--The parcel of land referred to in subsection (a) is all those certain lots, tracts or parcels of land lying and being situated in the County of Potter and State of Texas, and being the East Three Hundred Thirty-One (E331) acres out of Section Seventy- eight (78) in Block Nine (9), B.S. & F. Survey, (some times known as the G.D. Landis pasture) Potter County, Texas, located by certificate No. 1/39 and evidenced by letters patents Nos. 411 and 412 issued by the State of Texas under date of November 23, 1937, and of record in Vol. 66A of the Patent Records of the State of Texas. The metes and bounds description of such lands is as follows: (1) First tract.--One Hundred Seventy-one (171) acres of land known as the North part of the East part of said survey Seventy-eight (78) aforesaid, described by metes and bounds as follows: Beginning at a stone 20 x 12 x 3 inches marked X, set by W.D. Twichell in 1905, for the Northeast corner of this survey and the Northwest corner of Section 59; Thence, South 0 degrees 12 minutes East with the West line of said Section 59, 999.4 varas to the Northeast corner of the South 160 acres of East half of Section 78; Thence, North 89 degrees 47 minutes West with the North line of the South 150 acres of the East half, 956.8 varas to a point in the East line of the West half Section 78; Thence, North 0 degrees 10 minutes West with the East line of the West half 999.4 varas to a stone 18 x 14 x 3 inches in the middle of the South line of Section 79; Thence, South 89 degrees 47 minutes East 965 varas to the place of beginning. (2) Second tract.--One Hundred Sixty (160) acres of land known as the South part of the East part of said survey No. Seventy-eight (78) described by metes and bounds as follows: Beginning at the Southwest corner of Section 59, a stone marked X and a pile of stones; Thence, North 89 degrees 47 minutes West with the North line of Section 77, 966.5 varas to the Southeast corner of the West half of Section 78; Thence, North 0 degrees 10 minutes West with the East line of the West half of Section 78; Thence, South 89 degrees 47 minutes East 965.8 varas to a point in the East line of Section 78; Thence, South 0 degrees 12 minutes East 934.6 varas to the place of beginning. Containing an area of 331 acres, more or less. SEC. 8. REPORT ON HELIUM. (a) Not later than three years before the date on which the Secretary commences offering for sale crude helium under section 8, the Secretary shall enter into appropriate arrangements with the National Academy of Sciences to study and report on whether such disposal of helium reserves will have a substantial adverse effect on United States scientific, technical, biomedical, or national security interests. (b) Not later than 18 months before the date on which the Secretary commences offering for sale crude helium under section 8, the Secretary shall transmit to the Congress-- (1) the report of the National Academy under subsection (a); (2) the findings of the Secretary, after consideration of the conclusions of the National Academy under subsection (a) and after consultation with the United States helium industry and with heads of affected Federal agencies, as to whether the disposal of the helium reserve under section 8 will have a substantial adverse effect on the United States helium industry, United States, helium market or United States, scientific, technological, biomedical, or national security interests; and (3) if the Secretary determines that selling the crude helium reserves under the formula established in section 8 will have a substantial adverse effect on the United States helium industry, the United States helium market or United States scientific, technological, biomedical, or national security interest, the Secretary shall make recommendations, including recommendations for proposed legislation, as may be necessary to avoid such adverse effects. Passed the House of Representatives April 30, 1996. Attest: ROBIN H. CARLE, Clerk.

Helium Privatization Act of 1996 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Requires the Secretary to make crude helium sales in amounts that will cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 7) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. (Sec. 8) Directs the Secretary to: (1) enter into arrangements with the National Academy of Sciences to study and report to the Congress on whether disposal of helium reserves (including crude helium reserves) will have a substantial adverse effect upon U.S. scientific, technical, biomedical, or national security interests; (2) determine whether disposal of the helium reserve will have a substantial adverse effect on the U.S. helium industry, the U.S. helium market or such interests; and (3) if the Secretary determines that selling the crude helium reserves will have a substantial adverse effect on the industry, market, or such interests, make recommendations to the Congress, including proposed legislation, necessary to avoid such effects.

{"src": "billsum_train", "title": "Helium Privatization Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Private Sector Encouragement Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are to promote-- (1) development of the Haitian private sector, including small business, the agriculture sector, and joint ventures with the United States and host country participants, and (2) policies and practices conducive to private sector development in Haiti, through loans, grants, equity investments, feasibility studies, technical assistance, training, insurance, guarantees, and other measures. SEC. 3. DESIGNATION OF HAITIAN-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate one private, nonprofit organization established under State law as eligible to receive funds and support under this Act upon a determination by the President that the organization has been established for the purposes described in section 2. For purposes of this Act, the organization so designated shall be referred to as the ``Haitian-American Enterprise Fund''. (b) Consultation With Congress.--Before designating an organization under subsection (a), the President shall consult with-- (1) the majority leader and minority leader of the Senate; and (2) the Speaker and minority leader of the House of Representatives. (c) Additional Requirements.--Except to the extent inconsistent with the provisions of this Act, paragraphs (3) through (5) of section 201(d) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(d)) shall apply to the Haitian-American Enterprise Fund to the same extent and in the same manner as such paragraphs apply to the Polish-American Enterprise Fund, the Hungarian-American Enterprise Fund, the Southern Africa Enterprise Development Fund, and other similarly situated enterprise funds established by the United States Government. SEC. 4. GRANT TO HAITIAN-AMERICAN ENTERPRISE FUND. (a) In General.--The President, acting through the Administrator of the United States Agency for International Development, shall, from amounts appropriated pursuant to the authorization of appropriations under section 7, provide a grant to the Haitian-American Enterprise Fund, which shall be used to-- (1) carry out the purposes described in section 2, including to promote the policies and practices described in subsection (b); and (2) pay the administrative expenses of the Enterprise Fund. (b) Policies and Practices.--The policies and practices referred to in subsection (a)(1) are policies and practices conducive to the development of private property rights for the citizens of Haiti, particularly Haitian citizens of limited economic means, through integration of extralegal property arrangements employed by some Haitian citizens into comprehensive modern property recordation systems that fix the economic potential of assets, integrate disperse ownership information into one system, hold citizens accountable, make assets fungible, connect citizens to one another, and protect the integrity of commercial transactions. (c) Oversight.--The Administrator of the United States Agency for International Development shall monitor the activities of the Haitian- American Enterprise Fund. SEC. 5. TREATMENT EQUIVALENT TO OTHER ENTERPRISE FUNDS; CONSULTATION WITH OTHER ENTERPRISE FUNDS. (a) In General.--Except to the extent inconsistent with the provisions of this Act, subsections (f) through (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply to the Haitian-American Enterprise Fund to the same extent and in the same manner as such subsections apply to the Polish- American Enterprise Fund, the Hungarian-American Enterprise Fund, the Southern Africa Enterprise Development Fund, and other similarly situated enterprise funds established by the United States Government. (b) Consultation With Other Enterprise Funds.--The Haitian-American Enterprise Fund may consult extensively with other similarly situated enterprise funds established by the United States Government in order to seek out best practices relating to the start-up phase and other ongoing business matters of the Enterprise Fund. SEC. 6. HAITIAN-AMERICAN ECONOMIC OVERSIGHT PANEL. (a) Establishment.--The President is authorized to establish the Haitian-American Economic Oversight Panel (in this section referred to as the ``Oversight Panel''). (b) Duties.--The Oversight Panel shall monitor the activities of the Haitian-American Enterprise Fund and all other economic development initiatives of the United States for Haiti. (c) Membership.--The Oversight Panel shall consist of individuals appointed by the President after consultation with Congress, from among United States citizens who are not officers or employees of any government and who have demonstrated concern and commitment to the economic development of Haiti. (d) Report.--The Oversight Panel shall submit to Congress and the President an annual report on implementation of the Oversight Panel's duties for the preceding year, including a detailed description of incidents of waste, fraud, and abuse relating to economic development initiatives of the United States for Haiti. (e) Rule of Construction.--Nothing in this section shall be construed to affect the authorities of the Haitian-American Enterprise Fund. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President to carry out this Act $240,000,000 for fiscal year 2011. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. (c) Nonapplicability of Other Laws.--Notwithstanding any other provision of law, amounts appropriated pursuant to the authorization of appropriations under subsection (a) may be expended by the Haitian- American Enterprise Fund for the purposes of this Act.

Haitian Private Sector Encouragement Act of 2010 - Authorizes the President to designate one private, nonprofit organization established under state law as the Haitian-American Enterprise Fund, which shall be eligible to receive funds and support under this Act. Authorizes the President, through the United States Agency for International Development (USAID), to provide a grant to the Fund to promote policies and practices conducive to the development of private property rights for Haitian citizens, particularly citizens of limited economic means, through integration of extralegal property arrangements into property recordation systems that fix the economic potential of assets, integrate ownership information into one system, hold citizens accountable, make assets fungible, and protect commercial transaction integrity. Directs USAID to monitor Fund activities. Applies the enterprise fund provisions of the Support for East European Democracy (SEED) Act of 1989 to the Fund in the same manner as such provisions apply to other similar U.S.-established enterprise funds. Authorizes the President to establish the Haitian-American Economic Oversight Panel to monitor Fund activities and all other U.S. economic development initiatives for Haiti. Authorizes FY2011 appropriations.

{"src": "billsum_train", "title": "To provide for the establishment of the Haitian-American Enterprise Fund."}

SECTION 1. BOUNDARIES OF FORT NECESSITY NATIONAL BATTLEFIELD. (a) Jumonville Glen Unit.-- (1) Modification of battlefield boundaries.--The boundaries of the Fort Necessity National Battlefield, Pennsylvania (referred to in this Act as the ``Battlefield''), are modified to include the area that comprises approximately 190 acres and is generally depicted on the map entitled ``Boundary Expansion; Jumonville Glen Unit, Fort Necessity National Battlefield'', numbered DSC-336-20043A, and dated July 1991. (2) Public inspection of map.--The map referred to in paragraph (1) shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. (3) Modification of unit boundaries.-- (A) In general.--The Secretary of the Interior (referred to in this Act as the ``Secretary'') may modify the boundaries of the Jumonville Glen Unit of the Battlefield as depicted on the map referred to in paragraph (1) to exclude lands (not to exceed 2 acres) on which are located principal structures actively used by the owner of the structures as of July 1, 1991. (B) Revision of map.--Following a modification in accordance with subparagraph (A), the Secretary shall prepare and make available for public inspection in accordance with paragraph (2) a revised map of the Jumonville Glen Unit. (b) Dunbar's Camp Area.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Director of the National Park Service, shall-- (A) conduct such investigations of archaeological sites in the vicinity of the Jumonville Glen Unit of the Battlefield as are necessary to more precisely locate and identify Dunbar's Camp; and (B) submit a report containing the results of the investigations to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Further boundary modifications.--The Secretary may modify the boundaries of the Jumonville Glen Unit of the Battlefield to include such additional lands (not to exceed 30 acres) as are necessary to preserve and interpret the historic resources associated with Dunbar's Camp. SEC. 2. ACQUISITION OF LANDS. The Secretary of the Interior may acquire lands or interests in lands within the boundaries of the Battlefield by donation, purchase with donated or appropriated funds, or exchange. SEC. 3. ADMINISTRATION. (a) In General.--The Secretary shall administer the Battlefield in accordance with the laws generally applicable to units of the national park system, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Preservation and Interpretation of Historic Resources.--In administering the Battlefield, the Secretary shall take such action as is necessary to preserve and interpret the historic resources associated with-- (1) the social and military history of the European and Native American contests for North America; (2) the social, political, and economic history of the westward expansion of the American frontier; and (3) the social, political, and economic history of the early National Period of the United States. SEC. 4. COOPERATIVE AGREEMENTS. (a) In General.--In accordance with subsection (b), the Secretary shall enter into cooperative agreements with those landowners in Fayette County, Pennsylvania, whose activities on their properties could have harmful effects on the Battlefield, the resources within the Battlefield, and the enjoyment of visitors to the Battlefield. (b) Assistance.--A cooperative agreement shall be entered into pursuant to subsection (a) in order to prevent the harmful effects described in subsection (a) through technical assistance, land use agreements, or such other means as are agreed upon by the Secretary and the landowner. (c) Expenditure of Funds.--The Secretary, acting through the Director of the National Park Service, may expend Federal funds to carry out cooperative agreements entered into pursuant to subsection (a). SEC. 5. TECHNICAL CORRECTION. The Act entitled ``An Act to provide for the commemoration of the Battle of Fort Necessity, Pennsylvania'', approved March 4, 1931 (46 Stat. 1522), is amended by striking ``1757'' and inserting ``1754''.

Expands the boundaries of Fort Necessity National Battlefield, Pennsylvania, to include the Boundary Expansion, Jumonville Glen Unit, Fort Necessity National Battlefield. Authorizes the Secretary of the Interior to modify the boundaries of the Jumonville Glen Unit (the Unit) to exclude lands (not to exceed two acres) on which principal structures are located that are actively used by the owner as of July 1, 1991. Directs the Secretary, acting through the Director of the National Park Service, to investigate and report to specified congressional committees on archaeological sites in the vicinity of the Unit in order to locate and identify Dunbar's Camp. Authorizes the Secretary to further modify the boundaries of such Unit (to include additional lands within the battlefield, but not to exceed 30 acres), if necessary to preserve and interpret historic resources associated with the Camp.

{"src": "billsum_train", "title": "To expand the Fort Necessity National Battlefield, and for other purposes."}

SECTION 1. ESTABLISHMENT OF COMMISSION. For the purpose of preserving and interpreting for the educational and inspirational benefit of present and future generations the unique and significant contribution to our national heritage of certain historic and cultural lands, waterways, and edifices in the Great Falls of the Passaic/S.U.M. National Historic District located in the City of Paterson, State of New Jersey (Alexander Hamilton's laboratory for the development of industrial America as well as America's first industrial city) with emphasis on harnessing this unique urban environment for its educational value as well as for recreation, there is hereby established the Great Falls Historic District Commission (hereinafter referred to as the ``Commission''), the purpose of which shall be to prepare a plan for the preservation, interpretation, development, and use, by public and private entities, of the historic, cultural, and architectural resources of the Great Falls of Passaic/S.U.M. National Historic District in the City of Paterson, State of New Jersey. SEC. 2. MEMBERS. (a) In General.--The Commission shall consist of nine members, as follows: (1) The Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Transportation, and the Secretary of Commerce, all ex officio. (2) Five members appointed by the Secretary of the Interior, one of whom shall be the Director of the National Park Service, two of whom shall be appointed from recommendations submitted by the Mayor of the City of Paterson, one of whom shall be appointed from recommendations submitted by the Board of Chosen Freeholders of the County of Passaic, New Jersey, and one of whom shall be appointed from recommendations submitted by the Governor of the State of New Jersey. The members appointed pursuant to this paragraph shall have knowledge and experience in one or more of the fields of history, architecture, the arts, recreation planning, city planning, or government. (b) Substitute Members; Compensation.--(1) Each member of the Commission specified in paragraph (1) of subsection (a) and the Director of the National Park Service may designate an alternate official to serve in his stead. (2) Members appointed pursuant to paragraph (2) of subsection (a) who are officers or employees of the Federal Government, the City of Paterson, the County of Passaic, or the State of New Jersey, shall serve without compensation as such. Other members, when engaged in activities of the Commission, shall be entitled to compensation at the rate of not to exceed $100 per diem. All members of the Commission shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Commission. SEC. 3. ORGANIZATION. (a) Chairman.--(1) The Commission shall elect a Chairman from among its members. (2) Financial and administrative services (including those relating to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided for the Commission by the General Services Administration, for which payments shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator, General Services Administration. The regulations of the Department of the Interior for the collection of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Secretary for the administrative control of funds shall apply to appropriations of the Commission. The Commission shall not be required to prescribe such regulations. (b) Staff.--The Commission shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949. (c) Temporary and Intermittent Services.--The Commission may also procure, without regard to the civil service laws and the Classification Act of 1949, temporary and intermittent services to the same extent as is authorized for the executive departments by section 15 of the Administrative Expenses Act of 1946, but at rates not to exceed $100 per diem for individuals. (d) Facilities and Services.--The members of the Commission specified in paragraph (1) of section 2(a) shall provide the Commission, on a reimbursable basis, with such facilities and services under their jurisdiction and control as may be needed by the Commission to carry out its duties, to the extent that such facilities and services are requested by the Commission and are otherwise available for that purpose. To the extent of available appropriations, the Commission may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties. Upon the termination of the Commission all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior. SEC. 4. PLAN. It shall be the duty of the Commission to prepare the plan referred to in section 1, and to submit the plan together with any recommendations for additional legislation, to the Congress not later than eighteen months from the effective date of this Act. The plan for the Great Falls of the Passaic/S.U.M. Historic District shall include considerations and recommendations, without limitation, regarding-- (1) the objectives to be achieved by the establishment, development, and operation of the area; (2) the types of use, both public and private, to be accommodated; (3) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (4) a program for the staging of development; (5) the anticipated interpretive, cultural, and recreational programs and uses for the area; (6) the proposed ownership and operation of all structures, facilities, and lands; (7) areas where cooperative agreements may be anticipated; and (8) estimates of costs, both public and private, of implementing and insuring continuing conformance to the plan. SEC. 5. TERMINATION. The Commission shall be dissolved (1) upon the termination, as determined by its members, of need for its continued existence for the implementation of the plan and the operation or coordination of the entity established by the plan, or (2) upon expiration of a two-year period commencing on the effective date of this Act, whereupon the completed plan has not been submitted to the Congress, whichever occurs later. SEC. 6. PROPOSED AUTHORIZATIONS TO BE INCLUDED IN PLAN. (a) In General.--It is contemplated that the plan to be developed may propose that the Commission may be authorized to-- (1) acquire lands and interests therein within the Great Falls of the Passaic/S.U.M. Historic District by purchase, lease, donation, or exchange; (2) hold, maintain, use, develop, or operate buildings, facilities, and any other properties; (3) sell, lease, or otherwise dispose of real or personal property as necessary to carry out the plan; (4) enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the State of New Jersey, and any governmental unit within its boundaries, or any person, firm, association, or corporation as may be necessary; (5) establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, use, and protection of the Great Falls of the Passaic/S.U.M. Historic District in accordance with the plan; and (6) borrow money from the Treasury of the United States in such amounts as may be authorized in appropriations Acts on the basis of obligations issued by the Commission in accordance with terms and conditions approved by the Secretary of the Treasury. (b) Purchase of Obligations.-- The Secretary of the Treasury is authorized and directed to purchase any such obligations of the Commission. SEC. 7. TITLE TO PROPERTY. Title to property of the Commission shall be in the name of the Commission, but it shall not be subject to any Federal, State, or municipal taxes. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not to exceed $200,000 for the preparation of the plan authorized by this Act.

Establishes the Great Falls Historic District Commission to prepare a plan for the preservation, interpretation, development, and use of the historic, cultural, and architectural resources of the Great Falls of Passaic/S.U.M. National Historic District in Paterson, New Jersey. Authorizes appropriations for the preparation of the plan.

{"src": "billsum_train", "title": "To establish the Great Falls Historic District Commission for the preservation and redevelopment of the Great Falls National Historic District in Paterson, New Jersey."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Procurement Protest Clarification Act of 1993''. SEC. 2. SHORT TITLES OF CERTAIN PROVISIONS OF FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949. (a) Automatic Data Processing Equipment Provisions.--Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding at the end the following new subsection: ``(i) This section may be cited as the `Brooks Automatic Data Processing Act'.''. (b) Architectural and Engineering Services Provisions.--Title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541-544) is amended by adding at the end the following new section: ``SEC. 905. SHORT TITLE. ``This title may be cited as the `Brooks Architect-Engineers Act'.''. SEC. 3. REVOCATION OF DELEGATION. Section 111(b)(3) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(b)(3)) is amended in the third sentence by striking out the period and inserting in lieu thereof the following: ``, whether before or after award of a contract. The authority of the Administrator to revoke a delegation after a contract award is limited to those circumstances where there is a finding of a violation of law or regulation.''. SEC. 4. AUTHORITY OF BOARD. The first sentence of section 111(f)(1) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(1)) is amended to read as follows: ``Upon request of an interested party in connection with any procurement that is subject to this section (including any such procurement that is subject to delegation of procurement authority), the board of contract appeals of the General Services Administration (hereinafter in this subsection referred to as the `board') shall review, as provided in this subsection, any decision by a Federal agency that is alleged to violate a statute, a regulation, or the conditions of any delegation of procurement authority.''. SEC. 5. DISMISSAL; AWARD OF COSTS. Section 111(f)(4) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(4)) is amended by striking subparagraph (C) and inserting the following: ``(C) The board may dismiss a protest that the board determines-- ``(i) is frivolous, ``(ii) has been brought in bad faith, or ``(iii) on its face does not state a valid basis for protest. ``(D) If a party violates or fails to comply in good faith with, or causes a violation of or failure to comply in good faith with, an order or decision of the board, the board may construe the open facts of the case related to the violation against such party.''. SEC. 6. ENTITLEMENT TO COSTS. Section 111(f)(5)(C) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(5)(C)) is amended by striking out ``interested'' and inserting in lieu thereof ``prevailing''. SEC. 7. DISMISSALS. Section 111(f)(5) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(5)) is amended by adding at the end the following new subparagraphs: ``(D) Any agreement that provides for or contemplates the dismissal of a protest, and involves the direct or indirect expenditure of appropriated funds, shall be submitted to the board and, subject to board protective order, made a part of the public record before dismissal of the protest. Where an agency is a party to a settlement agreement, the agreement submitted to the board shall be accompanied by a memorandum, signed by the contracting officer, describing in detail the procurement; the grounds for protest; the Government's position regarding the grounds for protest; the terms of the settlement; and the agency's position regarding the propriety of the award or proposed award of the contract at issue in the protest. ``(E) Payment of amounts due from an agency under subparagraph (C) or under the terms of a settlement agreement under subparagraph (D) shall be made from the appropriation made by section 1304 of title 31, United States Code, for the payment of judgments, and the agency shall reimburse that appropriation account out of funds available for the procurement.''. SEC. 8. DEFINITIONS. (a) Protest.--Section 111(f)(9)(A) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)(A)) is amended to read as follows: ``(A) the term `protest' means a written objection by an interested party-- ``(i) to a solicitation or other request by a Federal agency for bids, proposals, or offers for a contract for the procurement of property or services; ``(ii) to the cancellation of such a solicitation or other request; ``(iii) to an award or proposed award of such a contract; or ``(iv) to a termination or cancellation of an award of such a contract, if that termination or cancellation was in whole or in part based on actual or alleged improprieties concerning the award of the contract;''. (b) Interested Party.--(1) Section 111(f)(9)(B) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)(B)) is amended to read as follows: ``(B) the term `interested party' means-- ``(i) with respect to a contract or proposed contract described in subparagraph (A), an actual or prospective bidder or offeror for that particular contract or proposed contract, including a contract awardee as intervenor, whose economic interest would be affected, as determined by the board-- ``(I) by the action which is the subject of the protest; and ``(II) by any relief that the board may order; or ``(ii) with respect to a solicitation or other request by a Federal agency for bids, proposals or offers described in subparagraph (A), a vendor whose economic interest would be affected, as determined by the board, by specifications in the solicitation or other request for bids, proposals, or offers that are alleged to be restrictive of competition; and''. (2)(A) Section 111(f)(9)(B)(ii) of the Federal Property and Administrative Services Act of 1949, as added by paragraph (1) of this subsection (relating to the definition of an interested party) is amended to read as follows: ``(ii) with respect to a solicitation or other request by a Federal agency for bids, proposals or offers described in subparagraph (A), a prospective bidder or offeror whose economic interest would be affected, as determined by the board, by specifications in the solicitation or other requests for bids, proposals, or offers that are alleged to be restrictive of competition; and''. (B) The amendment made by subparagraph (A) shall be effective on and after the date occurring 3 years after the date of the enactment of this Act. (3) No later than 42 months after the date of the enactment of this Act, the Comptroller General shall conduct a study and submit a report to the Committee on Governmental Affairs of the Senate and the Committee of Government Operations of the House of Representatives on the experiences of the Board of Contract Appeals of the General Services Administration in applying the provisions of section 111(f)(9)(B)(ii) of the Federal Property and Administrative Services Act of 1949. The comments of such board shall be included in such report. (c) Prevailing Party.--Section 111(f)(9) of the Federal Property and Administrative Services Act of 1949 is further amended by adding at the end thereof the following new subparagraph: ``(C) the term `prevailing party' means a party which succeeds in demonstrating that a challenged agency action violates a statute or regulation or the conditions of any delegation of procurement authority issued pursuant to this section, thereby resulting in a determination by the board under paragraph (5)(B).''. SEC. 9. OVERSIGHT OF ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT BY FEDERAL AGENCIES. Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759), as amended by this Act, is further amended by inserting after subsection (g) the following new subsection: ``(h)(1) The Administrator shall collect and compile data regarding the procurement of automatic data processing equipment under this section. That data shall include, at a minimum, with regard to each procurement-- ``(A) the procuring agency; ``(B) the contractor; ``(C) the automatic data processing equipment and services procured; ``(D) the manufacturer of the equipment procured; ``(E) the amount of the contract to the extent that the amount is not proprietary information; ``(F) the type of contract used; ``(G) the extent of competition for award; ``(H) compatibility restrictions; ``(I) significant modifications of the contract; and ``(J) contract price to the extent that the price is not proprietary information. ``(2) The head of each Federal agency shall report to the Administrator in accordance with regulations issued by the Administrator all information required to be compiled by the Administrator under paragraph (1). ``(3) The Administrator shall-- ``(A) carry out a systematic review and conduct periodic audits of information received under this subsection; ``(B) use such information as appropriate to determine the compliance of Federal agencies with the requirements of this section; and ``(C) have the option to suspend the delegation to an agency of authority to lease and purchase automatic data processing equipment upon any failure by the head of the agency to report to the Administrator in accordance with this subsection.''. SEC. 10. POST-AWARD DEBRIEFINGS. (a) Amendment to Office of Federal Procurement Policy Act.--The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 29. POST-AWARD DEBRIEFINGS. ``(a) Debriefing.--When a contract is awarded on a basis other than price alone, unsuccessful offerors, upon their written request, shall be debriefed and furnished the basis for the selection decision and contract award. Unsuccessful offerors shall request such debriefing within 10 days after the contract award. Agencies shall debrief such offerors within 10 days of such a request. Where such an offeror requests such a debriefing, the time period for a protesting party to obtain a suspension of the Administrator's procurement authority or delegation of procurement authority under section 111(f)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(2)) shall be deemed to commence with the conduct of the debriefing. ``(b) Information Provided.--A debriefing under subsection (a) shall provide to the offeror requesting the debriefing-- ``(1) the Government's evaluation of the significant weak or deficient factors in the offeror's proposal; ``(2) the overall evaluated cost of the awardee and of the debriefed offeror; ``(3) the overall ranking of all offerors, and the total technical and cost scores of all offerors; ``(4) a synopsis of the rationale for the award; ``(5) in the case of a proposal that incorporates commercially available equipment, the make and model of commercially available equipment incorporated in the proposal of the awardee; and ``(6) reasonable responses to questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, the source selection plan, applicable regulations, and other applicable authorities were followed by the Government. ``(c) Information Not Provided.--A debriefing under subsection (a) shall not make point-by-point comparisons with other offerors' proposals and shall not disclose any information that is not subject to disclosure under section 552 of title 5, United States Code, including information relating to-- ``(1) trade secrets; ``(2) privileged or confidential manufacturing processes and techniques; and ``(3) commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information. ``(d) Notification of Disclosure.--Each solicitation shall notify participating offerors that the categories of information described in subsection (b) may be disclosed by the Government in post-award debriefings. ``(e) Post-Award Information.--If, within 12 months after an award, as a result of a successful procurement protest or otherwise, the agency seeks to fulfill the requirement under the awarded contract through either a new round of proposals or best and final offers from among the original offerors, the agency shall provide to each such offeror-- ``(1) all information provided in debriefings under this section regarding the winning vendor's proposal; and ``(2) all comparable information with respect to those offerors. ``(f) Contract File.--The contracting officer shall include a summary of the debriefing in the contract file.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 270 days after the date of the enactment of this Act. SEC. 11. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall take effect 90 days after the date of the enactment of this Act.

Procurement Protest Clarification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to: (1) designate FPASA provisions regarding automatic data processing equipment and architectural and engineering services as, respectively, the Brooks Automatic Data Processing Act (BADPA) and Brooks Architect-Engineers Act; (2) revise various BADPA provisions, including those concerning the authority of the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority before or after a contract award, and of the GSA board of contract appeals to review certain violations; and (3) provide for GSA oversight of Federal agency acquisition of automatic data processing equipment and for post-award debriefings.

{"src": "billsum_train", "title": "Procurement Protest Clarification Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Thinking, Collaboration, Communication, and Creativity for Careers Act'' or the ``Four C's for Careers Act''. SEC. 2. DELIVERING HIGH-QUALITY CAREER AND TECHNICAL EDUCATION OPPORTUNITIES. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in subsection (b)-- (A) in paragraph (3), by striking ``an industry, which may include work-based learning experiences;'' and inserting ``a range of industries identified through effective and sustained business and community partnerships, including work-based learning experiences;''; (B) in paragraph (5)-- (i) by inserting ``induction programs (as the term is defined in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021)), as well as preparation and'' after ``provide''; and (ii) in subparagraph (A)-- (I) in clause (iii) by striking ``; and'' and inserting a semicolon; and (II) by adding at the end the following: ``(v) teaching high-quality dual and concurrent enrollment career and technical education programs that are designed to expand opportunities for students to earn postsecondary credit and relevant certifications; ``(vi) encouraging best practices among communities of practitioners, including using blended learning programs (as such term is defined in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112)); and ``(vii) strategies for improving the critical thinking, communications, collaboration, and creativity skills of students participating in career and technical education programs;''; (C) in paragraph (7), by inserting ``, such as developing and using open educational resources and creating physical environments that support student engagement'' after ``relevant technology''; (D) in paragraph (8) by striking ``and'' at the end; (E) in paragraph (9) by striking the period and inserting a semicolon; and (F) by adding at the end the following new paragraphs: ``(10) train career guidance and academic counselors to effectively use labor market information in assisting students with postsecondary education and career planning; ``(11) support public private partnerships designed to provide students with the credentials and skills required to secure employment in relevant fields; and ``(12) if determined appropriate by the local educational agency, support programs that coordinate and integrate-- ``(A) academic and career and technical education content through coordinated instructional strategies, which may include experiential learning opportunities and promoting skills necessary for in-demand occupations or industries in the State in which such local educational agency is located; and ``(B) work-based learning opportunities that provide students with in-depth interaction with industry professionals and, if appropriate, academic credit.''; and (2) in subsection (c)-- (A) in paragraph (19)(D) by striking ``and''; (B) in paragraph (20) by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(21) to conduct a comprehensive needs assessment to identify the strategies, tools, and resources required for promoting greater engagement and coordination with business and industry, including exploring the unique technology, transportation, and other special needs of rural and low-income communities.''. SEC. 3. PROMOTING CRITICAL THINKING, COLLABORATION, COMMUNICATION, AND CREATIVITY. The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended-- (1) in section 3(5)(B) (20 U.S.C. 2302(5)(B))-- (A) by inserting ``, creativity, communication,'' after ``reasoning''; and (B) by inserting ``collaboration skills,'' after ``employability skills,''; (2) in section 113(b)(2)(C) (20 U.S.C. 2323(b)(2)(C)), by inserting ``and acquisition of critical thinking, collaboration, communication, and creativity skills'' after ``self-sufficiency''; and (3) in section 122(c)(7) (20 U.S.C. 2342(c)(7))-- (A) in subparagraph (B) by striking ``and'' at the end; (B) in subparagraph (C) by inserting ``and'' after the semicolon; and (C) by adding at the end the following new subparagraph: ``(D) improve the critical thinking, communications, collaboration, and creativity skills of students participating in career and technical education programs, including by-- ``(i) integrating such skills into coursework through project-based learning; ``(ii) building the capacity of educators to teach such skills; and ``(iii) providing ongoing support to help students achieve such skills;''.

Critical Thinking, Collaboration, Communication, and Creativity for Careers Act or the Four C's for Careers Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise requirements for the local use of funds received by eligible recipients under the Act to support their career and technical education programs. The bill requires such funds to be used by eligible recipients to support career and technical education programs that: train career guidance and academic counselors to use labor market information in assisting students with postsecondary education and career planning; and support public-private partnerships designed to provide students with the credentials and skills required to secure employment in relevant fields; and if determined appropriate by the local educational agency, support programs that coordinate and integrate academic and career and technical education content and specified work-based learning opportunities. Funds may be used to assess resources required for promoting greater engagement and coordination with business and industry. An eligible agency, with input from eligible recipients, may identify in its state plan, the acquisition of critical thinking, collaboration, communication, and creativity skills as additional indicators of performance for the career and technical education activities authorized under the Act. State plans shall describe how eligible agencies will improve the critical thinking, communications, collaboration, and creativity skills of the students participating in their career and technical education programs.

{"src": "billsum_train", "title": "Four C's for Careers Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Military Medical Plan Act''. SEC. 2. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1079a the following new section: ``Sec. 1079b. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--(1) Subject to the availability of funds to carry out this section for a fiscal year and subject to the provisions of this section, eligible beneficiaries described in subsection (b) shall be afforded an opportunity to enroll in any health benefits plan under the Federal Employees Health Benefits program under chapter 89 of title 5 that offers medical care comparable to the care authorized by section 1077 of this title to be provided under section 1076 of this title (in this section referred to as an `FEHBP plan'). ``(2) The administering Secretaries shall enter into an agreement with the Director of the Office of Personnel Management to carry out paragraph (1). ``(b) Eligible Beneficiaries.--(1) An eligible beneficiary referred to in subsection (a) is any member or former member of the uniformed services described in section 1074(b) of this title, or any dependents of such member or former member described in section 1076(b) of this title, who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) An eligible beneficiary under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in an FEHBP plan under this section. ``(c) Areas of Enrollment.--(1)(A) Except as provided in paragraph (2), the Director of the Office of Personnel Management shall, in consultation with the administering Secretaries, select the areas in which eligible beneficiaries must reside in order to be permitted to enroll in FEHBP plans under this section. The Director shall select the largest number of such areas that is practicable. ``(B) The areas selected by the Director under subparagraph (A) shall include not less than six regions under the TRICARE program, with at least one such region including a site of the medicare subvention demonstration project for military retirees under section 1896 of the Social Security Act (42 U.S.C. 1395ggg). ``(2) Commencing not later than one year after the date of submittal of the report required by subsection (j)(2), eligible beneficiaries nationwide shall be afforded an opportunity to enroll in an FEHBP plan in accordance with this section. ``(d) Priorities; List.--(1) Eligible beneficiaries shall be permitted to enroll in an FEHBP plan under this section based on the order in which such beneficiaries submit to the administering Secretary concerned an application to enroll in an FEHBP plan under this section. ``(2) Each administering Secretary shall maintain a list of eligible beneficiaries who apply to enroll in an FEHBP plan under this section, but whom such Secretary is not able to enroll because of the lack of available funds to carry out this section. ``(3) Eligible beneficiaries who are on a list under paragraph (2) at the time of the expansion of opportunities for eligible beneficiaries to enroll in FEHBP plans under subsection (c)(2) shall resubmit an application under this subsection to be afforded an opportunity to enroll in an FEHBP plan under this section. ``(e) Period of Enrollment.--The administering Secretaries shall provide a period of enrollment for eligible beneficiaries in FEHBP plans under this section for a period of 90 days-- ``(1) before the commencement of the availability of care under such plans under this section; and ``(2) for each subsequent year thereafter. ``(f) Term of Enrollment.--(1) An eligible beneficiary who elects to participate in a plan under the Federal Employees Health Benefits program under this section shall participate continuously in such a plan (whether in the plan originally elected or another plan) during the three-year period beginning on the date of commencement of the beneficiary's participation in such a plan under this section. ``(2) An eligible beneficiary who discontinues participation in a plan under the Federal Employees Health Benefits program under this section before the end of the period described in paragraph (1) shall not be eligible to reenroll in any plan under the program under this section. ``(g) Receipt of Care in Military Treatment Facilities.--(1) An eligible beneficiary enrolled in an FEHBP plan under this section may receive care at a military medical treatment facility subject to the availability of space in such facility. ``(2) The FEHBP plan concerned shall reimburse a facility for the cost of treatment provided under paragraph (1) to an eligible beneficiary enrolled in the plan under this section. ``(3) An FEHBP plan may adjust the copayments of an eligible beneficiary enrolled in the plan under this section so that receipt of care by the beneficiary at a military medical treatment facility results in no additional costs to the plan when compared with the costs the plan would have incurred if the beneficiary had received such care from a provider in the plan. ``(h) Contributions.--(1) Contributions shall be made for an eligible beneficiary who enrolls in an FEHBP plan under this section as if the beneficiary were an employee of the Federal Government. ``(2) The administering Secretary concerned shall be responsible for the Government contributions that the Director of the Office of Personnel Management determines would be payable by such Secretary under section 8906 of title 5 for an eligible beneficiary who is enrolled in an FEHBP plan under this section if the beneficiary were an employee of such Secretary. ``(3) Each eligible beneficiary enrolled in an FEHBP plan under this section shall be required to contribute the amount that would be withheld from the pay of a similarly situated Federal employee who is enrolled in the plan under chapter 89 of title 5. ``(i) Management of Participation.--(1) The Director of the Office of Personnel Management shall manage the participation of eligible beneficiaries in FEHBP plans under this section. ``(2) The Director and the administering Secretaries shall ensure (whether through procedures, the establishment of reserve funds, or other mechanisms) that inclusion of such participating eligible beneficiaries under chapter 89 of title 5 will not have an adverse financial effect on Federal employees and annuitants enrolled in health benefits plans under such chapter. ``(j) Reporting Requirements.--(1) Not later than November 1 each year, the administering Secretaries and the Director of the Office of Personnel Management shall jointly submit to Congress a report describing the provision of health care services to eligible beneficiaries who were enrolled in FEHBP plans under this section during the preceding fiscal year. The report shall address or contain the following: ``(A) The number of such eligible beneficiaries, both in terms of total number and as a percentage of all covered beneficiaries who are receiving health care through the health care system of the uniformed services. ``(B) The extent to which such eligible beneficiaries used the health care services available to such beneficiaries under such plans. ``(C) The cost to such eligible beneficiaries of health care under such plans. ``(D) The cost to the Department of Defense, the Department of Transportation, the Department of Health and Human Services, and any other departments and agencies of the Federal Government of providing care to such eligible beneficiaries. ``(E) A comparison of the costs determined under paragraphs (C) and (D) with the costs that would otherwise have been incurred by the United States and such eligible beneficiaries under alternative health care options available to the administering Secretaries. ``(F) The effects of the exercise of authority under this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. ``(G) An assessment, as of the date of the report, whether or not the health care option under the TRICARE program known as TRICARE Standard offers medical care coverage that is substantially similar to the medical care coverage offered under the fee-for-service health benefits plan under the Federal Employees Health Benefits program having the most number of subscribers as of such date, and, if not, whether or not that option is being modified in order to offer such coverage. ``(2) Not later than 3 years after the date of enactment of the Improved Military Medical Plan Act, the administering Secretaries shall jointly submit to Congress a report setting forth-- ``(A) the assessment of such Secretaries as to the advisability of-- ``(i) offering to eligible beneficiaries described in subsection (b)(1) the health care option available under subsection (a) on a permanent basis nationwide; or ``(ii) limiting the availability of that health care option to eligible beneficiaries who are currently enrolled in an FEHBP plan as of the date of the report; ``(B) the recommendation of such Secretaries whether-- ``(i) to expand the availability of the health care option available under subsection (a) to any member or former member of the uniformed services described in section 1074(b) of this title, or any dependent of such member or former member described in section 1076(b) of this title, without regard to whether such member or former member, or dependent, is entitled to benefits under part A of title XVIII of the Social Security Act; or ``(ii) not to expand the availability of that option in accordance with clause (i) because the TRICARE Standard health care option offers medical care coverage that is substantially similar to the medical care coverage offered under the fee-for-service health benefits plan under the Federal Employees Health Benefits program having the most number of subscribers as of the date of the report; and ``(C) the estimated costs of carrying out each assessment under subparagraph (A) and the recommendation under subparagraph (B). ``(3)(A) Not later than 6 months after the submittal of the report required by paragraph (2), the Comptroller General shall submit to Congress an assessment of the recommendation under subparagraph (B) of that paragraph. ``(B) If the recommendation is not to expand the availability of the option referred to in clause (i) of such subparagraph (B) in accordance with that clause, the review shall include an evaluation of the validity of any comparison made by the administering Secretaries for purposes of clause (ii) of such subparagraph (B).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1079a the following: ``1079b. Health care coverage through Federal Employees Health Benefits program.''. (b) Conforming Amendments.--(1) Section 8905 of title 5, United States Code, is amended-- (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): ``(d) An individual whom the administering Secretary concerned determines is an eligible beneficiary under subsection (b) of section 1079b of title 10 may enroll in a health benefits plan under this chapter in accordance with the agreement entered into under subsection (a) of such section between such Secretary and the Office and with applicable regulations under this chapter.''. (2) Section 8906 of title 5, United States Code, is amended-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (ii) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan under section 8905(d) of this title, the Government contribution shall be determined under section 1079b(h) of title 10.''; and (B) in subsection (g)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (ii) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for individuals who enroll under section 8905(d) of this title shall be paid as provided in section 1079b(h) of title 10.''. (c) Implementation.--The administering Secretaries shall begin to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by subsection (a)), not later than 6 months after the date of enactment of this Act. (d) Availability of Funds.--(1) There shall be available to offer the health benefits option under section 1079b of title 10, United States Code (as added by subsection (a)), amounts as follows: (A) $100,000,000 for fiscal year 1999. (B) $125,000,000 for fiscal year 2000. (C) $150,000,000 for fiscal year 2001. (D) $175,000,000 for fiscal year 2002. (E) $200,000,000 for fiscal year 2003. (2) Amounts available under paragraph (1) for a fiscal year for the purpose set forth in that paragraph shall be derived from amounts authorized to be appropriated to the Department of Defense, the Department of Transportation, and the Department of Health and Human Services, respectively, for such fiscal year for payment of personnel costs. (3) For each fiscal year set forth in paragraph (1), the administering Secretaries shall determine the extent to which the funds of their respective departments under paragraph (2) shall be utilized for the purpose set forth in paragraph (1) within the limitation for such fiscal year specified in paragraph (1). (e) Plan for Enhancement of TRICARE Standard Option.--Not later than 6 months after the date of enactment of this Act, the administering Secretaries shall jointly submit to Congress a report that sets forth a plan for any enhancements of the health care option under the TRICARE program known as TRICARE Standard that the administering Secretaries jointly consider necessary so that the medical care coverage offered under that option is substantially similar to the medical care coverage offered under the fee-for-service health benefits plan under the Federal Employees Health Benefits program under chapter 89 of title 5, United States Code, that has the most number of subscribers as of the date of the report. (f) Definitions.--In this section: (1) The term ``administering Secretaries'' has the meaning given that term in section 1072(3) of title 10, United States Code. (2) The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code.

Improved Military Medical Plan Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible beneficiaries to enroll in any health benefits plan under the Federal Employees Health Benefits Program (FEHBP) that offers medical care comparable to that offered under CHAMPUS. Includes as eligible beneficiaries any member or former member of the armed forces who is entitled to retired or retainer pay or its equivalent or would have been entitled to such pay except for having died before age 60, and any dependents of such individuals, who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHBP eligibility criteria as a condition for enrollment. Requires the Director of the Office of Personnel Management (OPM) to select the areas in which beneficiaries must reside in order to be enrolled in an FEHBP plan, including at least six regions of the TRICARE Program (a Department of Defense managed care program). Outlines enrollment procedures, including a 90-day enrollment period. Requires FEHBP reimbursement of costs for the provision of treatment at a military medical facility. Outlines provisions concerning required beneficiary copayments under the FEHBP and Federal contributions to such plans. Provides for: (1) management of plan participation by the OPM Director; (2) annual reports from the Secretary of Defense, the Secretary of Transportation for the Coast Guard when not operating as a service in the Navy, the Secretary of Health and Human Services (the administering Secretaries), and the OPM Director concerning the provision of such care; (3) a report from the administering Secretaries on the advisability of either offering such care nationwide on a permanent basis or limiting such option to current eligible beneficiaries, the costs of such care, and their recommendations; and (4) a report from the Comptroller General, following the report from the administering Secretaries, assessing such recommendations. Provides funding for FY 1999 through 2003 for the enrollment plan option, to be derived from amounts appropriated to the Departments of Defense, Transportation, and Health and Human Services. Directs the administering Secretaries to report to the Congress a plan for any enhancements of the health care options under the TRICARE program known as TRICARE Standard considered necessary to ensure that coverage under such option is substantially similar to coverage offered under the FEHBP fee-for-service health benefits plan that has the most subscribers as of the date of the report.

{"src": "billsum_train", "title": "Improved Military Medical Plan Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Patient Protection Act of 1997''. SEC. 2. COVERAGE OF MINIMUM HOSPITAL STAY FOR CERTAIN BREAST CANCER TREATMENT. (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT. ``(a) Requirements for Minimum Hospital Stay Following Mastectomy or Lymph Node Dissection.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not-- ``(A) except as provided in paragraph (2)-- ``(i) restrict benefits for any hospital length of stay in connection with a mastectomy for the treatment of breast cancer to less than 48 hours, or ``(ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours, or ``(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). ``(2) Exception.--Paragraph (1)(A) shall not apply in connection with any group health plan or health insurance issuer in any case in which the decision to discharge the woman involved prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the woman. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(5) subject to subsection (c)(3), restrict benefits for any portion of a period within a hospital length of stay required under subsection (a) in a manner which is less favorable than the benefits provided for any preceding portion of such stay. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary-- ``(A) to undergo a mastectomy or lymph node dissection in a hospital; or ``(B) to stay in the hospital for a fixed period of time following a mastectomy or lymph node dissection. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost-sharing for any portion of a period within a hospital length of stay required under subsection (a) may not be greater than such coinsurance or cost-sharing for any preceding portion of such stay. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT. ``(a) Requirements for Minimum Hospital Stay Following Mastectomy or Lymph Node Dissection.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not-- ``(A) except as provided in paragraph (2)-- ``(i) restrict benefits for any hospital length of stay in connection with a mastectomy for the treatment of breast cancer to less than 48 hours, or ``(ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours, or ``(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). ``(2) Exception.--Paragraph (1)(A) shall not apply in connection with any group health plan or health insurance issuer in any case in which the decision to discharge the woman involved prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the woman. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(5) subject to subsection (c)(3), restrict benefits for any portion of a period within a hospital length of stay required under subsection (a) in a manner which is less favorable than the benefits provided for any preceding portion of such stay. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary-- ``(A) to undergo a mastectomy or lymph node dissection in a hospital; or ``(B) to stay in the hospital for a fixed period of time following a mastectomy or lymph node dissection. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost-sharing for any portion of a period within a hospital length of stay required under subsection (a) may not be greater than such coinsurance or cost-sharing for any preceding portion of such stay. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Conforming amendments.-- (i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for certain breast cancer treatment.''. (b) Individual Health Insurance.-- (1) In general.--Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104- 204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (2) Conforming amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.-- (1) Group market.--The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) Individual market.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.

{"src": "billsum_train", "title": "Breast Cancer Patient Protection Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinate to Educate Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) Many academically at-risk students suffer the effects of inadequate nutrition and health care, lack of child care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse and child abuse, involuntary migration and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent and productive citizens. (3) Almost half of all children and youths live in a single parent family for some period of their lives, while many others live in families with two full-time working parents, greatly reducing parental involvement in their education. (4) Services for at-risk students are often fragmented, inconvenient, expensive, overregulated, ineffective and duplicative, and focused on only a single narrow problem without meeting the needs of the child and the family. (5) School personnel, parents, and support service providers often lack knowledge of, and access to, available services for at-risk students and their families in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services and make them accessible. (6) Service providers, such as teachers, social workers, health care and child care providers, juvenile justice workers and others, are often trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (7) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a greater opportunity to break the cycle that leads to academic failure, leaving school, low-skill levels, unemployment and low income. (8) Coordination of services is cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis interventions, while ensuring that students are ready to learn when they are in the classroom. (b) Purposes.--It is the purpose of this Act to establish a program of grants to local education agencies to improve students' educational performances by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of support services; (3) making support services available, affordable, and convenient for those who need them; (4) replicating and disseminating successful high quality coordinated service programs; (5) increasing parental involvement in education; (6) improving the capacity of school and support service personnel to collaborate; (7) integrating services, regulations, data bases, eligibility procedures and funding sources whenever possible; and (8) focusing school and community resources on prevention and early intervention strategies to address student needs and to ensure that students are ready to learn when they are in the classroom. SEC. 3. GRANT AUTHORIZATION. The Secretary of Education is authorized to make development and implementation grants to local education agencies to develop and implement coordinated service programs. SEC. 4. DEVELOPMENT GRANTS. (a) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall-- (1) plan to collaborate with health and social service agencies to develop a program of school-linked integrated service for children and families on or near a school site; or (2) offer some coordinated services, but be able to demonstrate a need for the expansion of services. (b) Duration.--Grants under this section may be for up to 3 years duration, subject to providing the Secretary with annual evidence of satisfactory progress towards the achievement of a plan for a self- sufficient coordinated service program. (c) Applications.--A local educational agency that wishes to receive a grant under this section shall submit an application which identifies-- (1) the need for coordinated services among all or some of the students of a local educational agency; (2) the proposed membership of a collaborative which will be formed to achieve broad-based coordinated services, including representatives from the appropriate levels of all sectors and services necessary to achieve broad-based coordinated services, including representatives of children and families; (3) the objectives of the collaboration; and (4) performance measurements. (d) Use of Funds.--Grants awarded under this section shall be used to-- (1) plan and hold regular meetings of the collaborative; (2) identify barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, physical and sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (3) assess the availability of currently existing social service programs which could help to alleviate these barriers; (4) assess the availability of local, State and private funds, the redirection of existing funds and the use of in-kind services; (5) assess the feasibility of a sliding scale fee for services that will be delivered; and (6) develop an interagency service delivery plan that identifies-- (A) the priorities of the service providers and the community; (B) the availability and use of adequate staff and physical resources; (C) a plan to coordinate Federal, State and local regulations, eligibility requirements and application procedures; (D) how coordinated services will be delivered, including a case management system; and (E) a plan to become self-sufficient, without using funds authorized under this Act, not later than 2 years after implementation. SEC. 5. IMPLEMENTATION GRANTS. (a) Eligibility.--A local educational agency that desires to receive a grant under this section shall have an interagency service delivery plan that has been approved by the Secretary of Education. (b) Duration.--Grants under this section may not exceed a 2-year period. (c) Applications.--To be eligible to receive a grant under this section, a local educational agency shall submit an application which-- (1) identifies barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, evidence of physical or sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (2) identifies existing social service programs; (3) identifies the participants in the delivery of coordinated services, including community and parent involvement; (4) includes an interagency service delivery plan which includes the priorities of the service providers and the community; (5) includes an interagency agreement signed by key parties within the collaborative, partnership schools and agencies that detail what will be done, by whom and when; (6) makes assurances that Federal funds will be used for not more than 50 percent of the costs of this project after the first year, with a commitment of matching funds from other agencies or private sources, including the redirection of existing funds and the use of in-kind services which will fully support the project after the second year; (7) identifies how the coordinated service program will be staffed, including the case of a coordinator and including a plan for interagency staff training and development; (8) identifies where the coordinated service program will be located; (9) identifies how Federal, State, and local regulations, eligibility requirements and application procedures have been coordinated; (10) utilizes a case management system; and (11) sets sliding scale service fees, if feasible. (d) Use of Funds.--Grants awarded under this section may be used-- (1) to locate and obtain commitments from funding sources other than the Federal Government when this grant ends; (2) to improve interagency communications and information- sharing, including developing telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of service; (3) to support colocation of interagency service delivery programs in schools or other sites close to schools, including rental or lease payments, open and lock-up fees or maintenance and security costs necessary for the delivery of services to students; (4) for staff development, including in-service and cross- agency training, for the interagency service delivery team, including school staff; (5) to research and tabulate figures which demonstrate the success of a coordinated services program, including improved outcome for children and families in terms of taxpayers dollars saved; and (6) to support dissemination and replication of successful programs to other areas within a local educational agency. SEC. 6. TARGET POPULATIONS. (a) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select a school or program area for coordinated services if the project design is of adequate size, scope, and quality to achieve projected outcomes. (b) Eligible Students.--Programs and services shall be made available to all children and families in the area to be served and shall, when appropriate, be paid on a sliding scale. SEC. 7. SPECIAL CONSIDERATION. In making awards under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two- parent, working families. SEC. 8. AUTHORIZATION. There are authorized to be appropriated to carry out the provisions of this Act for fiscal year 1994, $300,000,000 of which $200,000,000 shall be allocated for development grants and $100,000,000 shall be allocated for implementation grants, and such sums as may be necessary for each of the fiscal years 1995 through 2000.

Coordinate to Educate Act - Authorizes the Secretary of Education to make grants to local educational agencies to develop and implement coordinated services programs. Requires special consideration to be given to: (1) geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two-parent, working families. Authorizes appropriations.

{"src": "billsum_train", "title": "Coordinate to Educate Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asian Elephant Conservation Reauthorization Act of 2002''. SEC. 2. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997. Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266) is amended by striking ``1998'' and all that follows through ``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and 2007''. SEC. 3. LIMITATION ON ADMINISTRATIVE EXPENSES. Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266) is further amended-- (1) by striking ``There are authorized'' and inserting ``(a) In General.--There is authorized''; and (2) by adding at the end the following: ``(b) Administrative Expenses.--Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 3 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.''. SEC. 4. COOPERATION. The Asian Elephant Conservation Act of 1997 is further amended by redesignating section 7 (16 U.S.C. 4266) as section 8, and by inserting after section 6 the following: ``SEC. 7. ADVISORY GROUP. ``(a) In General.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of Asian elephants. ``(b) Public Participation.-- ``(1) Meetings.--The Advisory Group shall-- ``(A) ensure that each meeting of the advisory group is open to the public; and ``(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. ``(2) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. ``(3) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. ``(c) Exemption From Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Conforming Amendments.--The Asian Elephant Conservation Act of 1997 is amended as follows: (1) Section 4(3) (16 U.S.C. 4263(3)) is amended by striking ``the Asian Elephant Conservation Fund established under section 6(a)'' and inserting ``the account established by division A, section 101(e), title I of Public Law 105-277 under the heading `multinational species conservation fund'''. (2) Section 6 (16 U.S.C. 4265) is amended by striking the section heading and all that follows through ``(d) Acceptance and Use of Donations.--'' and inserting the following: ``SEC. 6. ACCEPTANCE AND USE OF DONATIONS.''. (b) Technical Corrections.-- (1) The matter under the heading ``multinational species conservation fund'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246; 112 Stat. 2681-237), is amended-- (A) by striking ``section 5304 of'' and all that follows through ``section 6 of the Asian Elephant Conservation Act of 1997'' and inserting ``section 5 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5304), part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 5 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4264)''; (B) by striking ``16 U.S.C. 4224'' and inserting ``section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224)''; (C) by striking ``16 U.S.C. 4225'' and inserting ``section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225)''; and (D) by striking ``16 U.S.C. 4211'' and inserting ``section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211)''. (2) Effective on the day after the date of enactment of the African Elephant Conservation Reauthorization Act of 2001 (107th Congress)-- (A) section 2104(a) of the African Elephant Conservation Act is amended by striking ``this Act'' and inserting ``this title''; and (B) section 2306(b) of the African Elephant Conservation Act (16 U.S.C. 4245(b)) is amended by striking ``this Act'' each place it appears and inserting ``this title''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL FISH AND WILDLIFE FOUNDATION. Section 10(a)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(a)(1)) is amended-- (1) by striking ``2003'' and inserting ``2005''; and (2) in subparagraph (A), by striking ``$20,000,000'' and inserting ``$25,000,000''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Asian Elephant Conservation Reauthorization Act of 2001 - Amends the Asian Elephant Conservation Act of 1997 to authorize appropriations to the Multinational Species Conservation Fund through FY 2007 to carry out such Act. Limits the amount that the Secretary of the Interior may expend each fiscal year to pay administrative expenses.Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of Asian elephants to assist in carrying out such Act.Amends the National Fish and Wildlife Foundation Establishment Act to authorize appropriations, and to increase the amount authorized for the Department of the Interior for each fiscal year, to carry out such Act through FY 2005.

{"src": "billsum_train", "title": "To reauthorize the Asian Elephant Conservation Act of 1997."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Modification Research and Technology Transfer Authorization Act of 2005''. SEC. 2. PURPOSE. It is the purpose of this Act to develop and implement a comprehensive and coordinated national weather modification policy and a national cooperative Federal and State program of weather modification research and development. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Weather Modification Advisory and Research Board. (2) Executive director.--The term ``Executive Director'' means the Executive Director of the Weather Modification Advisory and Research Board. (3) Research and development.--The term ``research and development'' means theoretical analysis, exploration, experimentation, and the extension of investigative findings and theories of scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. (4) Weather modification.--The term ``weather modification'' means changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms which occur in the troposphere. SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD ESTABLISHED. (a) In General.--There is established in the Department of Commerce the Weather Modification Advisory and Research Board. (b) Membership.-- (1) In general.--The Board shall consist of 11 members appointed by the Secretary of Commerce, of whom-- (A) at least 1 shall be a representative of the American Meteorological Society; (B) at least 1 shall be a representative of the American Society of Civil Engineers; (C) at least 1 shall be a representative of the National Academy of Sciences; (D) at least 1 shall be a representative of the National Center for Atmospheric Research of the National Science Foundation; (E) at least 2 shall be representatives of the National Oceanic and Atmospheric Administration of the Department of Commerce; (F) at least 1 shall be a representative of institutions of higher education or research institutes; and (G) at least 1 shall be a representative of a State that is currently supporting operational weather modification projects. (2) Tenure.--A member of the Board serves at the pleasure of the Secretary of Commerce. (3) Vacancies.--Any vacancy on the Board shall be filled in the same manner as the original appointment. (b) Advisory Committees.--The Board may establish advisory committees to advise the Board and to make recommendations to the Board concerning legislation, policies, administration, research, and other matters. (c) Initial Meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (d) Meetings.--The Board shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chair and Vice Chair.--The Board shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES OF THE BOARD. (a) Promotion of Research and Development.--In order to assist in expanding the theoretical and practical knowledge of weather modification, the Board shall promote and fund research and development, studies, and investigations with respect to-- (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects). (b) Financial Assistance.--Unless the use of the money is restricted or subject to any limitations provided by law, the Board shall use amounts in the Weather Modification Research and Development Fund-- (1) to pay its expenses in the administration of this Act; and (2) to provide for research and development with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies. (c) Report.--The Board shall submit to the Secretary of Commerce biennially a report on its findings and research results. SEC. 6. POWERS OF THE BOARD. (a) Studies, Investigations, and Hearings.--The Board may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer or enforce this Act or any rules or orders issued under this Act. (b) Personnel.--The Board may employ, as provided for in appropriations Acts, an Executive Director and other support staff necessary to perform duties and functions under this Act. (c) Cooperation With Other Agencies.--The Board may cooperate with public or private agencies to promote the purposes of this Act. (d) Cooperative Agreements.--The Board may enter into cooperative agreements with the head of any department or agency of the United States, an appropriate official of any State or political subdivision of a State, or an appropriate official of any private or public agency or organization for conducting weather modification activities or cloud-seeding operations. (e) Conduct and Contracts for Research and Development.--The Executive Director, with the approval of the Board, may conduct and may contract for research and development activities relating to the purpose described in section 2. SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS AND RESEARCH BOARD. The heads of the departments and agencies of the United States and the heads of any other public or private agencies and institutions that receive research funds from the United States shall, to the extent possible, give full support and cooperation to the Board and to initiate independent research and development programs that address weather modifications. SEC. 8. FUNDING. (a) In General.--There is established within the Treasury of the United States the Weather Modification Research and Development Fund, which shall consist of amounts appropriated pursuant to subsection (b) or received by the Board under subsection (c). (b) Authorization of Appropriations.--There are authorized to be appropriated to the Board for the purposes of carrying out this Act $10,000,000 for each of fiscal years 2006 through 2015. Any sums appropriated under this subsection shall remain available, without fiscal year limitation, until expended. (c) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property.

Weather Modification Research and Technology Transfer Authorization Act of 2005 - Establishes in the Department of Commerce the Weather Modification Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects). Establishes within the U.S. Treasury the Weather Modification Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies.

{"src": "billsum_train", "title": "To establish the Weather Modification Operations and Research Board, and for other purposes."}

SECTION 1. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 324) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. (b) Definitions.--Section 324 of such Act (2 U.S.C. 30126) is amended to read as follows: ``SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES. ``(a) Coordinated Expenditures.-- ``(1) In general.--For purposes of section 301(8)(A)(iii), the term `coordinated expenditure' means-- ``(A) any expenditure, including a payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as provided in subsection (b); or ``(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee. ``(2) Exception for payments for certain communications.--A payment for a communication (including a covered communication described in subsection (d) shall not be treated as a coordinated expenditure under this subsection if-- ``(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment is not made entirely independently of the candidate, committee, or agents, including a payment which is made pursuant to any general or particular understanding, or more than incidental communication with, the candidate, committee, or agents about the payment. ``(2) No finding of coordination based solely on sharing of information regarding legislative or policy position.--For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee, or with agents of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no discussion between the person and the candidate or committee, or agents of the candidate or committee, regarding the candidate's or committee's campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or campaign operations. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals providing services for or on behalf of the person and the candidate or committee or agents of the candidate or committee. ``(c) Special Rule for Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments deemed to be made in cooperation, consultation, or concert with, candidates.--For purposes of this section, if the person who makes a payment for a covered communication is a coordinated spender with respect to the candidate involved, the person shall be deemed to have made the payment in cooperation, consultation, or concert with the candidate. ``(2) Coordinated spender defined.--For purposes of this subsection, the term `coordinated spender' means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: ``(A) The person is directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate or committee or agents of the candidate or committee, including with the express or tacit approval of the candidate or committee or agents of the candidate or committee. ``(B) The candidate or committee or agents of the candidate or committee solicit funds or engage in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. ``(C) The person is established, directed, or managed by any person who, during the election cycle involved or during the 4-year period ending on the first day of the election cycle involved, has been employed or retained as a political, media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with a title for the candidate or committee. ``(D) During the election cycle involved, the person has had more than incidental communications with the candidate or committee or agents of the candidate or committee about the candidate's campaign needs or activities, or about the person's possible or actual campaign activities with respect to the candidate or committee. ``(E) The person has retained the professional services of any person who, during the same election cycle, has provided or is providing professional services relating to the campaign to the candidate or committee. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(F) The person is established, directed, or managed by a member of the immediate family of the candidate, or (in the case of a person that is a political committee) has received a contribution from a member of the immediate family of the candidate. For purposes of this subparagraph, the term `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. ``(3) Limitation.--Paragraph (2) shall apply to a person with respect to a candidate or authorized committee during a calendar quarter only if 20 percent or more of that person's total spending for covered communications in the period beginning on the first day of the election cycle with respect to the candidate or committee involved and ending on the first day of that calendar quarter is attributable to-- ``(A) communications that promote or support that candidate, or attack or oppose the opponent of that candidate, in the case of covered communications described in subsection (d)(1); and ``(B) communications that refer to that candidate or an opponent of that candidate, in the case of covered communications described in subsection (d)(2). ``(d) Covered Communication Defined.-- ``(1) In general.--For purposes of this section, the term `covered communication' means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which-- ``(A) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or ``(B) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A), but only if the communication is disseminated during the applicable election period. ``(2) Applicable election period.--In paragraph (1)(B), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate for the office of President or Vice President, the period which begins on the date that is 120 days before the date of the first primary election, preference election, or nominating convention for nomination for the office of President which is held in any State and ends with the date of the general election for such office; or ``(B) in the case of a communication which refers to a candidate for any other office, which begins on the date that is 90 days before the primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate and ends on the date of the general election for such office. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(e) Election Cycle Defined.--In this section, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).''. (c) Effective Date.-- (1) Repeal of existing regulations on coordination.-- Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act-- (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR part 109, subpart C, under the heading ``Coordination'') are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. SEC. 2. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. (a) In General.--Section 323(e)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 30125(e)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2015.

Amends the Federal Election Campaign Act of 1971 (FECA) to treat as a campaign contribution any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure which is not otherwise treated as a contribution. Repeals the prohibition against contributions by minors. Sets forth rules governing payments for coordinated expenditures, including special rule for payments by coordinated spenders for covered communications. Defines "covered communication" as a public communication which: (1) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (2) refers to the candidate or an opponent of the candidate in other ways, but only if the communication is disseminated during the applicable election period. Prohibits candidates or individuals holding federal office, their agents, and certain related entities from soliciting, receiving, directing, or transferring funds to or on behalf of any political committee which accepts donations or contributions that do not comply with FECA limitations, prohibitions, and reporting requirements, or to or on behalf of any 527 organization which accepts such donations or contributions (other than a committee of a state or local political party or a candidate for election for state or local office). (A 527 organization, tax-exempt in certain circumstances under Section 527 of the Internal Revenue Code, is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.)

{"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to clarify the treatment of coordinated expenditures as contributions to candidates, and for other purposes."}

SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. (a) Short Title.--This Act may be cited as the ``Equal Access to Justice Reform Amendments of 1995''. (b) Award of Costs and Fees.-- (1) Administrative proceedings.--Section 504(a)(2) of title 5, United States Code, is amended by inserting after ``(2)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the adjudicative officer may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should it prevail.''. (2) Judicial proceedings.--Section 2412(d)(1)(B) of title 28, United States Code, is amended by inserting after ``(B)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the court may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should it prevail.''. (c) Hourly Rate for Attorney Fees.-- (1) Administrative proceedings.--Section 504(b)(1)(A)(ii) of title 5, United States Code, is amended by striking out all beginning with ``$75 per hour'' and inserting in lieu thereof ``$125 per hour unless the agency determines by regulation that an increase in the cost-of-living based on the date of final disposition justifies a higher fee.);''. (2) Judicial proceedings.--Section 2412(d)(2)(A)(ii) of title 28, United States Code, is amended by striking out all beginning with ``$75 per hour'' and inserting in lieu thereof ``$125 per hour unless the court determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee.);''. (d) Offers of Settlement.-- (1) Administrative Proceedings.--Section 504 of title 5, United States Code, is amended-- (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following new subsection: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (2) Judicial Proceedings.--Section 2412 of title 28, United States Code, is amended-- (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following new subsection: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency of the United States from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (e) Elimination of Substantial Justification Standard.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1) by striking out all beginning with ``, unless the adjudicative officer'' through ``expenses are sought''; and (B) in subsection (a)(2) by striking out ``The party shall also allege that the position of the agency was not substantially justified.''. (2) Judicial proceedings.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)(A) by striking out ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (B) in paragraph (1)(B) by striking out ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (C) in paragraph (3) by striking out ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (f) Reports to Congress.-- (1) Administrative proceedings.--No later than 180 days after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to the Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal agencies under the provisions of section 504 of title 5, United States Code; and (B) including recommendations for extending the application of such sections to other Federal agencies and administrative proceedings. (2) Judicial proceedings.--No later than 180 days after the date of the enactment of this Act, the Department of Justice shall submit a report to the Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal districts under the provisions of section 2412 of title 28, United States Code; and (B) including recommendations for extending the application of such sections to other Federal judicial proceedings. (g) Effective Date.--The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and shall apply only to an administrative complaint filed with a Federal agency or a civil action filed in a United States court on or after such date.

Equal Access to Justice Reform Amendments of 1995 - Authorizes the adjudicative officer (in administrative proceedings) and the court (in judicial proceedings) to ask a party to declare whether such party intends to seek an award of fees and expenses against a Federal agency should it prevail. Increases the amount of attorney's fees that may be awarded to $125 per hour unless the agency (in administrative proceedings) or the court (in judicial proceedings) determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.

{"src": "billsum_train", "title": "Equal Access to Justice Reform Amendments of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microcap Fraud Prevention Act of 2001''. SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. Section 15(b)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(4)) is amended-- (1) in each of subparagraphs (A) through (E), by striking the period at the end and inserting a semicolon; (2) by striking subparagraph (F) and inserting the following: ``(F) is subject to any order of the Commission barring or suspending the right of the person to be associated with a broker or dealer;''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``has omitted'' and all that follows through the semicolon and inserting ``omitted to state in any such application, report, or proceeding any material fact that is required to be stated therein;''; (B) in clause (ii)-- (i) by striking ``transactions in securities,'' and inserting ``securities, banking, insurance,''; and (ii) by adding ``or'' at the end; and (C) in clause (iii)-- (i) by inserting ``other'' after ``violation by any''; (ii) by striking ``empowering a foreign financial regulatory authority regarding transactions in securities,'' and inserting ``regarding securities, banking, insurance,''; (iii) by striking ``has been found, by a foreign financial regulatory authority,''; and (iv) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(H) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) that-- ``(i) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(ii) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''. SEC. 3. AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940. Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 3) is amended-- (1) in subsection (e)-- (A) in each of paragraphs (1) through (6), by striking the period at the end and inserting a semicolon; and (B) by striking paragraphs (7) and (8) and inserting the following: ``(7) is subject to any order of the Commission barring or suspending the right of the person to be associated with an investment adviser; ``(8) has been found by a foreign financial regulatory authority to have-- ``(A) made or caused to be made in any application for registration or report required to be filed with, or in any proceeding before, that foreign financial regulatory authority with respect to registration, any statement that was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state in any such application or report filed with, or in any proceeding before, that foreign financial regulatory authority any material fact that is required to be stated in the application, report, or proceeding; ``(B) violated any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; or ``(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade, or failed reasonably to supervise, with a view to preventing violations of any such statute or regulation, another person who commits such a violation, if the other person is subject to its supervision; or ``(9) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) that-- ``(A) bars such investment adviser or person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(B) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''; and (2) in subsection (f)-- (A) by striking ``(6), or (8)'' and inserting ``(6), (8), or (9)''; and (B) by striking ``paragraph (2)'' and inserting ``paragraph (2) or (3)''. SEC. 4. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940. Section 9(b) of the Investment Company Act of 1940 (15 U.S.C. 80a- 9(b)) is amended-- (1) in paragraph (4), by striking subparagraphs (A) through (C) and inserting the following: ``(A) made or caused to be made in any application for registration or report required to be filed with, or in any proceeding before, that foreign financial regulatory authority with respect to registration, any statement that was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state in any application or report filed with, or in any proceeding before, that foreign financial regulatory authority any material fact that is required to be stated in the application, report, or proceeding; ``(B) violated any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; or ``(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade;''; (2) in paragraph (5), by striking ``or'' at the end; (3) in paragraph (6), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(7) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) that-- ``(A) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(B) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''. SEC. 5. CONFORMING AMENDMENTS. (a) Municipal Securities Dealers.--Section 15B(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(c)) is amended-- (1) in paragraph (2), by striking ``act or omission'' and all that follows through the period and inserting ``act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in section 15(b)(4)(C).''; and (2) in paragraph (4), in the first sentence, by striking ``any act or omission'' and all that follows through the period and inserting ``or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in section 15(b)(4)(C).''. (b) Government Securities Brokers and Dealers.--Section 15C(c)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5(c)(1)) is amended-- (1) in subparagraph (A), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''; and (2) in subparagraph (C), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''. (c) Clearing Agencies.--Section 17A(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1(c)) is amended-- (1) in paragraph (3)(A), by striking ``any act enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''; and (2) in paragraph (4)(C), in the first sentence, by striking ``any act enumerated'' and all that follows through ``of this title,'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of paragraph (4) of section 15(b),''. (d) Statutory Disqualifications.--Section 3(a)(39)(F) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)(F)) is amended-- (1) by striking ``any act enumerated in subparagraph (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (D), (E), (G), or (H) of section 15(b)(4)''; (2) by striking ``subparagraph (B) of such paragraph (4)'' and inserting ``section 15(b)(4)(B)''; and (3) by striking ``subparagraph (C) of such paragraph (4)'' and inserting ``section 15(b)(4)(C)''. SEC. 6. BROADENING OF PENNY STOCK BAR. Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(6)) is amended-- (1) in subparagraph (A)-- (A) by striking ``of any penny stock'' and inserting ``of any noncovered security''; (B) by striking ``of penny stock'' and inserting ``of any noncovered security''; and (C) in clause (i), by striking ``or omission enumerated'' and all that follows through the semicolon and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of paragraph (4)''; (2) in subparagraph (B)-- (A) by striking ``an offering of penny stock'' each place that term appears and inserting ``any securities offering''; and (B) in clause (iii), by striking ``such a person'' and inserting ``a person as to whom an order under section 21(d)(5) or subparagraph (A) of this paragraph is in effect''; and (3) by striking subparagraph (C) and inserting the following: ``(C) For purposes of this paragraph-- ``(i) the term `noncovered security' means any security other than those described in paragraphs (1) and (2) of section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)); and ``(ii) the term `participation in an offering of noncovered securities'-- ``(I) means acting as a promoter, finder, consultant, or agent, or engaging in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in any noncovered security, or inducing or attempting to induce the purchase or sale of any noncovered security; ``(II) includes other activities that the Commission specifies by rule or regulation; and ``(III) excludes any person or class of persons, in whole or in part, conditionally or unconditionally, that the Commission, by rule, regulation, or order, may exclude.''. SEC. 7. COURT AUTHORITY TO PROHIBIT OFFERINGS OF NONCOVERED SECURITIES. Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)) is amended-- (1) by striking ``(d)(1) Whenever'' and inserting the following: ``(d) Authority of Courts and Commission for Violations.-- ``(1) Court actions.--Whenever''; (2) in paragraphs (2) and (3), by moving each of the margins in those paragraphs 2 ems to the right; and (3) by adding at the end the following: ``(5) Court authority to prohibit persons from participating in offering of noncovered securities.-- ``(A) In general.--In any proceeding under paragraph (1), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person that violated section 10(b) or the rules or regulations issued thereunder in connection with any transaction in any noncovered security from participating in an offering of a noncovered security. ``(B) Definitions.--For purposes of this paragraph-- ``(i) the term `noncovered security' means any security other than those described in paragraphs (1) and (2) of section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)); and ``(ii) the term `participation in an offering of noncovered securities'-- ``(I) means acting as a promoter, finder, consultant, or agent, or engaging in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in any noncovered security, or inducing or attempting to induce the purchase or sale of any noncovered security; ``(II) includes other activities that the Commission specifies by rule or regulation; and ``(III) excludes any person or class of persons, in whole or in part, conditionally or unconditionally, that the Commission, by rule, regulation, or order, may exempt.''. SEC. 8. BROADENING OF OFFICER AND DIRECTOR BAR. Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(2)) is amended-- (1) by striking ``of this title or that'' and inserting ``, that''; and (2) by striking ``of this title if'' and inserting ``, or the securities of which are quoted in any quotation medium, if''. SEC. 9. VIOLATIONS OF COURT ORDERED BARS. (a) In General.--Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the following: ``(j) Bar on Participation.--It shall be unlawful for any person, against which an order under paragraph (2) or (5) of subsection (d) is in effect, to serve as officer, director, or participant in any offering involving a noncovered security (as defined in subsection (d)(5)(B)) in contravention of that order.''. (b) Conforming Amendment.--Section 21(d)(3)(D) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(D)) is amended by inserting ``or relating to a violation of subsection (j) of this section,'' before ``each separate''.

Microcap Fraud Prevention Act of 2001 - Amends the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to enjoin the activities of any broker, dealer, or investment adviser who: (1) is subject to an SEC order barring or suspending such person's right to be associated with a broker or dealer; (2) has been found by a foreign financial regulatory authority to have violated foreign statutes or regulations governing transactions in securities, banking, and insurance; (3) failed reasonably to supervise with a view to preventing securities, banking, or insurance violations; or (4) is subject to any order of a State regulatory authority barring such person from either engaging in the business of securities, insurance, or banking, or from association with an entity engaged in such businesses. Includes both municipal, and government securities dealers and brokers within the sweep of such regulation.Amends the Securities Exchange Act of 1934 to: (1) extend the penny stock bar to any noncovered security; and (2) make it unlawful for any person who is the subject of certain enforcement sanctions to serve as officer, director, or participant in any offering involving a noncovered security.Authorizes a court to prohibit violators of certain SEC anti-fraud rules from participating in an offering of a noncovered security.Bars persons subject to specified court orders from serving as officers, directors, or participants in any offering involving a noncovered security.

{"src": "billsum_train", "title": "A bill to allow Federal securities enforcement actions to be predicated on State securities enforcement actions, to prevent migration of rogue securities brokers between and among financial services industries, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service 100th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1916, Congress established the National Park Service as a bureau within the Department of the Interior to administer the great national parks and monuments in the United States as a unified National Park System; (2) from 1916 to the present, the National Park System has grown from 37 park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly every State and territory; (3) the responsibilities of the National Park Service have expanded to include-- (A) managing national historic trails and national scenic trails; (B) administering wild and scenic rivers; (C) recognizing the most significant historic resources in the United States through the National Register of Historic Places and the National Historic Landmark program; (D) providing historic preservation grants; and (E) assisting communities in meeting their preservation, conservation, and recreation needs; (4) the National Park Service Organic Act of 1916 (Public Law 64-408, 39 Stat. 535), which established the National Park Service, remains the preeminent law guiding the management of parks and articulating the core mission of the National Park Service, ``to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations''; (5) the 100th anniversary of the National Park Service in 2016 will be an occasion to celebrate a century of American vision and achievement in identifying and preserving the special places in the United States for the benefit of all, and the culmination of 100 years of accomplishments by the employees, partners, and volunteers of the National Park Service; (6) 2016 also will mark the beginning of the 2d century of service of the dedicated employees, partners, and volunteers of the National Park Service to the people of the United States as environmental leaders and vigilant stewards of the treasured places and stories of the United States; (7) coins commemorating the 100th anniversary of the National Park Service will bring national and international attention to the National Park System and to the legacy Congress left in 1916 when it established a Federal agency to ensure the protection of the most treasured natural and cultural resources in the United States for all time; and (8) the proceeds from a surcharge on the sale of commemorative coins will assist the financing of the needs of the parks and programs of the National Park Service, helping to ensure that the great natural and cultural resources of the United States will endure for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.-- (1) $5 gold coins.--The Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall mint and issue not more than 100,000 $5 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. (2) $1 silver coins.--The Secretary shall mint and issue not more than 500,000 $1 coins, 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. (3) Half dollar clad coins.--The Secretary shall mint and issue not more than 750,000 half dollar clad coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar clad coins in section 5112(b) of title 31, United States Code. (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 100th anniversary of the National Park Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the face value of the coin; (B) an inscription of the year ``2016''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Park Service; (B) the National Park Foundation; and (C) 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 for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2016, and ending on December 31, 2016. 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 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-- (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (b) Distribution.-- (1) In general.--Subject to section 5134(f) of title 31, United States Code, all surcharges that are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for projects and programs that help preserve and protect resources under the stewardship of the National Park Service and promote public enjoyment and appreciation of those resources. (2) Prohibition on land acquisition.--Surcharges paid to the National Park Foundation pursuant to paragraph (1) may not be used for land acquisition. (c) Audits.--The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the National Park Foundation under subsection (b). (d) Limitations.--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 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection.

National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition.

{"src": "billsum_train", "title": "National Park Service 100th Anniversary Commemorative Coin Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Transfer Act''. SEC. 2. DISCLOSURE OF PENDING AND COMPLETED DISCIPLINARY PROCEEDINGS AGAINST A STUDENT. Section 444(b)(6) of the General Education Provisions Act (20 U.S.C. 1232g(b)(6)) is amended-- (1) in subparagraph (A), by striking ``nonforcible''; (2) in subparagraph (B)-- (A) by striking ``(B) Nothing'' and inserting the following: ``(B)(i) Subject to clause (ii), nothing''; (B) by striking ``nonforcible''; and (C) by adding at the end the following: ``(ii) No funds shall be made available under any applicable program to any institution of postsecondary education that fails-- ``(I) with respect to the final results of any disciplinary proceeding conducted by the institution against a student who is an alleged perpetrator of a sex offense, and whom, as a result of that disciplinary proceeding, the institution determines committed a violation of the institution's rules or policies with respect to such offense, during the 5-year period beginning on the date the disciplinary proceeding was completed-- ``(aa) to disclose such final results to an official of any other institution of postsecondary education in which the student seeks or intends to enroll; and ``(bb) to include such final results on the transcript of such student; ``(II) with respect to a pending disciplinary proceeding being conducted by such institution of postsecondary education against a student who is an alleged perpetrator of a sex offense, during the 1-year period beginning on the first day of such proceeding-- ``(aa) to disclose such pending proceeding to an official of any other institution of postsecondary education in which the student seeks or intends to enroll; and ``(bb) to note that such disciplinary proceeding is pending on the transcript of such student; and ``(III) with respect to a disclosure under subclause (I) or (II)-- ``(aa) to notify the student of the disclosure; ``(bb) to allow the student to inspect, in person, a copy of the disciplinary proceeding, which does not include the name of any other student, such as a victim or witness; and ``(cc) to provide the student with an opportunity to write a statement to accompany the disclosure. ``(iii) The Secretary shall take appropriate steps to notify institutions of postsecondary education that disclosure of information described in clause (ii) is required.''; and (3) by adding at the end the following: ``(D) For the purpose of this paragraph, the term `sex offense' has the meaning-- ``(i) given the term `sex offense' in section 485(f)(1)(F)(i)(II) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)(i)(II)); ``(ii) given the term `sexual assault' in section 485(f)(6)(A)(v) of such Act (20 U.S.C. 1092(f)(6)(A)(v)); and ``(iii) of an offense that meets the definition of rape, fondling, incest, or statutory rape under the final regulations published by the Department of Education in the Federal Register on October 20, 2014, for Appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 62752).''.

Safe Transfer Act This bill amends the Family Educational Rights and Privacy Act of 1974 by prohibiting federal funds for any institution of postsecondary education that fails to disclose to other institutions information related to campus sexual assault on the transcript of: (1) a student who violated the institution's rules or polices with respect to sex offenses, or (2) a student who is accused of sex offenses in a pending disciplinary proceeding. The disclosure requirement terminates five years after a disciplinary proceeding is completed, or one year after the initiation of a proceeding if it is still pending. The student who is subject to the disciplinary proceeding must be notified of the disclosure and be allowed to inspect and copy the disciplinary proceeding, which does not include the name of any other student, such as a victim or witness. The student must also be given the opportunity to write a statement to accompany the disclosure.

{"src": "billsum_train", "title": "Safe Transfer Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Overdose Reduction Act of 2018''. SEC. 2. PURPOSE. The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``health care professional'' means a person licensed by a State to prescribe prescription drugs; (2) the term ``opioid overdose drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term ``opioid overdose program'' means a program operated by a local health department, community-based organization, substance abuse treatment organization, law enforcement agency, fire department, other first responder department, or voluntary association or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by in part providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to an individual in a position to assist another individual at risk of experiencing an opioid overdose. SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State Regarding Nonapplicability.--Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if-- (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation-- (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO PROVIDE OPIOID OVERDOSE DRUGS. (a) Limitation on Liability.-- (1) In general.--Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated in accordance with paragraph (2) about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (2) Education requirements.--For purposes of paragraph (1), an individual who has been educated in accordance with this paragraph shall have been trained on-- (A) when to administer the opioid overdose drug; (B) how to administer the opioid overdose drug; and (C) the steps that need to be taken after administration of the opioid overdose drug. (b) Exception.--Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE PROGRAM. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception.--Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if-- (1) the individual who administers the opioid overdose drug-- (A) obtained the drug from a health care professional or as part of an opioid overdose program; or (B) is doing so pursuant to a prescription for an opioid overdose drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262); and (2) was educated in accordance with section 5(a)(2) by the health care professional or an opioid overdose program. (b) Exception.--Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.

Opioid Overdose Reduction Act of 2018 This bill limits an individual's civil liability for harm caused by the emergency administration of an opioid overdose reversal drug (e.g., naloxone) if the individual is one of the following: a licensed health care professional who prescribes or provides the drug to an individual who was educated on its administration; an employee or volunteer at an opioid overdose program who provides the drug, as part of such program, to an authorized recipient who administers it; or an individual who administers the drug after obtaining it from a health care professional or as part of an opioid overdose program, or administers it pursuant to a prescription, and was educated on its administration. This bill preempts an inconsistent state law that provides less protection from civil liability related to the administration of opioid overdose reversal drugs.

{"src": "billsum_train", "title": "Opioid Overdose Reduction Act of 2018"}

SECTION 1. COMMISSION TO EDUCATE OUR NATION'S TEACHERS AND STUDENTS ON FINANCIAL LITERACY SKILLS. (a) Findings.--The Congress finds as follows: (1) A range of trends points to the need for individuals in the United States to receive a practical economics education that will give the individuals tools to make responsible choices about their limited financial resources, choices which will impact individuals' credit ratings. (2) An individual's credit rating will affect his or her ability to buy a home, finance education, establish a small business and prepare for retirement. (3) Building and maintaining sound credit requires knowledge of personal finance and economics. (4) Basic economics education is a key to understanding personal finance. (5) A number of Federal departments and agencies have implemented programs to improve personal finance and economics education, including the Departments of Education, Labor, Treasury, and Housing and Urban Development, as well as the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Federal Trade Commission and the Securities Exchange Commission. (6) Coordinating existing Federal efforts, maximizing the impact of existing private sector efforts, and identifying and promoting best practices are necessary to improve economic and personal finance education and to improve individuals' credit and economic well-being. (b) Authority To Establish Commission.--Not later than January 31, 2005, the President shall convene a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills (hereafter in this section referred to as the ``Commission'') to examine and identify government policies that promote economic and financial literacy. (c) Scope of the Commission.--The scope of the Commission shall consist of issues relating to economic and financial education. (d) Purposes.--The purposes of the Commission shall be-- (1) to make recommendations on integrating economic and personal finance education into primary, secondary, and postsecondary curricula; (2) to identify and make recommendations regarding best practices in economic and personal finance education; (3) to make recommendations on coordinating existing Federal and private sector economic and financial literacy education programs; and (4) to carry out such other duties as the Commission members deem appropriate, consistent with this Act. (e) Commission Members.--To carry out the purposes of the Commission, the Commission shall include-- (1) three members appointed by the President, one of whom shall be designated by the President as the Chairperson of the Commission; (2) two members appointed by the Speaker of the House of -- --Representatives; (3) two members appointed by the minority leader of the House of Representatives; (4) two members appointed by the majority leader of the Senate; and (5) two members appointed by the minority leader of the Senate. (f) Appointment Requirements.--The Commission members shall-- (1) be appointed not later than January 31, 2005; and (2) include at least one representative of each of the following groups: (A) Primary and secondary educators. (B) Postsecondary educators. (C) The financial services industry. (D) State and local governments. (E) organizations involved in promoting economics education. (g) Commission Administration.-- (1) Administration.--In administering this section, the Chairperson of the Commission shall-- (A) request the cooperation and assistance of such Federal departments and agencies as may be appropriate in the carrying out of this section; (B) furnish all reasonable assistance to State agencies, area agencies, and other appropriate organizations to enable them to provide testimony and otherwise participate in the Commission's hearings; (C) make available for public comment a proposed agenda for the Commission that reflects to the greatest extent possible the purposes for the Commission set out in this section; (D) prepare and make available background materials for the use of participants in the Commission that the Chairperson considers necessary; and (E) appoint and fix the pay of such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay-rates. (2) Duties of the chairperson.--The Chairperson of the Commission shall, in carrying out the responsibilities and functions of the Chairperson under this section, ensure that-- (A) the Commission shall hold hearings in accordance with this section; (B) the Commission shall be conducted in a manner that ensures broad participation of Federal, State, and local agencies and private organizations, professionals, and others involved in economic education; and (C) the agenda prepared under paragraph (1)(C) for the Commission is published in the Federal Register. (3) Nonapplication of federal advisory committee act.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) Hearings.-- (1) In general.--The Commission shall hold public hearings to receive testimony related to the recommendations to be included in the Commission's report identified in subsection (h)(3). (2) Field hearings.--The Commission shall conduct at least 4 hearings to be held in different States. (i) Report.-- (1) In general.--The Commission shall prepare a report describing the activities and recommendations of the Commission and shall submit the report to the President, the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the chief executive officers of the States not later than July 1, 2005. (2) Approval of report.--Approval of the Commission's report shall require a majority of the Commission. (3) Report contents.--In addition to summarizing the activities of the Commission, the report shall include proposals for improving economics and finance education, including recommendations for-- (A) integrating high quality, standards-based economic and financial education in the curricula of primary, secondary and postsecondary education; (B) identifying best practices in the teaching of economics and personal finance including teacher training and development of curricular materials; (C) coordinating and enhancing existing federal and private sector efforts to improve economic education and financial literacy; (D) assessing and identifying best practices for the training of teachers and educators in economics and finance; and (E) developing models for public-private partnerships in the promotion of economic and finance education. (j) Definition.--For purposes of this section, the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (k) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years beginning on or after October 1, 2004, such sums as are necessary to carry out this section. (l) Financial Obligation for Fiscal Year 2005.--The financial obligation for the Commission for fiscal year 2005 shall not exceed $500,000. (m) Contracts.--The Chairperson of the Commission may enter into contracts to carry out the Chairperson's responsibilities under this section. The Chairperson shall enter into a contract on a sole-source basis to ensure the timely completion of the Commission's activities.

Directs the President to convene a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills to examine, identify, and report to the President, the congressional leadership, and the chief executive officers of the States on government policies that promote economic and financial literacy.

{"src": "billsum_train", "title": "To establish a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harmful Nonnative Weed Control Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) public and private land in the United States faces unprecedented and severe stress from harmful, nonnative weeds; (2) the economic and resource value of the land is being destroyed as harmful nonnative weeds overtake native vegetation, making the land unusable for forage and for diverse plant and animal communities; (3) damage caused by harmful nonnative weeds has been estimated to run in the hundreds of millions of dollars annually; (4) successfully fighting this scourge will require coordinated action by all affected stakeholders, including Federal, State, and local governments, private landowners, and nongovernmental organizations; (5) the fight must begin at the local level, since it is at the local level that persons feel the loss caused by harmful nonnative weeds and will therefore have the greatest motivation to take effective action; and (6) to date, effective action has been hampered by inadequate funding at all levels of government and by inadequate coordination. (b) Purposes.--The purposes of this Act are-- (1) to provide assistance to eligible weed management entities in carrying out projects to control or eradicate harmful, nonnative weeds on public and private land; (2) to coordinate the projects with existing weed management areas and districts; (3) in locations in which no weed management entity, area, or district exists, to stimulate the formation of additional local or regional cooperative weed management entities, such as entities for weed management areas or districts, that organize locally affected stakeholders to control or eradicate weeds; (4) to leverage additional funds from a variety of public and private sources to control or eradicate weeds through local stakeholders; and (5) to promote healthy, diverse, and desirable plant communities by abating through a variety of measures the threat posed by harmful, nonnative weeds. SEC. 3. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the advisory committee established under section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 4. ESTABLISHMENT OF PROGRAM. The Secretary shall establish in the Office of the Secretary a program to provide financial assistance through States to eligible weed management entities to control or eradicate harmful, nonnative weeds on public and private land. SEC. 5. ADVISORY COMMITTEE. (a) In General.--The Secretary shall establish in the Department of the Interior an advisory committee to make recommendations to the Secretary regarding the annual allocation of funds to States under section 6 and other issues related to funding under this Act. (b) Composition.--The Advisory Committee shall be composed of not more than 10 individuals appointed by the Secretary who-- (1) have knowledge and experience in harmful, nonnative weed management; and (2) represent the range of economic, conservation, geographic, and social interests affected by harmful, nonnative weeds. (c) Term.--The term of a member of the Advisory Committee shall be 4 years. (d) Compensation.-- (1) In general.--A member of the Advisory Committee shall receive no compensation for the service of the member on the Advisory Committee. (2) Travel expenses.--A member of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Committee. (e) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. SEC. 6. ALLOCATION OF FUNDS TO STATES. (a) In General.--In consultation with the Advisory Committee, the Secretary shall allocate funds made available for each fiscal year under section 8 to States to provide funding in accordance with section 7 to eligible weed management entities to carry out projects approved by States to control or eradicate harmful, nonnative weeds on public and private land. (b) Amount.--The Secretary shall determine the amount of funds allocated to a State for a fiscal year under this section on the basis of-- (1) the seriousness of the harmful, nonnative weed problem or potential problem in the State, or a portion of the State; (2) the extent to which the Federal funds will be used to leverage non-Federal funds to address the harmful, nonnative weed problems in the State; (3) the extent to which the State has made progress in addressing harmful, nonnative weed problems in the State; (4) the extent to which weed management entities in a State are eligible for base payments under section 7; and (5) other factors recommended by the Advisory Committee and approved by the Secretary. SEC. 7. USE OF FUNDS ALLOCATED TO STATES. (a) In General.--A State that receives an allocation of funds under section 6 for a fiscal year shall use-- (1) not more than 25 percent of the allocation to make a base payment to each weed management entity in accordance with subsection (b); and (2) not less than 75 percent of the allocation to make financial awards to weed management entities in accordance with subsection (c). (b) Base Payments.-- (1) Use by weed management entities.-- (A) In general.--Base payments under subsection (a)(1) shall be used by weed management entities-- (i) to pay the Federal share of the cost of carrying out projects described in subsection (d) that are selected by the State in accordance with subsection (d); or (ii) for any other purpose relating to the activities of the weed management entities, subject to guidelines established by the State. (B) Federal share.--Under subparagraph (A), the Federal share of the cost of carrying out a project described in subsection (d) shall not exceed 50 percent. (2) Eligibility of weed management entities.--To be eligible to obtain a base payment under paragraph (1) for a fiscal year, a weed management entity in a State shall-- (A) be established by local stakeholders-- (i) to control or eradicate harmful, nonnative weeds on public or private land; or (ii) to increase public knowledge and education concerning the need to control or eradicate harmful, nonnative weeds on public or private land; (B)(i) for the first fiscal year for which the entity receives a base payment, provide to the State a description of-- (I) the purposes for which the entity was established; and (II) any projects carried out to accomplish those purposes; and (ii) for any subsequent fiscal year for which the entity receives a base payment, provide to the State-- (I) a description of the activities carried out by the entity in the previous fiscal year-- (aa) to control or eradicate harmful, nonnative weeds on public or private land; or (bb) to increase public knowledge and education concerning the need to control or eradicate harmful, nonnative weeds on public or private land; and (II) the results of each such activity; and (C) meet such additional eligibility requirements, and conform to such process for determining eligibility, as the State may establish. (c) Financial Awards.-- (1) Use by weed management entities.-- (A) In general.--Financial awards under subsection (a)(2) shall be used by weed management entities to pay the Federal share of the cost of carrying out projects described in subsection (d) that are selected by the State in accordance with subsection (d). (B) Federal share.--Under subparagraph (A), the Federal share of the cost of carrying out a project described in subsection (d) shall not exceed 50 percent. (2) Eligibility of weed management entities.--To be eligible to obtain a financial award under paragraph (1) for a fiscal year, a weed management entity in a State shall-- (A) meet the requirements for eligibility for a base payment under subsection (b)(2); and (B) submit to the State a description of the project for which the financial award is sought. (d) Projects.-- (1) In general.--An eligible weed management entity may use a base payment or financial award received under this section to carry out a project relating to the control or eradication of harmful, nonnative weeds on public or private land, including-- (A) education, inventories and mapping, management, monitoring, and similar activities, including the payment of the cost of personnel and equipment; and (B) innovative projects, with results that are disseminated to the public. (2) Selection of projects.--A State shall select projects for funding under this section on a competitive basis, taking into consideration (with equal consideration given to economic and natural values)-- (A) the seriousness of the harmful, nonnative weed problem or potential problem addressed by the project; (B) the likelihood that the project will prevent or resolve the problem, or increase knowledge about resolving similar problems in the future; (C) the extent to which the payment will leverage non-Federal funds to address the harmful, nonnative weed problem addressed by the project; (D) the extent to which the entity has made progress in addressing harmful, nonnative weed problems; (E) the extent to which the project will provide a comprehensive approach to the control or eradication of harmful, nonnative weeds; (F) the extent to which the project will reduce the total population of a harmful, nonnative weed within the State; and (G) other factors that the State determines to be relevant. (3) Scope of projects.-- (A) In general.--A weed management entity shall determine the geographic scope of the harmful, nonnative weed problem to be addressed through a project using a base payment or financial award received under this section. (B) Multiple states.--A weed management entity may use the base payment or financial award to carry out a project to address the harmful, nonnative weed problem of more than 1 State if the entity meets the requirements of applicable State laws. (4) Land.--A weed management entity may use a base payment or financial award received under this section to carry out a project to control or eradicate weeds on any public or private land with the approval of the owner or operator of the land, other than land that is devoted to the cultivation of row crops, fruits, or vegetables. (5) Prohibition on projects to control aquatic noxious weeds or animal pests.--A base payment or financial award under this section may not be used to carry out a project to control or eradicate aquatic noxious weeds or animal pests. (e) Administrative Costs.--Not more than 5 percent of the funds made available under section 8 for a fiscal year may be used by the States or the Federal Government to pay the administrative costs of the program established by this Act, including the costs of complying with Federal environmental laws. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Prohibits such assistance from being used to carry out projects to control or eradicate aquatic noxious weeds or animal pests.

{"src": "billsum_train", "title": "Harmful Nonnative Weed Control Act of 2000"}

SECTION 1. MODIFICATIONS TO SMALL ISSUE BOND PROVISIONS. (a) Increase in Amount of Qualified Small Issue Bonds Permitted for Facilities to be Used by Related Principal Users.-- (1) In general.--Clause (i) of section 144(a)(4)(A) (relating to $10,000,000 limit in certain cases) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (2) Cost-of-living adjustment.--Section 144(a)(4) is amended by adding at the end the following: ``(G) Cost-of-living adjustment.--In the case of a taxable year beginning in a calendar year after 2002, the $20,000,000 amount under subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.''. (3) Clerical amendment.--The heading of paragraph (4) of section 144(a) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (4) Effective date.--The amendments made by this subsection shall apply to-- (A) obligations issued after the date of the enactment of this Act, and (B) capital expenditures made after such date with respect to obligations issued on or before such date. (b) Definition of Manufacturing Facility.-- (1) In general.--Section 144(a)(12)(C) (relating to definition of manufacturing facility) is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph, the term `manufacturing facility' means any facility which is used in-- ``(i) the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(ii) the manufacturing, development, or production of specifically developed software products or processes if-- ``(I) it takes more than 6 months to develop or produce such products, ``(II) the development or production could not with due diligence be reasonably expected to occur in less than 6 months, and ``(III) the software product or process comprises programs, routines, and attendant documentation developed and maintained for use in computer and telecommunications technology, or ``(iii) the manufacturing, development, or production of specially developed biobased or bioenergy products or processes if-- ``(I) it takes more than 6 months to develop or produce, ``(II) the development or production could not with due diligence be reasonably expected to occur in less than 6 months, and ``(III) the biobased or bioenergy product or process comprises products, processes, programs, routines, and attendant documentation developed and maintained for the utilization of biological materials in commercial or industrial products, for the utilization of renewable domestic agricultural or forestry materials in commercial or industrial products, or for the utilization of biomass materials. ``(D) Related facilities.--For purposes of subparagraph (C), the term `manufacturing facility' includes a facility which is directly and functionally related to a manufacturing facility (determined without regard to subparagraph (C)) if-- ``(i) such facility, including an office facility and a research and development facility, is located on the same site as the manufacturing facility, and ``(ii) not more than 40 percent of the net proceeds of the issue are used to provide such facility, but shall not include a facility used solely for research and development activities.''. (2) Effective date.--The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act.

Amends the Internal Revenue Code regarding qualified small issue bonds to: (1) increase the cap and capital expenditure amounts from $10 million to $20 million, with an inflation adjustment beginning in 2003; and (2) expand the definition of "manufacturing facility" to include certain biotech and software production.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the qualified small issue bond provisions."}

SECTION 1. STATEMENT OF POLICY. It is the policy of the United States Government that historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans share equitably in the benefits to be derived from being and becoming full participants in federally funded research and development activities. SEC. 2. PURPOSE. The purpose of this Act is to establish, enhance, and expand the participation of historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development through their designation as federally funded research and development centers. SEC. 3. ACTIONS REQUIRED. (a) General Authority.--The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end the following: ``participation of historically black colleges and universities and nonprofit organizations owned and controlled by black americans in research and development activities ``Sec. 29. (a)(1) The Federal Acquisition Regulation shall include regulations to ensure that historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans are afforded the opportunity to participate equitably in research and development activities conducted for executive agencies. ``(2) The regulations shall require that the head of each executive agency having regular requirements for research and development-- ``(A) except as provided in paragraph (3), designate not less than 5 historically Black colleges and universities or nonprofit organizations owned and controlled by Black Americans to be designated as federally funded research and development centers for such agency; ``(B) reserve not less than 3 percent of amounts appropriated to such agency for research and development activities for purposes of providing technical assistance and other support to historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in order to expand the participation of such entities in federally funded research and development; ``(C) reserve, for purposes of research and development activities to be conducted by federally funded research and development centers designated pursuant to subparagraph (A)-- ``(i) in the fiscal year 1995, not less than 5 percent of amounts appropriated to such agency for research and development activities; ``(ii) in the fiscal year 1996, not less than 10 percent of amounts appropriated to such agency for research and development activities; ``(iii) in the fiscal year 1997, not less than 15 percent of amounts appropriated to such agency for research and development activities; and ``(iv) in the fiscal year 1998 and in each succeeding fiscal year, not less than 20 percent of amounts appropriated to such agency for research and development activities; and ``(D) with respect to each federally funded research and development center designated pursuant to paragraph (1)-- ``(i) assess any need for technical assistance and other support; and ``(ii) as soon as practicable, develop and implement a coordinated plan for delivery of such assistance. ``(3) The Administrator may authorize an executive agency to designate fewer than 5 historically Black colleges and universities or nonprofit organizations owned and controlled by Black Americans as federally funded research and development centers pursuant to paragraph (2)(A) if the Administrator determines that amounts reserved by such agency under paragraph (2)(C) for such centers would be insufficient to carry out research and development activities at 5 such colleges, universities, and nonprofit organizations. ``(b) The head of an executive agency designating a federally funded research and development center pursuant to subsection (a)(2)(A) shall consider that center as a responsible source for purposes of research and development contracts and cooperative agreements of that agency. ``(c) In any fiscal year in which an executive agency does not expend all of the amounts reserved by such agency pursuant to subsection (a)(2)(C) for support of research and development activities at federally funded research and development centers designated pursuant to subsection (a)(2)(A), any of such amounts that are not so expended shall be returned to the Treasury of the United States. ``(d) For purposes of this section, the term `historically Black college and university' means a part B institution as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).''. (b) Annual GAO Study and Report.-- (1) Requirement.--Section 17 of the Office of Federal Procurement Policy Act (41 U.S.C. 415) is amended by adding at the end the following new subsection: ``(c) The Comptroller General of the United States shall annually conduct a study and submit a report to the Congress on the activities of executive agencies in carrying out this section. Such report shall specifically include-- ``(1) a description of the extent to which each executive agency is complying with the requirements of such section; and ``(2) a description of technical assistance and other support provided by the executive agencies.''. (2) First study and report.--The Comptroller General of the United States shall conduct the first study, and submit the first report, required by section 17(c) of the Office of Federal Procurement Policy Act (as added by paragraph (1)) during 1995. SEC. 4. EFFECTIVE DATE. The amendments made by section 3 shall take effect on October 1, 1994.

Amends the Office of Federal Procurement Policy Act to require the Federal Acquisition Regulation to include regulations to ensure the participation (except in specified circumstances) of at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted for executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percentage of its FY 1995 through 1998 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.

{"src": "billsum_train", "title": "A bill to amend the Office of Federal Procurement Policy Act to provide for expanded participation of historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in federally funded research and development activities."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Poland Parliamentary Youth Exchange Program Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States established diplomatic relations with the newly-formed Polish Republic in April 1919. (2) The United States and Poland have enjoyed close bilateral relations since 1989. (3) Poland became a member of the North Atlantic Treaty Organization (NATO) in March 1999. (4) Poland became a member of the European Union (EU) in May 2004. (5) Poland has been a strong supporter, both diplomatically and militarily, of efforts led by the United States to combat global terrorism and has contributed troops to the United States-led coalitions in both Afghanistan and Iraq. (6) Poland cooperates closely with the United States on such issues as democratization, nuclear proliferation, human rights, regional cooperation in Eastern Europe, and reform of the United Nations. (7) The United States and Poland seek to ensure enduring ties between both governments and societies. (8) It is important to invest in the youth of the United States and Poland in order to help ensure long-lasting ties between both societies. (9) It is in the interest of the United States to preserve a United States presence in Europe and to continue to contribute to the development of transatlantic relationships. (10) Poland for many years received international and United States financial assistance and is now determined to invest its own resources toward attaining its shared desire with the United States to develop international cooperation. SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM. (a) Authority.--The Secretary of State, in cooperation with the Government of Poland, may establish and carry out a parliamentary exchange program for youth of the United States and Poland. (b) Designation.--The youth exchange program carried out under this subsection shall be known as the ``United States-Poland Parliamentary Youth Exchange Program''. (c) Purpose.--The purpose of the youth exchange program is to demonstrate to the youth of the United States and Poland the benefits of friendly cooperation between the United States and Poland based on common political and cultural values. (d) Eligible Participants.--An individual is eligible for participation in the youth exchange program if the individual-- (1) is a citizen or national of the United States or of Poland; (2) is under the age of 19 years; (3) is a student who is enrolled and in good standing at a secondary school in the United States or Poland; (4) has been accepted for up to one academic year of study in a program of study abroad approved for credit at such school; and (5) meets any other qualifications that the Secretary of State may establish for purposes of the program. (e) Program Elements.--Under the youth exchange program, eligible participants selected for participation in the program shall-- (1) live in and attend a public secondary school in the host country for a period of one academic year; (2) while attending public school in the host country, undertake academic studies in the host country, with particular emphasis on the history, constitution, and political development of the host country; (3) be eligible, either during or after the completion of such academic studies, for an internship in an appropriate position in the host country; and (4) engage in such other activities as the President considers appropriate to achieve the purpose of the program. SEC. 4. ANNUAL REPORT TO CONGRESS. The Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report on the United States- Poland Parliamentary Youth Exchange Program established under this Act. Each annual report shall include-- (1) information on the implementation of the Program during the preceding year: (2) the number of participants in the Program during such year; (3) the names and locations of the secondary schools in the United States and Poland attended by such participants; (4) a description of the areas of study of such participants during their participation in the Program; (5) a description of any internships taken by such participants during their participation in the Program; and (6) a description of any other activities such participants carried out during their participation in the Program. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the Department of State for fiscal year 2007 such sums as may be necessary to carry out the youth exchange program authorized by this Act. (b) Availability.--Amounts authorized to be appropriated by subsection (a) shall remain available until expended. Passed the Senate September 7 (legislative day, September 6), 2006. Attest: EMILY J. REYNOLDS, Secretary.

United States-Poland Parliamentary Youth Exchange Program Act of 2006 - Authorizes the Secretary of State, in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program for American and Polish secondary students under 19 years old to live in and attend public secondary school in the host country. Requires an annual program report to the Senate Foreign Relations Committee and the House International Relations Committee. Authorizes FY2007 appropriations.

{"src": "billsum_train", "title": "A bill to establish a United States-Poland parliamentary youth exchange program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Secret Protection Act of 2008''. SEC. 2. STATE SECRET PRIVILEGE. In any civil action brought in Federal or State court, the Government has a privilege to refuse to give evidence and to prevent any person from giving evidence only if the Government shows that public disclosure of the evidence that the Government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. SEC. 3. PROTECTION OF SECRETS. (a) In General.--The court shall take steps to protect sensitive information that comes before the court in connection with proceedings under this Act. These steps may include reviewing evidence or pleadings and hearing arguments ex parte, issuing protective orders, requiring security clearance for parties or counsel, placing material under seal, and applying security procedures established under the Classified Information Procedures Act for classified information to protect the sensitive information. (b) In Camera Proceedings.--All hearings and other proceedings under this Act may be conducted in camera, as needed to protect information or evidence that may be subject to the privilege. (c) Participation of Counsel.--Participation of counsel in proceedings under this Act shall not be limited unless the court determines that the limitation is a necessary step to protect evidence the Government asserts is protected by the privilege or that supports the claim of privilege and that no less restrictive means of protection suffice. The court shall give a written explanation of its decision to the parties and their counsel, which may be placed under seal. (d) Production of Adequate Substitute Pending Resolution of the Claim of Privilege.--If at any point during its consideration of the Government's claim, the court determines that disclosure of information to a party or counsel, or disclosure of information by a party that already possesses it, presents a risk of a harm described in section 2 that cannot be addressed through less restrictive means provided in this section, the court may require the Government to produce an adequate substitute, such as a redacted version, summary of the information, or stipulation regarding the relevant facts, if the court deems such a substitute feasible. The substitute must be reviewed and approved by the court and must provide counsel with a substantially equivalent opportunity to assess and challenge the Government's claim of privilege as would the protected information. SEC. 4. ASSERTION OF THE PRIVILEGE. (a) In General.--The Government may assert the privilege in connection with any claim in a civil action to which it is a party or may intervene in a civil action to which it is not a party to do so. (b) Supporting Affidavits.--If the Government asserts the privilege, the Government shall provide the court with an affidavit signed by the head of the executive branch agency with responsibility for, and control over, the evidence asserted to be subject to the privilege. In the affidavit, the head of the agency shall explain the factual basis for the claim of privilege. The Government shall make public an unclassified version of the affidavit. SEC. 5. PRELIMINARY PROCEEDINGS. (a) Preliminary Review by Court.--Once the Government has asserted the privilege, and before the Court makes any determinations under section 6, the court shall undertake a preliminary review of the information the Government asserts is protected by the privilege and provide the Government an opportunity to seek protective measures under this Act. After any initial protective measures are in place, the Court shall proceed to the consideration of additional preliminary matters under this section. (b) Consideration of Whether to Appoint Special Master or Expert Witness.--The court shall consider whether the appointment of a special master with appropriate expertise or an expert witness, or both, would facilitate the court's duties under this Act. (c) Index of Materials.--The court may order the Government to provide a manageable index of evidence the Government asserts is subject to the privilege. The index must correlate statements made in the affidavit required under this Act with portions of the evidence the Government asserts is subject to the privilege. The index shall be specific enough to afford the court an adequate foundation to review the basis of the assertion of the privilege by the Government. (d) Prehearing Conferences.--After the preliminary review the court shall hold one or more conferences with the parties to-- (1) determine any steps needed to protect sensitive information; (2) define the issues presented by the Government's claim of privilege, including whether it is possible to allow the parties to complete nonprivileged discovery before determining whether the claim of privilege is valid; (3) order disclosure of evidence to the court needed to assess the claim, including all evidence the Government asserts is protected by the privilege and other evidence related to the Government's claim; (4) resolve any disputes regarding participation of counsel or parties in proceedings relating to the claim, including access to the Government's evidence and arguments; (5) set a schedule for completion of discovery related to the Government's claim; and (6) take other steps as needed, such as ordering counsel or parties to obtain security clearances. (e) Security Clearances.--If the court orders a party or counsel to obtain a security clearance, the Government shall promptly conduct the necessary review and determine whether or not to provide the clearance. If the necessary clearance is not promptly provided to counsel for a party, the party may propose that alternate or additional counsel be cleared. If within a reasonable time, alternative or additional counsel selected by the party cannot be cleared, then the court, in consultation with that party and that party's counsel, shall appoint another attorney, who can obtain the necessary clearance promptly, to represent the party in proceedings under this Act. When a security clearance for counsel sought under this Act is denied, the court may require the Government to present an ex parte explanation of that denial. SEC. 6. PROCEDURES AND STANDARD FOR ASSESSING THE PRIVILEGE CLAIM. (a) Hearing.--The court shall conduct a hearing to determine whether the privilege claim is valid. (b) Basis for Ruling.-- (1) Generally.--The court may not determine that the privilege is valid until the court has reviewed-- (A) except as provided in paragraph (2), all of the evidence that the Government asserts is privileged; (B) the affidavits, evidence, memoranda and other filings submitted by the parties related to the privilege claim; and (C) any other evidence that the court determines it needs to rule on the privilege. (2) Sampling in certain cases.--Where the volume of evidence the Government asserts is privileged precludes a timely review of each item of evidence, or the court otherwise determines a review of all of that evidence is not feasible, the court may substitute a sufficient sampling of the evidence if the court determines that there is no reasonable possibility that review of the additional evidence would change the court's determination on the privilege claim and the evidence reviewed is sufficient to enable to court to make the independent assessment required by this section. (c) Standard.--In ruling on the validity of the privilege, the court shall make an independent assessment of whether the harm identified by the Government, as required by section 2, is reasonably likely to occur should the privilege not be upheld. The court shall weigh testimony from Government experts in the same manner as it does, and along with, any other expert testimony. (d) Burden of Proof.--The Government shall have the burden of proof as to the nature of the harm and as to the likelihood of its occurrence. SEC. 7. EFFECT OF COURT DETERMINATION. (a) In General.--If the court determines that the privilege is not validly asserted as to an item of evidence, the item may be disclosed to a nongovernmental party or admitted at trial, subject to the other rules of evidence. If the court determines that the privilege is validly asserted as to an item, that item shall not be disclosed to a nongovernmental party or the public. (b) Nonprivileged Substitute.-- (1) Court consideration of substitute.--If the court finds that the privilege is validly asserted as to an item of material evidence and it is possible to craft a nonprivileged substitute, such as those described in section 3(d), for the privileged evidence that would provide the parties a substantially equivalent opportunity to litigate the case, the court shall order the Government to produce the substitute to the satisfaction of the court. (2) Refusal to provide.--In a civil action brought against the Government, if the court orders the Government to provide a nonprivileged substitute for evidence or information and the Government fails to comply, in addition to any other appropriate sanctions, the court shall find against the Government on the factual or legal issue to which the privileged information is relevant. If the action is not brought against the Government, the court shall weigh the equities and make appropriate orders as provided in subsection (d). (c) Opportunity to Complete Discovery.--The court shall not resolve any issue or claim and shall not grant a motion to dismiss or motion for summary judgment based on the state secrets privilege and adversely to any party against whom the Government's privilege claim has been upheld until that party has had a full opportunity to complete discovery of nonprivileged evidence and to litigate the issue or claim to which the privileged evidence is relevant without regard to that privileged information. (d) Appropriate Orders in the Interest of Justice.--After reviewing all available evidence, and only after determining that privileged evidence, for which it is impossible to create a nonprivileged substitute, is necessary to decide a factual or legal issue or claim, the court shall weigh the equities and make appropriate orders in the interest of justice, such as striking the testimony of a witness, finding in favor of or against a party on a factual or legal issue to which the evidence is relevant, or dismissing a claim or counterclaim. SEC. 8. INTERLOCUTORY APPEAL. (a) In General.--The courts of appeal shall have jurisdiction of an appeal by any party from any interlocutory decision or order of a district court of the United States under this Act. (b) Appeal.-- (1) In general.--An appeal taken under this section either before or during trial shall be expedited by the court of appeals. (2) During trial.--If an appeal is taken during trial, the district court shall adjourn the trial until the appeal is resolved and the court of appeals-- (A) shall hear argument on appeal as expeditiously as possible after adjournment of the trial by the district court; (B) may dispense with written briefs other than the supporting materials previously submitted to the trial court; (C) shall render its decision as expeditiously as possible after argument on appeal; and (D) may dispense with the issuance of a written opinion in rendering its decision. SEC. 9. REPORTING. (a) In General.--Consistent with applicable authorities and duties, including those conferred by the Constitution of the United States upon the executive and legislative branches, the Attorney General shall report in writing to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the House of Representatives and Senate on any case in which the Government invokes a state secrets privilege, not later than 30 calendar days after the date of such assertion. Each report submitted under this subsection shall include all affidavits filed under this Act by the Government. (b) Operation and Effectiveness.-- (1) In general.--The Attorney General shall deliver to the committees of Congress described in subsection (a) a report concerning the operation and effectiveness of this Act and including suggested amendments to the Act. (2) Deadline.--The Attorney General shall submit this report not later than 1 year after the date of enactment of this Act, and every year thereafter until the date that is 3 years after that date of enactment. After the date that is 3 years after that date of enactment, the Attorney General shall submit a report under paragraph (1) as necessary. SEC. 10. RULE OF CONSTRUCTION. This Act provides the only privilege that may be asserted based on state secrets and the standards and procedures set forth in this Act apply to any assertion of the privilege. SEC. 11. APPLICATION. This Act applies to claims pending on or after the date of enactment of this Act. A court also may relieve a party or its legal representative from a final judgment, order, or proceeding that was based, in whole or in part, on the state secrets privilege if-- (1) the motion for relief is filed with the rendering court within one year of the date of enactment of this Act; (2) the underlying judgment, order, or proceeding from which the party seeks relief was entered after January 1, 2002; and (3) the claim on which the judgement, order, or proceeding is based is-- (A) against the Government; or (B) arises out of conduct by persons acting in the capacity of a Government officer, employee, or agent.

State Secret Protection Act of 2008 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give evidence and to prevent any person from giving evidence only if the government shows that public disclosure of the evidence that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it. Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged evidence. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party; or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question; and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Allows disclosure of an item of evidence to a nongovernmental party, or admission at trial, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.

{"src": "billsum_train", "title": "To provide safe, fair, and responsible procedures and standards for resolving claims of state secret privilege."}

SECTION 1. CHARTER. The National Academies of Practice organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a Federal charter. SEC. 2. CORPORATE POWERS. The National Academies of Practice (hereafter referred to in this Act as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. PURPOSES OF CORPORATION. The purposes of the corporation shall be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES. The composition and the responsibilities of the board of directors of the corporation shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF THE CORPORATION. The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer, or any director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) Claims of Federal Approval.--The corporation shall not claim congressional approval or Federal Government authority for any of its activities. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--Nothing in this section shall be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended-- (1) by redesignating paragraph (72) as paragraph (71); (2) by designating the paragraph relating to the Non Commissioned Officers Association of the United States of America, Incorporated, as paragraph (72); (3) by redesignating paragraph (60), relating to the National Mining Hall of Fame and Museum, as paragraph (73); and (4) by adding at the end the following: ``(75) National Academies of Practice.''. SEC. 12. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit for such fiscal year required by section 3 of the Act referred to in section 11 of this Act. The report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. SEC. 14. DEFINITION. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 15. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986 or any corresponding similar provision. SEC. 16. TERMINATION. If the corporation fails to comply with any of the restrictions or provisions of this Act the charter granted by this Act shall terminate.

Grants a Federal charter to the National Academies of Practice (a nonprofit corporation organized under the laws of the District of Columbia).

{"src": "billsum_train", "title": "A bill to recognize the organization known as the National Academies of Practice."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Improvement Act of 1993''. SEC. 2. ADJUSTMENTS IN EXEMPT AMOUNT FOR PURPOSES OF THE RETIREMENT TEST. (a) Increase in Exempt Amount for Individuals Who Have Attained Retirement Age.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual who has attained retirement age (as defined in section 216(1)) before the close of the taxable year involved shall be-- ``(I) for the taxable year beginning after 1993 and before 1995, $1,000.00, ``(II) for the taxable year beginning after 1994 and before 1996, $1,166.66\2/3\, ``(III) for the taxable year beginning after 1995 and before 1997, $1,333.33\1/3\, ``(IV) for the taxable year beginning after 1996 and before 1998, $1,500.00, and ``(V) for the taxable year beginning after 1997 and before 1999, $1,666.66\2/3\. ``(ii) For purposes of subparagraph (B)(ii)(II), the increase in the exempt amount provided under clause (i)(V) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 1997.''. (b) Conforming Amendment.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if section 2 of the Social Security Benefits Improvement Act of 1993 had not been enacted''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after 1993. SEC. 3. ADJUSTMENT IN RATE OF ACTUARIAL REDUCTION IN AMOUNT OF WIDOW'S AND WIDOWER'S INSURANCE BENEFITS SO AS TO REDUCE MAXIMUM REDUCTIONS TO 25 PERCENT. (a) In General.--Section 202(q)(1)(A) of the Social Security Act (42 U.S.C. 402(q)(1)(A)) is amended by striking ``\19/40\ of 1 percent'' and inserting ``\5/12\ of 1 percent''. (b) Conforming Amendments.-- (1) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is amended by striking ``28.5 percent'' each place it appears and inserting ``25.0 percent''. (2) Section 202(q)(10) of such Act (42 U.S.C. 402(q)(10)) is amended by striking ``\19/40\ of 1 percent'' each place it appears and inserting ``\5/12\ of 1 percent''. (c) Effective Date and Transition Rule.-- (1) Effective date.--The amendments made by this section shall apply with respect to benefits for months after January 1994. (2) Transition rule.--Section 1634 of the Social Security Act (42 U.S.C. 1383c) is amended by adding at the end the following new subsection: ``(e)(1) In the case of any eligible widow or widower (as defined in paragraph (2)) who is entitled to a widow's or widower's insurance benefit under section 202 (e) or (f) for any month but is not eligible for benefits under this title in that month-- ``(A) such eligible widow or widower shall be deemed for purposes of title XIX to be an individual with respect to whom supplemental security income benefits are paid under this title in that month, if he or she would be eligible for such benefits in the month involved if the amount of the increase described in paragraph (2)(B) in his or her widow's or widower's insurance benefits (and any subsequent cost-of-living adjustments in such benefits under section 215(i)) were disregarded, and ``(B) such eligible widow or widower shall be deemed for purposes of title XIX to be an individual with respect to whom State supplementary payments, of the type referred to in section 1616(a) of this Act or in section 212(a) of Public Law 93-66 which are paid by the Secretary under an agreement referred to in such section 1616(a) or in section 212(b) of Public Law 93-66, are paid in that month, if he or she would be eligible for such payments in the month involved if the amount of the increase described in paragraph (2)(B) in his or her widow's or widower's insurance benefits (and any subsequent cost-of-living adjustments in such benefits under section 215(i)) were disregarded. ``(2) For purposes of paragraph (1), the term `eligible widow or widower' means an individual-- ``(A) who is entitled to a widow's or widower's insurance benefit under section 202 (e) or (f) for January 1994 and with respect to whom a benefit under this title was paid in that month, and ``(B) who, because of the increase in the amount of his or her widow's or widower's insurance benefits which results from the amendments made by subsections (a) and (b) of section 3 of the Social Security Benefits Improvement Act of 1993, is not eligible for benefits under this title in the first month in which such increase is paid to him or her (and in which a retroactive payment of such increase for prior months was not made). ``(3) For purposes of this subsection, the term `benefit under this title' means a supplemental security income benefit under this title, and a State supplementary payment of the type referred to in section 1616(a) (or a payment of the type referred to in section 212(a) of Public Law 93-66) which is paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93- 66).''. SEC. 4. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY. (a) Widow's Insurance Benefits.-- (1) In general.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (4)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (4) and (II)''; (C) by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and (D) in paragraph (4)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which her application is filed''. (2) Conforming amendments.-- (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 402(e)(1)(F)(i)) is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking ``paragraph (7)'' and inserting ``paragraph (6)''. (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by striking ``202(e)(4)''. (b) Widower's Insurance Benefits.-- (1) In general.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (5)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (5) and (II)''; (C) by striking paragraph (5) and by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (D) in paragraph (5)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which his application is filed''. (2) Conforming amendments.-- (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 402(f)(1)(F)(i)) is amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 226(e)(1)(A)(i) of such Act (as amended by subsection (a)(2)) is further amended by striking ``, 202(f)(1)(B)(2), and 202(f)(5)'' and inserting ``and 202(f)(1)(B)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for months after August 1993 for which applications are filed or pending on or after September 1, 1993. SEC. 5. INCREASE IN OASDI CONTRIBUTION AND BENEFIT BASE. Section 230(c) of the Social Security Act (42 U.S.C. 430(c)) is amended-- (1) in the first sentence, by striking ``and'' before ``(2)'', by striking the period at the end of subclause (D) of clause (2) and inserting a comma, and by adding at the end, after and below such subclause (D), the following: ``and (3) the `contribution and benefit base' with respect to remuneration paid (and taxable years beginning) in 1994 shall be the contribution and benefit base which would be determined under this section with respect to remuneration paid (and taxable years beginning) in such year if section 5 of the Social Security Benefits Improvement Act of 1993 had not been enacted, plus $2,100.00.''; (2) in the last sentence, by striking ``in 1982 and subsequent years'' and inserting ``in years beginning after 1981 and ending before 1994''; and (3) by adding at the end the following new sentence: ``For purposes of determining under subsection (b) the `contribution and benefit base' with respect to remuneration paid (and taxable years beginning) in 1995 and subsequent years, the contribution and benefit base determined under clause (3) of the first sentence of this subsection shall be considered to have resulted from the application of such subsection (b) and to be the contribution and benefit base determined (with respect to 1994) under that subsection.''.

Social Security Benefits Improvement Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; and (4) increase the OASDI contribution and benefit base beginning in 1994.

{"src": "billsum_train", "title": "Social Security Benefits Improvement Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Infrastructure Power Security and Assurance Incentives Act of 2003''. SEC. 2. FINDINGS. (a) Findings.--Congress finds that-- (1) In order to fortify and protect critical infrastructure systems and facilities like military installations, banks, utilities, and information technology systems from potential terrorist threats and to provide efficient and assured power to such facilities advanced technologies must be encouraged and installed by U.S. electricity providers. (2) Dependence on foreign oil is a matter of national security and the nation must consider all energy resource options, including support for energy efficiency and renewable resources and technologies that will ensure a diverse energy portfolio. (3) Estimates are that power outages, brownouts, and other voltage disturbances cost U.S. industry up to $150 billion per year and cause great disruption to the Nation's economy. (4) Distributed Power systems, such as fuel cells, turbines and hybrid combinations of these technologies, backed up with storage systems, can reduce costly outages, and ensure more assured and secure and reliable power generation and distribution, protected from potential terrorist threats to our national infrastructure. (b) Advanced Technology Incentives Program.--(1) The Secretary of Energy shall establish within the Department of Energy an Advanced Technology Incentives Program to make funding available, subject to annual appropriation, to accelerate the development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies. (2) Advanced technology funding provided under this section shall be used by the Secretary for payments to eligible owners or operators to support efforts to reduce system costs, and improve the performance and reliability of advanced distributed power generation and energy storage systems. Payments made by the Secretary shall be used for the purposes of demonstrating the capability of new technologies to increase power generation through enhanced operational, economic, and environmental performance. (3) Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing that an applicant is eligible to receive such payment as either-- (A) a qualifying advanced technology facility, or (B) a qualifying security and assured power facility (4) Incentive payments made by the Secretary under this section to owners or operators of qualifying advanced technology facilities shall be based on the number of kilowatt hours of electricity generated by the facility through the use of an advanced technology during a 10-year fiscal year period beginning with the fiscal year in which the qualifying facility is first eligible for payment. (5) A payment of 1.8 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying advanced technology facility under this section. An additional 0.7 cents per kilowatt-hour shall be paid to the owner or operator that is also a qualifying security and assured power facility under this section. The amount of the payment made to such qualifying facilities shall be adjusted for inflation for each fiscal year of the program as determined by the Secretary. A facility qualifying under this section shall be eligible for an incentive payment up to, but not to exceed the first 10 million kilowatt-hours produced in any fiscal year. (c) Determination of a Security and Power Facility.--Within six months after the date of enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security, shall-- (1) measure, evaluate and rate security and assurance performance improvement, (2) define the types of locations and facilities that would most need the benefits of the improvements, (3) determine the criteria for facilities that generate or store and distribute electric energy that improves the security, assurance, and reliability of the nation's electricity grid and protects infrastructure including military installations, financial institutions, medical and first responder facilities, and other locations critical to the security of the nation, and (4) report back to the Committee on Energy and Commerce of the United States House of Representatives on ways that incentive payments under this section can accelerate the introduction of technologies capable of providing the maximum level of improvement and benefit to the public. (d) Definitions.--For purposes of this section: (1) Advanced technology.--The term ``advanced technology'' means an advanced fuel cell, turbine, hybrid, or storage system power that is used to generate or store electric energy at or in conjunction with a qualifying advanced technology facility. (2) Qualifying advanced technology facility.--The term ``qualifying advanced technology facility'' means any facility that generates electric energy from a power generation, storage and distribution system. (3) Qualifying security and assured power facility.--The term ``qualifying security and assurance power facility'' means a facility that also generates or stores and distributes electric energy that improves the security and assures the reliability of the nation's electricity infrastructure in locations and facilities determined by the Secretary, in consultation with the Secretary of Homeland Security, to be in critical need of improvement and protection. The facility must substantially reduce electric system vulnerabilities by providing exceedingly secure, reliable, rapidly available, high power quality electric energy to critical governmental, commercial and industrial demand facilities. (e) Authorization of Appropriations.--The following sums are authorized to be apppropriated to carry out the purposes of this section: (1) For fiscal year 2004, $25,000,000. (2) For fiscal year 2005, $50,000,000. (3) For fiscal year 2006, $75,000,000. (4) For fiscal year 2007, $100,000,000.

Homeland Infrastructure Power Security and Assurance Incentives Act of 2003 - Instructs the Secretary of Energy to establish within the Department of Energy an Advanced Technology Incentives Program to provide funding to accelerate development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies. Requires the use of such funding for: (1) eligible owners or operators to support efforts to reduce system costs, and improve the performance and reliability of advanced distributed power generation and energy storage systems; and (2) demonstrating the capability of new technologies to increase power generation through enhanced operational, economic, and environmental performance. Directs the Secretary to: (1) evaluate security and assurance performance improvement; (2) define locations and facilities that would benefit most from such improvements; and (3) determine the criteria for facilities that generate or store and distribute electric energy that improves the security and reliability of the nation's electricity grid and protects locations critical to its security (including military installations, financial institutions, medical and first responder facilities).

{"src": "billsum_train", "title": "To authorize the Secretary of Energy to establish an Advanced Technology Incentives Program to fund the development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies."}

SECTION 1. NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART R--NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE ``SEC. 399Z-1. NATIONAL CENTER FOR BIOTERRORISM PREPAREDNESS AND RESPONSE. ``(a) In General.--There is established within the Centers for Disease Control and Prevention a center to be known as the National Center for Bioterrorism Preparedness and Response (referred to in this section as the `Center') that shall be headed by a director appointed by the Director of the Centers for Disease Control and Prevention. ``(b) Duties.--The Director of the Center shall-- ``(1) administer grants to State and local public health entities, such as health departments, academic institutions, and other public health partners to upgrade public health core capacities, including-- ``(A) improving surveillance and epidemiology; ``(B) increasing the speed of laboratory diagnosis; ``(C) ensuring a well-trained public health workforce; and ``(D) providing timely, secure communications and information systems (such as the Health Alert Network); ``(2) maintain, manage, and in a public health emergency deploy, the National Pharmaceutical Stockpile administered by the Centers for Disease Control; ``(3) ensure that all States have functional plans in place for effective management and use of the National Pharmaceutical Stockpile should it be deployed; ``(4) establish, in consultation with the Department of Justice, the Department of Energy, and the Department of Defense, a list of biological, chemical, and radiological agents and toxins that could pose a severe threat to public health and safety; ``(5) at least every 6 months review, and if necessary revise, in consultation with the Department of Justice, the Department of Energy, and the Department of Defense, the list established in paragraph (4); ``(6) regulate and track the agents and toxins listed pursuant to paragraph (4) by-- ``(A) in consultation and coordination with the Department of Justice, the Department of Energy, and the Department of Defense-- ``(i) establishing procedures for access to listed agents and toxins, including a screening protocol to ensure that individual access to listed agents and toxins is limited; and ``(ii) establishing safety standards and procedures for the possession, use, and transfer of listed agents and toxins, including reasonable security requirements for persons possessing, using, or transferring listed agents, so as to protect public health and safety; and ``(B) requiring registration for the possession, use, and transfer of listed agents and toxins and maintaining a national database of the location of such agents and toxins; and ``(7) train, prepare, and equip bioterrorism emergency response teams, composed of members of the Epidemic Intelligence Service, who will be dispatched immediately in the event of a suspected terrorist attack involving biological, chemical, or radiological weapons; ``(8) expand and improve the Laboratory Response Network; ``(9) organize and carry out simulation exercises with respect to terrorist attacks involving biological, chemical, or radiological weapons, in coordination with State and local governments for the purpose of assessing preparedness; ``(10) develop and implement disease surveillance measures, including a nationwide electronic network linking doctors, hospitals, public health departments, and the Centers for Disease Control and Prevention, for the early detection, identification, collection, and monitoring of terrorist attacks involving biological, chemical, or radiological weapons; ``(11) develop response plans for all conceivable contingencies involving terrorist attacks with biological, chemical, or radiological weapons, that specify protocols of communication and coordination between Federal, State, and local actors, as well as between different Federal actors, and ensure that resources required to carry out the plans are obtained and put into place; and ``(12) perform any other relevant responsibilities the Secretary deems appropriate. ``(c) Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, on the date described in paragraph (4), each program and function described in paragraph (3) shall be transferred to, and administered by the Center. ``(2) Related transfers.--Personnel employed in connection with the programs and functions described in paragraph (3), and amounts available for carrying out such programs and functions shall be transferred to the Center. Such transfer of amounts does not affect the availability of the amounts with respect to the purposes for which the amounts may be expended. ``(3) Programs and functions described.--The programs and functions described in this paragraph are all programs and functions that-- ``(A) relate to bioterrorism preparedness and response; and ``(B) were previously dispersed among the various centers that comprise the Centers for Disease Control and Prevention. ``(4) Date described.--The date described in this paragraph is the date that is 180 days after the date of enactment of this section.''.

Amends the Public Health Service Act to establish within the Centers for Disease Control and Prevention a National Center for Bioterrorism Preparedness and Response.Requires the Director of such Center to: (1) administer grants to State and local public health entities to upgrade public health core capacities including surveillance, epidemiology, laboratory diagnosis, the workforce, and information systems; (2) manage and deploy when necessary the National Pharmaceutical Stockpile; (3) ensure States have Stockpile use plans; (4) establish and revise a list of biological, chemical, and radiological agents and toxins that could pose a severe threat to public health and safety; (5) regulate and track listed agents and toxins; (6) train and equip bioterrorism emergency response teams; (7) expand and improve the Laboratory Response Network; (8) organize and carry out simulation exercises; (9) develop and implement disease surveillance measures which include a nationwide electronic network; and (10) develop contingency response plans.

{"src": "billsum_train", "title": "A bill to amend the Public Health Act to create a Center for Bioterrorism Preparedness within the Centers for Disease Control and Prevention."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fugitive Apprehension Assistance Act of 2005''. SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES. (a) In General.--Chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1075. Administrative subpoenas to apprehend fugitives ``(a) Definitions.--In this section: ``(1) Fugitive.--The term `fugitive', inter alia, means a person who-- ``(A) having been accused of committing a felony by complaint, information, or indictment under Federal law or having been convicted of committing a felony under Federal law, flees or attempts to flee from or evades or attempts to evade the jurisdiction of the court with jurisdiction over the felony; ``(B) having been accused of committing a felony by complaint, information, or indictment under State law or having been convicted of committing a felony under State law, flees or attempts to flee from, or evades or attempts to evade, the jurisdiction of the court with jurisdiction over the felony; ``(C) escapes from lawful Federal or State custody after having been accused by complaint, information, or indictment or having been convicted of committing a felony under Federal or State law; or ``(D) is in violation of subparagraph (2) or (3) of the first undesignated paragraph of section 1073. ``(2) Investigation.--The term `investigation' means, with respect to a State fugitive described in subparagraph (B) or (C) in paragraph (1), an investigation in which there is reason to believe that the fugitive fled from or evaded, or attempted to flee from or evade, the jurisdiction of the court, or escaped from custody, in or affecting, or using any facility of, interstate or foreign commerce, or as to whom an appropriate law enforcement officer or official of a State or political subdivision has requested the Attorney General to assist in the investigation, and the Attorney General finds that the particular circumstances of the request give rise to a Federal interest sufficient for the exercise of Federal jurisdiction pursuant to section 1075. ``(3) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(b) Subpoenas and Witnesses.-- ``(1) Subpoenas.--In any investigation with respect to the apprehension of a fugitive, the Attorney General may subpoena witnesses for the purpose of the production of any records (including books, papers, documents, electronic data, and other tangible and intangible items that constitute or contain evidence) that the Attorney General finds, based on articulable facts, are relevant to discerning the whereabouts of the fugitive. A subpoena under this subsection shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available: Provided, however, That procedures other than subpoenas shall be used to obtain documents and information from Federal agencies. ``(2) Witnesses.--The attendance of witnesses and the production of records may be required from any place in any State or other place subject to the jurisdiction of the United States at any designated place where the witness was served with a subpoena, except that a witness shall not be required to appear more than 500 miles distant from the person's residence or from the place where the witness was served. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(3) Prohibitions.--Nothing in this section shall require the attendance of witnesses or the production of records whose attendance or production is otherwise prohibited by law. ``(c) Service.-- ``(1) Agent.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. ``(2) Natural person.--Service upon a natural person may be made by personal delivery of the subpoena to that person or by certified mail with return receipt requested. ``(3) Corporation.--Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. ``(4) Affidavit.--The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service. ``(d) Contumacy or Refusal.-- ``(1) In general.--In the case of the contumacy by or refusal to obey a subpoena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction in which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Attorney General to produce records if so ordered. ``(2) Contempt.--Any failure to obey the order of the court may be punishable by the court as contempt thereof. ``(3) Process.--All process in any case to enforce an order under this subsection may be served in any judicial district in which the person may be found. ``(4) Rights of subpoena recipient.--Not later than 20 days after the date of service of an administrative subpoena under this section upon any person, or 10 days before the return date specified in the subpoena, whichever period is shorter, such person may file, in the district within which such person resides, is found, or transacts business, a petition to modify or quash such subpoena on grounds that-- ``(A) the terms of the subpoena are unreasonable or unnecessary; ``(B) the subpoena fails to meet the requirements of this section; or ``(C) The subpoena violates the constitutional rights or any other legal rights or privilege of the subpoenaed party. ``(e) Guidelines.-- ``(1) In general.--The Attorney General shall issue guidelines governing the issuance of administrative subpoenas pursuant to this section. ``(2) Review.--The guidelines required by this subsection shall mandate that administrative subpoenas may be issued only after review and approval of senior supervisory personnel, as determined by the Attorney General, of the relevant component of the Department of Justice, as the case may be. ``(f) Delayed Notice.-- ``(1) In general.--Where an administrative subpoena is issued under this section to a provider of electronic communication service, (as defined in section 2510 of this title) or remote computing service (as defined in section 2711 of this title), the Attorney General may-- ``(A) In accordance with section 2705(a) of this title, delay notification to the subscriber or customer to whom the record pertains; and ``(B) apply to a court, in accordance with section 2705(b) of this title for an order commanding the provider of electronic communication service or remote computing service not to notify any other person of the existence of the subpoena or court order. ``(2) Subpoenas for financial records.--If a subpoena is issued under this section to a financial institution for financial records of any customer of such institution, the Attorney General may apply to a court under section 1109 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an order to delay customer notice as otherwise required. ``(3) Nondisclosure requirements.-- ``(A) In general.--Except as otherwise provided in paragraphs (1) and (2), the court may require the party to whom an administrative subpoena is directed to refrain from notifying any other party or person of the existence of the subpoena for 30 days. ``(B) Extension.--The Attorney General may apply to a court for an order extending the time for such period as the court deems appropriate. ``(C) Criteria for extension.--The court shall enter an order under paragraph (2) if it determines that there is reason to believe that notification of the existence of the administrative subpoena will result in-- ``(i) endangering the life or physical safety of an individual; ``(ii) flight from prosecution or custody or confinement after conviction; ``(iii) destruction or tampering with evidence; ``(iv) intimidation of potential witnesses; or ``(v) otherwise seriously jeopardizing an investigation or undue delay in trial. ``(g) Immunity From Civil Liability.--Any person including officers, agents, and employees, who in good faith produce the records or items required in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer, in compliance with the terms of a court order for nondisclosure.''. (b) Technical and Conforming Amendment.--The analysis for chapter 49 of title 18, United States Code, is amended by adding at the end of the following: ``1075. Administrative subpoenas to apprehend fugitives.''.

Fugitive Apprehension Assistance Act of 2005 - Amends the federal criminal code to authorize the Attorney General, in any investigation with respect to the apprehension of a fugitive, to subpoena witnesses for the production of records that are relevant to discerning the fugitive's whereabouts. Authorizes requiring the attendance of witnesses and the production of records from any place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles from the person's residence or the place where the witness was served. Sets forth provisions regarding: (1) service of process to natural persons and corporations; (2) subpoena enforcement; and (3) the rights of subpoena recipients. Directs the Attorney General to issue guidelines governing the issuance of administrative subpoenas. Authorizes: (1) the Attorney General, where a subpoena is issued to a provider of electronic communication service or remote computing service or to a financial institution for financial records, to delay notice to the subscriber or customer to whom the records pertain if the court determines that there is reason to believe that notification of the subpoena's existence may have an adverse result; and (2) the court to require the party to whom the subpoena is directed to refrain from notifying any other party of the subpoena's existence for 30 days (with extensions under specified circumstances). Grants immunity from civil liability for good faith compliance with the terms of a court order for the production of records or for nondisclosure to the customer.

{"src": "billsum_train", "title": "To provide administrative subpoena authority to apprehend fugitives."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responder Anthrax Preparedness Act''. SEC. 2. VOLUNTARY PRE-EVENT ANTHRAX VACCINATION PILOT PROGRAM FOR EMERGENCY RESPONSE PROVIDERS. (a) Pilot Program.-- (1) Establishment.--The Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall carry out a pilot program to provide eligible anthrax vaccines from the Strategic National Stockpile under section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-6b(a)) that will be nearing the end of their labeled dates of use at the time such vaccines are made available to States for administration to emergency response providers who would be at high risk of exposure to anthrax if such an attack should occur and who voluntarily consent to such administration. (2) Determination.--The Secretary of Health and Human Services shall determine whether an anthrax vaccine is eligible to be provided to the Secretary of Homeland Security for the pilot program described in paragraph (1) based on-- (A) a determination that the vaccine is not otherwise allotted for other purposes; (B) a determination that the provision of the vaccine will not reduce, or otherwise adversely affect, the capability to meet projected requirements for this product during a public health emergency, including a significant reduction of available quantities of vaccine in the Strategic National Stockpile; and (C) such other considerations as determined appropriate by the Secretary of Health and Human Services. (3) Preliminary requirements.--Before implementing the pilot program required under this subsection, the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall-- (A) establish a communication platform for the pilot program; (B) develop and deliver education and training for the pilot program; (C) conduct economic analysis of the pilot program, including a preliminary estimate of total costs and expected benefits; (D) create a logistical platform for the anthrax vaccine request process under the pilot program; (E) establish goals and desired outcomes for the pilot program; and (F) establish a mechanism to reimburse the Secretary of Health and Human Services for-- (i) the costs of shipment and transportation of such vaccines provided to the Secretary of Homeland Security from the Strategic National Stockpile under such pilot program, including staff time directly supporting such shipment and transportation; and (ii) the amount, if any, by which the warehousing costs of the Strategic National Stockpile are increased in order to operate such pilot program. (4) Location.-- (A) In general.--In carrying out the pilot program required under this subsection, the Secretary of Homeland Security shall select not fewer than 2 nor more than 5 States for voluntary participation in the pilot program. (B) Requirement.--Each State that participates in the pilot program under this subsection shall ensure that such participation is consistent with the All-Hazards Public Health Emergency Preparedness and Response Plan of the State developed under section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a). (5) Guidance for selection.--To ensure that participation in the pilot program under this subsection strategically increases State and local response readiness in the event of an anthrax release, the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall provide guidance to participating States and units of local government on identifying emergency response providers who are at high risk of exposure to anthrax. (6) Distribution of information.--The Secretary of Homeland Security shall require that each State that participates in the pilot program under this subsection submit a written certification to the Secretary of Homeland Security stating that each emergency response provider within the State that participates in the pilot program is provided with disclosures and educational materials designated by the Secretary of Health and Human Services, which may include-- (A) materials regarding the associated benefits and risks of any vaccine provided under the pilot program, and of exposure to anthrax; (B) additional material consistent with the Centers for Disease Control and Prevention's clinical guidance; and (C) notice that the Federal Government is not obligated to continue providing anthrax vaccine after the date on which the pilot program ends. (7) Memorandum of understanding.--Before implementing the pilot program under this subsection, the Secretary of Homeland Security shall enter into a memorandum of understanding with the Secretary of Health and Human Services to-- (A) define the roles and responsibilities of each Department for the pilot program; and (B) establish other performance metrics and policies for the pilot program, as appropriate. (8) Report.-- (A) In general.--Notwithstanding subsection (c), not later than 1 year after the date on which the initial vaccines are administered under this section, and annually thereafter until 1 year after the completion of the pilot program under this section, the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall submit to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the progress and results of the pilot program, including-- (i) a detailed tabulation of the costs to administer the program, including-- (I) total costs for management and administration; (II) total costs to ship vaccines; (III) total number of full-time equivalents allocated to the program; and (IV) total costs to the Strategic National Stockpile; (ii) the number and percentage of eligible emergency response providers, as determined by each pilot location, that volunteer to participate; (iii) the degree to which participants complete the vaccine regimen; (iv) the total number of doses of vaccine administered; and (v) recommendations to improve initial and recurrent participation in the pilot program. (B) Final report.--The final report required under subparagraph (A) shall-- (i) consider whether the pilot program required under this subsection should continue after the date described in subsection (c); and (ii) include-- (I) an analysis of the costs and benefits of continuing the program to provide anthrax vaccines to emergency response providers; (II) an explanation of the economic, health, and other risks and benefits of administering vaccines through the pilot program rather than post-event treatment; and (III) in the case of a recommendation under clause (i) to continue the pilot program after the date described in subsection (c), a plan under which the pilot program could be continued. (b) Deadline for Implementation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall begin implementing the pilot program under this section. (c) Sunset.--The authority to carry out the pilot program under this section shall expire on the date that is 5 years after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on November 16, 2016. First Responder Anthrax Preparedness Act (Sec. 2) This bill requires the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), to carry out a pilot program to provide eligible anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile to emergency response providers who would be at high risk of exposure to anthrax if an attack should occur and who voluntarily consent. HHS shall determine whether an anthrax vaccine is eligible to be provided to DHS for the program based on determinations that: (1) the vaccine is not otherwise allotted for other purposes; and (2) the provision of the vaccine will not reduce or otherwise adversely affect the capability to meet projected requirements for such product during a public health emergency. DHS shall establish a communication platform, develop and deliver education and training, conduct an economic analysis, create a logistical platform, establish goals and desired outcomes for the program, and establish a mechanism to reimburse HHS for the costs of shipment and transportation of such vaccines provided to DHS under such program and the amount by which the warehousing costs of the stockpile are increased in order to operate such program. DHS must: (1) select between two and five states for voluntary participation in the program; (2) provide guidance to participating states and local governments on identifying providers who are at high risk of exposure; and (3) require each participating state to submit a written certification that each participating emergency response provider is provided with disclosures and educational materials regarding the associated benefits and risks of any vaccine provided and of exposure to anthrax, additional material consistent with the Centers for Disease Control and Prevention's clinical guidance, and notice that the federal government is not obligated to continue providing anthrax vaccine after the program ends. Each state that participates in the program shall ensure that such participation is consistent with the state's All-Hazards Public Health Emergency Preparedness and Response Plan. DHS shall enter into a memorandum of understanding with HHS to: (1) define each department's roles and responsibilities, and (2) establish appropriate performance metrics and policies for the program. DHS must submit annual reports on program progress and results, which shall include the costs to administer the program, the number and percentage of eligible providers that volunteer to participate, the degree to which participants complete the vaccine regimen, the total number of doses of vaccine administered, and recommendations to improve participation. The final report shall consider whether the program should continue beyond five years after enactment of this bill and shall include: (1) an analysis of the costs and benefits of continuing the program; (2) an explanation of the economic, health, and other risks and benefits of administering vaccines through the program rather than post-event treatment; and (3) a plan under which the program could be continued.

{"src": "billsum_train", "title": "First Responder Anthrax Preparedness Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paleontological Resources Preservation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non- commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms ``reasonable amount'', ``common invertebrate and plant paleontological resources'' and ``negligible disturbance'' shall be determined by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands controlled or administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands controlled or administered by the Secretary of the Interior, except Indian lands; or (B) National Forest System lands controlled or administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Land'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)). SEC. 3. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this Act. SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this Act, a paleontological resource may not be collected from Federal lands without a permit issued under this Act by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal lands and this Act. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the applicant is qualified to carry out the permitted activity; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 7 or is assessed a civil penalty under section 8. (e) Area Closures.--In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources. SEC. 6. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this Act; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this Act; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.--A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this Act. SEC. 8. CIVIL PENALTIES. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this Act, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.-- (1) Judicial review.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole. (2) Failure to pay.--If any person fails to pay a penalty under this section within 30 days-- (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of rewards as provided in section 9. SEC. 9. REWARDS AND FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 7 or 8-- (1) consistent with amounts established in regulations by the Secretary; or (2) if no such regulation exists, an amount equal to the lesser of one-half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No 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 official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 7 or 8 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this Act, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this Act. (c) Transfer of Seized Resources.--The Secretary may transfer administration of seized paleontological resources to Federal or non- Federal educational institutions to be used for scientific or educational purposes. SEC. 10. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would-- (1) further the purposes of this Act; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 11. REGULATIONS. As soon as practical after the date of the enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. SEC. 12. SAVINGS PROVISIONS. Nothing in this Act shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), Public Law 94-429 (commonly known as the ``Mining in the Parks Act'') (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal lands; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Paleontological Resources Preservation Act - (Sec. 3) Directs the the Secretary of the Interior or the Secretary of Agriculture, as appropriate, to: (1) manage and protect paleontological resources on federal land, using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources. (Sec. 4) Directs the Secretary to establish a program to increase public awareness about such resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from federal land without a permit issued under this Act. Authorizes the Secretary to allow casual collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal uses without a permit on certain federal lands. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretary may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretary to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretary may enter into agreements with non-federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) evacuating, removing, or altering a paleontological resource located on federal lands, except in accordance with this Act; (2) exchanging or receiving a paleontological resource, or selling or purchasing a paleontological resource, if the person knew or should have known such resource was illegally removed from federal lands; or (3) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretary for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretary to pay a reward from penalties collected under this Act to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Subjects to civil or, as appropriate, criminal forfeiture all paleontological resources with respect to which a violation occurred and all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretary to issue such regulations as are appropriate to carry out this Act. (Sec. 13) Authorizes appropriations.

{"src": "billsum_train", "title": "To provide for the protection of paleontological resources on Federal lands, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Prevent Infant Mortality Reauthorization Act of 1993''. SEC. 2. REFERENCES. A reference in this Act to ``the Act'' shall be a reference to the National Commission to Prevent Infant Mortality Act of 1986 (42 U.S.C. 285g note; Public Law 99-660; 100 Stat. 3752). SEC. 3. FINDINGS. The Congress finds that-- (1) infant mortality is largely preventable with early, regular, and comprehensive prenatal care, good nutrition, healthy behaviors during pregnancy, and preventive well baby care; (2) while the United States' infant mortality rate is slowly improving, the Nation still lags behind most other developed nations, and the advances that are being made continue to be due mostly to improved technology that saves low birthweight and otherwise at-risk newborns rather than making sure all babies are born as healthy as possible in the first place; (3) children born at low birthweight and otherwise at-risk not only are more likely to die, but also are much more likely to suffer long-term disabilities and require costly medical interventions, special education, and other services; (4) in 1988, the National Commission to Prevent Infant Mortality developed a strategic national plan to reduce infant mortality, and submitted such plan to the Congress and the President in a report entitled ``Death Before Life: The Tragedy of Infant Mortality''; (5) the report's many recommendations centered on fundamental solutions to the problem of infant mortality that have existed for decades, including recommendations that all pregnant women and infants must have universal access to the range of necessary services, and that the health and well-being of mothers and children must become a high national priority; (6) since issuing such report, the Commission has continued to promote specific actions, based on the report's recommendations, for Congress and all sectors of society to take to improve the health and well-being of all infants, children, and pregnant women; (7) despite considerable effort and success by many throughout the Nation to improve the accessibility of services and to raise awareness about healthy behaviors, numerous financial and nonfinancial barriers still exist in the service delivery system, the public continues to lack the information and often motivation needed to make healthy choices, and the infant mortality rate, low birthweight rate, and other indicators continue to be far too high; and (8) to help assure that the Nation reaches the goal of universal access to care and that the health and well-being of all infants, children, and pregnant women becomes a high national priority, the need for the Commission continues. SEC. 4. COMPOSITION OF COMMISSION. Section 203(b) of the Act is amended-- (1) in the matter preceding paragraph (1) by striking out ``fifteen members'' and inserting in lieu thereof ``sixteen members''; (2) in paragraph (3) in the second sentence-- (A) by inserting ``directly'' before ``responsible for administering the State medicaid program''; and (B) by inserting ``directly'' before ``responsible for administering the State maternal and child health programs''; and (3) in paragraph (6) by striking out ``Six at large members'' and inserting in lieu thereof ``Seven at large members''. SEC. 5. DUTIES OF THE COMMISSION. Section 204 of the Act is amended to read as follows: ``SEC. 204. DUTIES OF THE COMMISSION. ``The Commission shall-- ``(1) develop strategic plans to initiate and stimulate action on the recommendations in the report submitted by the Commission to the Congress and President in 1988 entitled, ``Death Before Life: The Tragedy of Infant Mortality''; ``(2) inform the Congress and others, through reports, conferences, briefings, public information campaigns, and other means of the specific actions that can be taken to improve the health and well-being of pregnant women, infants, and children; ``(3) serve as an information clearinghouse for the Congress and other interested parties on domestic and international model programs and cost effective strategies for-- ``(A) improving the health and well-being of pregnant women and children in the areas of Federal and State legislation and program administration; and ``(B) organizing and delivering local services, raising public awareness, and conducting outreach to populations in need; ``(4) annually report and make recommendations on the demographic and related trends concerning the health of pregnant women, infants, and children to the Congress and the President; and ``(5) establish working relationships and networking linkages with organizations and other entities within and outside the Federal Government to promote the health and well- being of pregnant women, infants, and children.''. SEC. 6. POWERS OF THE COMMISSION. Section 205 of the Act is amended by redesignating subsection (d) as subsection (f) and inserting after subsection (c) the following new subsections: ``(d) Grants.--To carry out its activities, the Commission may accept and expend private sector funds from corporations, nonprofit foundations, or individuals. The Commission may also accept and expend interagency transfer funds from agencies of the United States Government. The Commission shall report all grant raising, acceptance, and expending activities and the amount of all funds related to such activities to the Appropriations Committees of the Senate and the House of Representatives on an annual basis. ``(e) Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept voluntary and uncompensated services.''. SEC. 7. COMMISSION STAFF. Section 206 of the Act is amended-- (1) in subsection (b) by striking out ``the rate payable for GS-18 of the General Schedule under section 5332 of such title'' and inserting in lieu thereof ``the rate payable for a position at level IV of the Executive Schedule under section 5315 of such title''; and (2) in subsection (d) by striking out ``the daily rate payable for GS-18 of the General Schedule under section 5332 of such title'' and inserting in lieu thereof ``the daily rate payable for a position at level IV of the Executive Schedule under section 5315 of such title''. SEC. 8. REAUTHORIZATION OF COMMISSION. Sections 208 and 209 of the Act are amended to read as follows: ``SEC. 208. TERMINATION OF THE COMMISSION. ``The Commission shall terminate on December 31, 1997. ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Commission $480,000 in fiscal year 1995, $480,000 in fiscal year 1996, and $600,000 in fiscal year 1997. Sums appropriated pursuant to this section shall remain available through December 31, 1997.''. SEC. 9. TECHNICAL AND CONFORMING AMENDMENT. The matter under the heading ``national commission to prevent infant mortality'' under title IV of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1989 (Public Law 100-436; 102 Stat. 1709) is amended by striking out the second and third sentences.

National Commission to Prevent Infant Mortality Reauthorization Act of 1993 - Amends the National Commission to Prevent Infant Mortality Act of 1986 to: (1) reauthorize and extend the National Commission to Prevent Infant Mortality (Commission); and (2) make changes regarding Commission duties, powers, and staff.

{"src": "billsum_train", "title": "National Commission to Prevent Infant Mortality Reauthorization Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Soldier Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the September 7, 2005, report to the General Assembly of the United Nations by the Special Representative of the Secretary-General for Children and Armed Conflict, ``In the last decade, two million children have been killed in situations of armed conflict, while six million children have been permanently disabled or injured. Over 250,000 children continue to be exploited as child soldiers and tens of thousands of girls are being subjected to rape and other forms of sexual violence.''. (2) According to the Center for Emerging Threats and Opportunities (CETO), Marine Corps Warfighting Laboratory, ``The Child Soldier Phenomenon has become a post-Cold War epidemic that has proliferated to every continent with the exception of Antarctica and Australia.''. (3) Many of the children currently serving in armed forces or paramilitaries were forcibly conscripted through kidnapping or coercion, a form of human trafficking, while others joined military units due to economic necessity, to avenge the loss of a family member, or for their own personal safety. (4) Some military and militia commanders force child soldiers to commit gruesome acts of ritual killings or torture, including acts of violence against other children. (5) Many female child soldiers face the additional psychological and physical horrors of rape and sexual abuse, enslavement for sexual purposes by militia commanders, and severe social stigma should they return home. (6) Some military and militia commanders target children for recruitment because of their psychological immaturity and vulnerability to manipulation and indoctrination. Children are often separated from their families in order to foster dependence on military units and leaders. Consequently, many of these children suffer from deep trauma and are in need of psychological counseling and rehabilitation. (7) Child soldiers are exposed to hazardous conditions and are at risk of physical injury and disability, psychological trauma, sexually transmitted diseases, respiratory and skin infections, and often death. (8) On May 25, 2000, the United Nations adopted and opened for signature, ratification, and accession the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (in this Act referred to as the ``Optional Protocol''), which establishes 18 as the minimum age for conscription or forced recruitment and requires states party to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities. (9) On June 18, 2002, the Senate unanimously approved the resolution advising and consenting to the ratification of the Optional Protocol. (10) On December 23, 2002, the United States presented the ratified optional protocol to the United Nations. (11) More than 110 governments worldwide have ratified the optional protocol, establishing a clear international norm concerning the use of children in combat. (12) On December 2, 1999, the United States ratified International Labour Convention 182, the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which includes the use of child soldiers among the worst forms of child labor. (13) On October 7, 2005, the Senate gave its advice and consent to the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. (14) It is in the national security interest of the United States to reduce the chances that members of the United States Armed Forces will be forced to encounter children in combat situations. (15) Section 502B(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise''. SEC. 3. CHILD SOLDIER DEFINED. In this Act, consistent with the provisions of the Optional Protocol, the term ``child soldier''-- (1) means-- (A) any person under age 18 who takes a direct part in hostilities as a member of governmental armed forces; (B) any person under age 18 who has been compulsorily recruited into governmental armed forces; (C) any person under age 16 voluntarily recruited into governmental armed forces; and (D) any person under age 18 recruited or used in hostilities by armed forces distinct from the armed forces of a state; and (2) includes any person described in subparagraphs (B), (C), and (D) of paragraph (1) who is serving in any capacity, including in a support role such as a cook, porter, messenger, medic, guard, or sex slave. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress-- (1) to condemn the conscription, forced recruitment or use of children by governments, paramilitaries, or other organizations in hostilities; (2) that the United States Government should support and, where practicable, lead efforts to establish and uphold international standards designed to end this abuse of human rights; (3) that the United States Government should expand ongoing services to rehabilitate recovered child soldiers and to reintegrate them back into their communities by-- (A) offering ongoing psychological services to help victims recover from their trauma and relearn how to deal with others in nonviolent ways such that they are no longer a danger to their community; (B) facilitating reconciliation with their communities through negotiations with traditional leaders and elders to enable recovered abductees to resume normal lives in their communities; and (C) providing educational and vocational assistance; (4) that the United States should work with the international community, including, where appropriate, third country governments, nongovernmental organizations, faith-based organizations, United Nations agencies, local governments, labor unions, and private enterprise-- (A) on efforts to bring to justice rebel organizations that kidnap children for use as child soldiers, including the Lord's Resistance Army (LRA) in Uganda, Fuerzas Armadas Revolucionarias de Colombia (FARC), and Liberation Tigers of Tamil Eelam (LTTE), including, where feasible, by arresting the leaders of such groups; and (B) on efforts to recover those children who have been abducted and to assist them in their rehabilitation and reintegration into communities; (5) that the Secretary of State, the Secretary of Labor, and the Secretary of Defense should coordinate programs to achieve the goals specified in paragraph (3), and in countries where the use of child soldiers is an issue, whether or not it is supported or sanctioned by the governments of such countries, United States diplomatic missions should include in their mission program plans a strategy to achieve the goals specified in such paragraph; (6) that United States diplomatic missions in countries in which governments use or tolerate child soldiers should develop, as part of annual program planning, strategies to promote efforts to end this abuse of human rights; and (7) that, in allocating or recommending the allocation of funds or recommending candidates for programs and grants funded by the United States Government, United States diplomatic missions should give particular consideration to those programs and candidates deemed to promote the end to this abuse of human rights. SEC. 5. PROHIBITION. (a) In General.--Subject to subsections (b), (c), and (d), none of the funds appropriated or otherwise made available for international military education and training, foreign military financing, foreign military sales, direct commercial sales, or excess defense articles by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102) or any other Act making appropriations for foreign operations, export financing, and related programs may be obligated or otherwise made available to the government of a country that is clearly identified by the Department of State in the Department of State's most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (b) Notification to Countries in Violation of the Standards of This Act.--The Secretary of State shall formally notify any government identified pursuant to subsection (a). (c) National Interest Waiver.-- (1) Waiver.--The President may waive the application to a country of the prohibition in subsection (a) if the President determines that such waiver is in the interest of the United States. (2) Publication and notification.--The President shall publish each waiver granted under paragraph (1) in the Federal Register and shall notify the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives of each such waiver, including the justification for the waiver, in accordance with the regular notification procedures of such Committees. (d) Reinstatement of Assistance.--The President may provide to a country assistance otherwise prohibited under subsection (a) upon certifying to Congress that the government of such country-- (1) has implemented effective measures to come into compliance with the standards of this Act; and (2) has implemented effective policies and mechanisms to prohibit and prevent future use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers. (e) Exception for Programs Directly Related to Addressing the Problem of Child Soldiers or Professionalization of the Military.-- (1) In general.--The President may provide to a country assistance for international military education and training otherwise prohibited under subsection (a) upon certifying to Congress that-- (A) the government of such country is implementing effective measures to demobilize child soldiers in its forces or in government supported paramilitaries and to provide demobilization, rehabilitation, and reintegration assistance to those former child soldiers; and (B) the assistance provided by the United States Government to the government of such country will go to programs that will directly support professionalization of the military. (2) Limitation.--The exception under paragraph (1) may not remain in effect for more than 2 years following the date of notification specified in subsection (b). SEC. 6. REPORTS. (a) Preparation of Reports Regarding Child Soldiers.--United States missions abroad shall thoroughly investigate reports of the use of child soldiers. (b) Information for Annual Human Rights Reports.--In preparing those portions of the Human Rights Reports that relate to child soldiers, the Secretary of State shall ensure that such reports shall include a description of the use of child soldiers in each foreign country, including-- (1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and (2) the role of the government of such country in engaging in or tolerating the use of child soldiers. (c) Inclusion of Information on Violations.--When the Secretary of State determines that a government has violated the standards of this Act, the Secretary shall clearly indicate that fact in the relevant Annual Human Rights Report. (d) Letter to Congress.--Not later than June 15 of each year for 10 years following the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives-- (1) a list of the countries receiving notification that they are in violation of the standards of this Act; (2) a list of any waivers or exceptions exercised under this Act; (3) justification for those waivers and exceptions; and (4) a description of any assistance provided pursuant to this Act. SEC. 7. REPORT ON IMPLEMENTATION OF ACT. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report setting forth a strategy for achieving the policy objectives of this Act, including a description of an effective mechanism for coordination of United States Government efforts to implement this strategy. SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: ``(c) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided after January 1, 2008, for officers of the Service, including chiefs of mission, instruction on matters related to child soldiers and the substance of the Child Soldier Prevention Act of 2007.''. SEC. 9. EFFECTIVE DATE; APPLICABILITY. This Act shall take effect 180 days after the date of the enactment of this Act and shall apply to funds obligated after such effective date.

Child Soldier Prevention Act of 2007 - Defines "child soldier." Prohibits, with a national interest waiver, funds appropriated or otherwise made available for specified military and related areas from being obligated or otherwise made available to the government of a country identified by the Department of State as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. Directs the Secretary of State to notify any government so identified. Authorizes the President to reinstate assistance upon certifying to Congress that a government is implementing: (1) compliance measures; and (2) mechanisms to prohibit future use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers. Authorizes the President to provide assistance to a country for international military education and training otherwise prohibited under this Act upon certifying to Congress that such assistance is for programs that implement measures to demobilize child soldiers and for programs to support professionalization of the military.

{"src": "billsum_train", "title": "To end the use of child soldiers in hostilities around the world, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Offsets Disclosure Act of 1999''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--Congress makes the following findings: (1) A fair business environment is necessary to advance international trade, economic stability, and development worldwide, is beneficial for American workers and businesses, and is in the United States national interest. (2) In some cases, mandated offset requirements can cause economic distortions in international defense trade and undermine fairness and competitiveness, and may cause particular harm to small- and medium-sized businesses. (3) The use of offsets may lead to increasing dependence on foreign suppliers for the production of United States weapons systems. (4) The offset demands required by some purchasing countries, including some close allies of the United States, equal or exceed the value of the base contract they are intended to offset, mitigating much of the potential economic benefit of the exports. (5) Offset demands often unduly distort the prices of defense contracts. (6) In some cases, United States contractors are required to provide indirect offsets which can negatively impact nondefense industrial sectors. (7) Unilateral efforts by the United States to prohibit offsets may be impractical in the current era of globalization and would severely hinder the competitiveness of the United States defense industry in the global market. (8) The development of global standards to manage and restrict demands for offsets would enhance United States efforts to mitigate the negative impact of offsets. (b) Declaration of Policy.--It is the policy of the United States to develop a system for monitoring the use of offsets in international defense trade, to promote fairness in such trade, and to ensure that foreign participation in the production of United States weapons systems does not harm the economy of the United States. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the executive branch should pursue efforts to address trade fairness by establishing reasonable, business-friendly standards for the use of offsets in international business transactions between the United States and its trading partners and competitors; (2) the Secretary of State, the Secretary of Commerce, and the United States Trade Representative, or their designees, should raise with other industrialized nations at every suitable venue the need for transparency and reasonable standards to govern the role of offsets in international defense trade; and (3) the United States Government should enter into discussions regarding the establishment of multilateral standards for the use of offsets in international defense trade through the appropriate multilateral fora, including such organizations as the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World Trade Organization. SEC. 4. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on International Relations of the House of Representatives. (2) G-8.--The term ``G-8'' means the group consisting of France, Germany, Japan, the United Kingdom, the United States, Canada, Italy, and Russia established to facilitate economic cooperation among the eight major economic powers. (3) Offset.--The term ``offset'' means the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services, including benefits such as coproduction, licensed production, subcontracting, technology transfer, in- country procurement, marketing and financial assistance, and joint ventures. (4) Transatlantic economic partnership.--The term ``Transatlantic Economic Partnership'' means the joint commitment made by the United States and the European Union to reinforce their close relationship through an initiative involving the intensification and extension of multilateral and bilateral cooperation and common actions in the areas of trade and investment. (5) Wassenaar arrangement.--The term ``Wassenaar Arrangement'' means the multilateral export control regime in which the United States participates that seeks to promote transparency and responsibility with regard to transfers of conventional armaments and sensitive dual-use items. (6) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (7) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. SEC. 5. REPORTING OF OFFSET AGREEMENTS. (a) Initial Reporting of Offset Agreements.-- (1) Government-to-government sales.--Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in the fourth sentence, by striking ``(if known on the date of transmittal of such certification)'' and inserting ``and a description of any offset agreement, including the dollar amount of the agreement''. (2) Commercial sales.--Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended in the second sentence, by striking ``(if known on the date of transmittal of such certification)'' and inserting ``and a description of any offset agreement, including the dollar amount of the agreement''. (b) Report on Offset Obligations.--Not later than January 1, 2000, and annually thereafter, the President shall submit a report to Congress identifying all contracts or agreements entered into in order to fulfill any offset obligations made in conjunction with transactions reported in section 36 (b) or (c) of the Arms Export Control Act. The report shall contain all the information required in section 36 (b) and (c) of the Arms Export Control Act, as well as any additional information that may not have been available at the time of the initial notification. SEC. 6. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS. (a) In General.--Section 39A(a) of the Arms Export Control Act (22 U.S.C. 2779a(a)) is amended-- (1) by inserting ``or licensed'' after ``sold''; and (2) by inserting ``or export'' after ``sale''. (b) Definition of United States Person.--Section 39A(d)(3)(B)(ii) of the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is amended by inserting ``or by an entity described in clause (i)'' after ``subparagraph (A)''. SEC. 7. ESTABLISHMENT OF REVIEW COMMISSION. (a) In General.--There is established a National Commission on the Use of Offsets in Defense Trade (in this section referred to as the ``Commission'') to address all aspects of the use of offsets in international defense trade. (b) Commission Membership.--Not later than 60 days after the date of enactment of this Act, the President, with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, shall appoint 10 people to serve as members of the Commission. Commission membership shall include-- (1) representatives from the private sector, including-- (A) one each from-- (i) a labor organization, (ii) a United States defense manufacturing company dependent on foreign sales, (iii) a United States company dependent on foreign sales that is not a defense manufacturer, and (iv) a United States company that specializes in international investment, and (B) two members from academia with widely recognized expertise in international economics; and (2) four members from the executive branch, including a member from-- (A) the Office of Management and Budget, (B) the Department of Commerce, (C) the Department of Defense, and (D) the Department of State. The member designated from the Office of Management and Budget shall serve as Chairperson of the Commission. The President shall ensure that the Commission is nonpartisan and that the full range of perspectives on the subject of offsets in the defense industry is adequately represented. (c) Duties.--The Commission shall be responsible for reviewing and reporting on-- (1) the full range of current practices by foreign governments requiring offsets in purchasing agreements and the extent and nature of offsets offered by United States and foreign defense industry contractors; (2) the impact of the use of offsets on defense subcontractors and nondefense industrial sectors affected by indirect offsets; and (3) the role of offsets, both direct and indirect, on domestic industry stability, United States trade competitiveness and national security. (d) Commission Report.--Not later than 12 months after the Commission is established, the Commission shall submit a report to the appropriate congressional committees. In addition to the items described under subsection (c), the report shall include-- (1) an analysis of-- (A) the collateral impact of offsets on industry sectors that may be different than those of the contractor providing the offsets, including estimates of contracts and jobs lost as well as an assessment of damage to industrial sectors; (B) the role of offsets with respect to competitiveness of the United States defense industry in international trade and the potential damage to the ability of United States contractors to compete if offsets were prohibited or limited; and (C) the impact on United States national security, and upon United States nonproliferation objectives, of the use of coproduction, subcontracting, and technology transfer with foreign governments or companies that result from fulfilling offset requirements with particular emphasis on the question of dependency upon foreign nations for the supply of critical components or technology; (2) proposals for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental effects of offsets; and (3) an identification of the appropriate executive branch agencies to be responsible for monitoring the use of offsets in international defense trade. (e) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (f) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (g) Meetings.--The Commission shall meet at the call of the Chairman. (h) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Termination.--The Commission shall terminate 30 days after the transmission of the report from the President as mandated in section 8(b). SEC. 8. MULTILATERAL STRATEGY TO ADDRESS OFFSETS. (a) In General.--The President shall initiate a review to determine the feasibility of establishing, and the most effective means of negotiating, a multilateral treaty on standards for the use of offsets in international defense trade, with a goal of limiting all offset transactions that are considered injurious to the economy of the United States. (b) Report Required.--Not later than 90 days after the date on which the Commission submits the report required under section 7(d), the President shall submit to the appropriate congressional committees a report containing the President's determination pursuant to subsection (a), and, if the President determines a multilateral treaty is feasible or desirable, a strategy for United States negotiation of such a treaty. One year after the date the report is submitted under the preceding sentence, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report detailing the progress toward reaching such a treaty. (c) Required Information.--The report required by subsection (b) shall include-- (1) a description of the United States efforts to pursue multilateral negotiations on standards for the use of offsets in international defense trade; (2) an evaluation of existing multilateral fora as appropriate venues for establishing such negotiations; (3) a description on a country-by-country basis of any United States efforts to engage in negotiations to establish bilateral treaties or agreements with respect to the use of offsets in international defense trade; and (4) an evaluation on a country-by-country basis of any foreign government efforts to address the use of offsets in international defense trade. (d) Comptroller General Review.--The Comptroller General of the United States shall monitor and periodically report to Congress on the progress in reaching a multilateral treaty.

Defense Offsets Disclosure Act of 1999 - Declares that U.S. policy is to develop a workable system to monitor the use of offsets in the defense industry (the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services), to promote fairness in international trade, and to ensure an appropriate level of foreign participation in production of U.S. weapons systems. Expresses the sense of Congress that: (1) the executive branch should pursue efforts to address trade fairness by establishing transparent standards for the use of offsets in international business transactions among U.S. trading partners and competitors; (2) the Secretary of State, the Secretary of Commerce, and the United States Trade Representative should raise the need for transparency and other standards bilaterally with other industrialized nations at every venue; and (3) the U.S. Government should enter into discussions for the establishment of multilateral standards for the control of the use of offsets in international defense trade through the appropriate multilateral fora, including the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World Trade Organization. Amends the Arms Export Control Act to require certain numbered certifications to Congress with respect to any letter of offer to sell (Government-to-Government sale), or license for export (commercial sale), major defense equipment in the amount of $14 million or more, or defense articles or services in the amount of $50 million or more. Requires each numbered certification to include a description of any offset agreement, including its dollar amount. Directs the President to report to Congress on all measures taken to fulfill offset obligations under such agreements. Extends to exports of defense articles or services the current prohibition against incentive payments by U.S. suppliers to satisfy any offset agreement with a foreign country to which such articles or services are sold. Directs the President to initiate a feasibility review, then report to the appropriate congressional committees on a strategy for U.S. negotiations of multilateral agreements with designated foreign countries that provide standards for the use of offsets with respect to the sale or licensing of defense articles or services, including a timetable for entering into such multilateral agreements, and any progress toward reaching an agreement. Establishes a National Commission on the Use of Offsets in Defense Trade to address all aspects of the use of offsets in international defense trade. Requires the Commission to report to the appropriate congressional committees with respect to such offset agreements.

{"src": "billsum_train", "title": "Defense Offsets Disclosure Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Contact Lens Consumers Act''. SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS. (a) In General.--When a prescriber completes a contact lens fitting, the prescriber-- (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means. (b) Limitations.--A prescriber may not-- (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); (2) require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or (3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription. SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIRCUMSTANCES. A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment. SEC. 4. PRESCRIBER VERIFICATION. (a) Prescription Requirement.--A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is-- (1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication. (b) Record Requirement.--A seller shall maintain a record of all direct communications referred to in subsection (a). (c) Information.--When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information: (1) Patient's full name and address. (2) Contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate. (3) Quantity of lenses ordered. (4) Date of patient request. (5) Date and time of verification request. (6) Name of contact person at seller's company, including facsimile and telephone number. (d) Verification Events.--A prescription is verified under this Act only if one of the following occurs: (1) The prescriber confirms the prescription is accurate by direct communication with the seller. (2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription. (3) The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c). (e) Invalid Prescription.--If a prescriber informs a seller before the deadline under subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid, the seller shall not fill the prescription. The prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it. (f) No Alteration.--A seller may not alter a contact lens prescription. Notwithstanding the preceding sentence, if the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens manufactured by that company under another label. (g) Direct Communication.--As used in this section, the term ``direct communication'' includes communication by telephone, facsimile, or electronic mail. SEC. 5. EXPIRATION OF CONTACT LENS PRESCRIPTIONS. (a) In General.--A contact lens prescription shall expire-- (1) on the date specified by the law of the State in which the prescription was written, if that date is one year or more after the issue date of the prescription; (2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient. (b) Special Rules for Prescriptions of Less Than 1 Year.--If a prescription expires in less than 1 year, the reasons for the judgment referred to in subsection (a)(3) shall be documented in the patient's medical record. In no circumstance shall the prescription expiration date be less than the period of time recommended by the prescriber for a reexamination of the patient that is medically necessary. (c) Definition.--As used in this section, the term ``issue date'' means the date on which the patient receives a copy of the prescription. SEC. 6. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS. Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription. SEC. 7. PROHIBITION OF CERTAIN WAIVERS. A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber's correctly verified prescription. SEC. 8. RULEMAKING BY FEDERAL TRADE COMMISSION. The Federal Trade Commission shall prescribe rules pursuant to section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) to carry out this Act. Rules so prescribed shall be exempt from the requirements of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.). Any such regulations shall be issued in accordance with section 553 of title 5, United States Code. The first rules under this section shall take effect not later than 180 days after the effective date of this Act. SEC. 9. VIOLATIONS. (a) In General.--Any violation of this Act or the rules required under section 8 shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (b) Actions by the Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 10. STUDY AND REPORT. (a) Study.--The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) Incidence of exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact of such relationships on competition. (2) Difference between online and offline sellers of contact lenses, including price, access, and availability. (3) Incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (4) The impact of the Federal Trade Commission eyeglasses rule (16 CFR 456 et seq.) on competition, the nature of the enforcement of the rule, and how such enforcement has impacted competition. (5) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report.--Not later than 12 months after the effective date of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a). SEC. 11. DEFINITIONS. As used in this Act: (1) Contact lens fitting.--The term ``contact lens fitting'' means the process that begins after the initial eye examination and ends when a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include-- (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary follow up examinations. (2) Prescriber.--The term ``prescriber'' means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact lens prescription.--The term ``contact lens prescription'' means a prescription, issued in accordance with State and Federal law, that contains sufficient information for the complete and accurate filling of a prescription, including the following: (A) Name of the patient. (B) Date of examination. (C) Issue date and expiration date of prescription. (D) Name, postal address, telephone number, and facsimile telephone number of prescriber. (E) Power, material or manufacturer or both. (F) Base curve or appropriate designation. (G) Diameter, when appropriate. (H) In the case of a private label contact lens, name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name. SEC. 12. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fairness to Contact Lens Consumers Act - (Sec. 2) Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient with a copy of their contact lens prescription, whether or not requested by the patient, and verify the prescription's accuracy, or make necessary corrections, to a contact lens seller or any person designated by the patient. Prohibits a prescriber from: (1) requiring patients to purchase contact lenses from the prescriber; (2) charging an additional fee for a copy of the prescription; (3) requiring the patient to sign a waiver; and (4) disclaiming liability or responsibility for the accuracy of the eye examination. (Sec. 3) Allows a prescriber to withhold the contact lens prescription until the prescriber receives payment or proof of insurance coverage only if the prescriber also requires immediate payment from a patient not needing any ophthalmic goods. (Sec. 4) Allows a seller to fill a prescription for contact lenses only when: (1) a seller receives a contact lens prescription directly or by facsimile; (2) a seller verifies a prescription by direct communication with the prescriber; or (3) the prescriber fails to respond to the seller within eight business hours after being contacted by the seller with the prescription information. Requires a seller to maintain a record of all such communication with a patient or a prescriber. (Sec. 5) Declares that a contact lens prescription shall expire on the date specified by the law of the State in which it is written, but not less than one year after the issue date of the prescription. Permits an exception for a patient's ocular health. (Sec. 6) Prohibits advertising that represents that contact lenses may be obtained without a prescription. (Sec. 8) Requires the Federal Trade Commission (FTC) to prescribe rules to carry out this Act. (Sec. 9) States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices. (Sec. 10) Requires the FTC to report to Congress on: (1) exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact such relationships have on competition; (2) differences between online and off-line sellers of contact lenses; (3) contact lens prescriptions that specify brand name and their impact on competition; (4) the FTC eyeglasses rule, its enforcement, and its impact on competition; and (5) any other issue that affects competition in the sale of contact lenses.

{"src": "billsum_train", "title": "To provide for availability of contact lens prescriptions to patients, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove All-Weather Road Corridor Act''. SEC. 2. IZEMBEK NATIONAL WILDLIFE REFUGE LAND CONVEYANCE. Title VI of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1178) is amended by striking subtitle E and inserting the following: ``Subtitle E--Izembek National Wildlife Refuge Land Conveyance ``SEC. 6401. DEFINITIONS. ``In this subtitle: ``(1) Corporation.--The term `Corporation' means the King Cove Corporation. ``(2) Federal land.--The term `Federal land' means-- ``(A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and ``(B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. ``(3) Governor.--The term `Governor' means the Governor of the State. ``(4) Map.--The term `map' means each of-- ``(A) the map entitled `Izembek and Alaska Peninsula National Wildlife Refuges' and dated September 2, 2008; and ``(B) the map entitled `Sitkinak Island-Alaska Maritime National Wildlife Refuge' and dated September 2, 2008. ``(5) Non-federal land.--The term `non-Federal land' means-- ``(A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and ``(B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map. ``(6) Refuge.--The term `Refuge' means the Izembek National Wildlife Refuge. ``(7) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(8) State.--The term `State' means the State of Alaska. ``(9) Tribe.--The term `Tribe' means the Agdaagux Tribe of King Cove, Alaska. ``SEC. 6402. LAND CONVEYANCE. ``(a) In General.--On the date of enactment of the King Cove All- Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. ``(b) Land Exchange.-- ``(1) In general.--As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All- Weather Road Corridor Act, notify the Secretary of the intent to convey the non-Federal land from the State and the Corporation to the United States. ``(2) Reversion.--The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act. ``(c) Valuation.--The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. ``(d) Considerations.--In constructing the road described in subsection (a), the Governor shall-- ``(1) minimize the adverse impact of the road corridor on the Refuge; ``(2) minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices; and ``(3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act. ``SEC. 6403. KING COVE ROAD. ``(a) Requirements Relating to Use, Barrier Cables, and Dimensions.-- ``(1) Limitations on use.-- ``(A) In general.--Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes. ``(B) Exceptions.--Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). ``(2) Requirement of barrier cable.--The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled `Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision' and dated January 22, 2004. ``(3) Required dimensions and design features.--The road described in paragraph (1)(A) shall-- ``(A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; ``(B) be constructed with gravel; and ``(C) if determined to be necessary, be constructed to include appropriate safety pullouts. ``(b) Support Facilities.--Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. ``(c) Federal Permits.--It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit. ``(d) Transfer of Land After Construction.--On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor. ``(e) Applicable Law.--Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170). ``(f) Avoidance of Wildlife Impacts and Mitigation of Wetland Loss.-- ``(1) Avoidance of wildlife impacts.-- ``(A) In general.--Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that-- ``(i) identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds; ``(ii) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife; and ``(iii) allow for the timely construction of the road. ``(B) Public availability.--The Governor of the State shall make available to the public the practices described in subparagraph (A). ``(2) Mitigation of wetlands loss.--The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and the Governor shall evaluate mitigating any effect on those wetlands transferred in Federal ownership under the provisions of this subtitle. ``SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. ``(a) Federal Land.--On completion of the land exchange under section 6402(a)-- ``(1) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and ``(2) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. ``(b) Non-Federal Land.--Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be-- ``(1) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and ``(2) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System. ``(c) Wilderness Additions.-- ``(1) In general.--Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to-- ``(A) the Izembek National Wildlife Refuge Wilderness; or ``(B) the Alaska Peninsula National Wildlife Refuge Wilderness. ``(2) Administration.--The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations). ``(d) Permits for Dredged or Fill Materials.--The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)). ``SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. ``(a) Voided Land Conveyance.--The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge-- ``(1) has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 7 years after the date of enactment of the King Cove All-Weather Road Corridor Act; and ``(2) has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 12 years after the date of enactment of the King Cove All-Weather Road Corridor Act. ``(b) Return of Prior Ownership Status of Federal Land.--If the land conveyance is voided under subsection (b)-- ``(1) the ownership of the Federal land shall revert back to the United States; and ``(2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness. ``SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. ``(a) In General.--Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act unless a construction permit has been issued during that period. ``(b) Extension of Authority.--If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. ``(c) Extension of Authority as Result of Legal Challenges.-- ``(1) In general.--Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process. ``(2) Injunction.--After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect. ``(d) Applicability of Section 6405.--On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.''.

King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.

{"src": "billsum_train", "title": "King Cove All-Weather Road Corridor Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors From Fraud Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Older Americans are among the most rapidly growing segments of our society. (2) Our Nation's elderly are too frequently the victims of violent crime, property crime, and consumer and telemarketing fraud. (3) The elderly are often targeted and retargeted in a range of fraudulent schemes. (4) The TRIAD program, originally sponsored by the National Sheriffs' Association, International Association of Chiefs of Police, and the American Association of Retired Persons unites sheriffs, police chiefs, senior volunteers, elder care providers, families, and seniors to reduce the criminal victimization of the elderly. (5) Congress should continue to support TRIAD and similar community partnerships that improve the safety and quality of life for millions of senior citizens. (6) There are few other community-based efforts that forge partnerships to coordinate criminal justice and social service resources to improve the safety and security of the elderly. (7) According to the National Consumers League, telemarketing fraud costs consumers nearly $40,000,000,000 each year. (8) Senior citizens are often the target of telemarketing fraud. (9) Fraudulent telemarketers compile the names of consumers who are potentially vulnerable to telemarketing fraud into the so- called ``mooch lists''. (10) It is estimated that 56 percent of the names on such ``mooch lists'' are individuals age 50 or older. (11) The Federal Bureau of Investigation and the Federal Trade Commission have provided resources to assist private-sector organizations to operate outreach programs to warn senior citizens whose names appear on confiscated ``mooch lists''. (12) The Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require. (13) The Administration on Aging has a system in place to inform senior citizens of the dangers of telemarketing fraud. (14) Senior citizens need to be warned of the dangers of telemarketing fraud before they become victims of such fraud. SEC. 3. SENIOR FRAUD PREVENTION PROGRAM. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General $1,000,000 for each of the fiscal years 2001 through 2005 for programs for the National Association of TRIAD. (b) Comptroller General.--The Comptroller General of the United States shall submit to Congress a report on the effectiveness of the TRIAD program 180 days prior to the expiration of the authorization under this Act, including an analysis of TRIAD programs and activities; identification of impediments to the establishment of TRIADs across the Nation; and recommendations to improve the effectiveness of the TRIAD program. SEC. 4. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary of Health and Human Services for Aging, shall provide to the Attorney General of each State and publicly disseminate in each State, including dissemination to area agencies on aging, information designed to educate senior citizens and raise awareness about the dangers of fraud, including telemarketing and sweepstakes fraud. (b) Information.--In carrying out subsection (a), the Secretary shall-- (1) inform senior citizens of the prevalence of telemarketing and sweepstakes fraud targeted against them; (2) inform senior citizens how telemarketing and sweepstakes fraud work; (3) inform senior citizens how to identify telemarketing and sweepstakes fraud; (4) inform senior citizens how to protect themselves against telemarketing and sweepstakes fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers; (5) inform senior citizens how to report suspected attempts at or acts of fraud; (6) inform senior citizens of their consumer protection rights under Federal law; and (7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing and sweepstakes promotions. (c) Means of Dissemination.--The Secretary shall determine the means to disseminate information under this section. In making such determination, the Secretary shall consider-- (1) public service announcements; (2) a printed manual or pamphlet; (3) an Internet website; (4) direct mailings; and (5) telephone outreach to individuals whose names appear on so- called ``mooch lists'' confiscated from fraudulent marketers. (d) Priority.--In disseminating information under this section, the Secretary shall give priority to areas with high incidents of fraud against senior citizens. SEC. 5. STUDY OF CRIMES AGAINST SENIORS. (a) In General.--The Attorney General shall conduct a study relating to crimes against seniors, in order to assist in developing new strategies to prevent and otherwise reduce the incidence of those crimes. (b) Issues Addressed.--The study conducted under this section shall include an analysis of-- (1) the nature and type of crimes perpetrated against seniors, with special focus on-- (A) the most common types of crimes that affect seniors; (B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors; and (C) the nature and extent of financial and material fraud targeted at seniors; (2) the risk factors associated with seniors who have been victimized; (3) the manner in which the Federal and State criminal justice systems respond to crimes against seniors; (4) the feasibility of States establishing and maintaining a centralized computer database on the incidence of crimes against seniors that will promote the uniform identification and reporting of such crimes; (5) the effectiveness of damage awards in court actions and other means by which seniors receive reimbursement and other damages after fraud has been established; and (6) other effective ways to prevent or reduce the occurrence of crimes against seniors. SEC. 6. INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY. Beginning not later than 2 years after the date of enactment of this Act, as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to-- (1) crimes targeting or disproportionately affecting seniors; (2) crime risk factors for seniors, including the times and locations at which crimes victimizing seniors are most likely to occur; and (3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or ethnicity, and socioeconomic status. SEC. 7. STATE AND LOCAL GOVERNMENT OUTREACH. It is the sense of Congress that State and local governments should fully incorporate fraud avoidance information and programs into programs that provide assistance to the aging. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary of Health and Human Services, acting through the Assistant Secretary of Health and Human Services for Aging, to provide to the Attorney General of each State and to publicly disseminate in each State, including to area agencies on aging, information designed to educate senior citizens and raise awareness about the dangers of fraud, including telemarketing and sweepstakes fraud. Directs the Secretary to give priority, in disseminating information, to areas with high incidents of fraud against senior citizens. Directs the Attorney General to: (1) conduct a study to assist in developing new strategies to prevent and otherwise reduce the incidence of crimes against seniors; and (2) include as part of each National Crime Victimization Survey statistics related to crimes targeting or disproportionately affecting seniors, crime risk factors for seniors, and specific characteristics of the victims of crimes who are seniors. Expresses the sense of Congress that State and local governments should fully incorporate fraud avoidance information and programs into programs that provide assistance to the aging.

{"src": "billsum_train", "title": "Protecting Seniors From Fraud Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Exchange Act of 2011''. SEC. 2. TEACHER EXCHANGES. (a) State Use of Funds.--Section 2113(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended by adding at the end the following: ``(19) Carrying out a teacher exchange under which the State educational agency-- ``(A) sends highly qualified teachers with at least 3 years of teaching experience to another State educational agency located in a different geographic region for a school year (in this paragraph referred to as the `receiving State educational agency'), provided that-- ``(i) 1 of the State educational agencies involved serves a high-need local educational agency; or ``(ii) the State educational agencies involved will be exchanging teachers in science, math, English as a second language, special education, or other subject areas that have a high need for qualified teachers, as determined by the Secretary; ``(B) ensures that the teachers remain subject to the terms and conditions of employment that would have applied if the teachers had remained at the State educational agency; ``(C) provides such teachers with payment of certain housing, travel, and other expenses incurred by such teachers during participation in the exchange; ``(D) requires such teachers to return to the State educational agency for a period of time following such teachers' participation in the exchange; and ``(E) develops and implements a plan to provide participating teachers with activities designed to promote professional development, which may include-- ``(i) an orientation session or courses to prepare such teachers for-- ``(I) the exchange experience; ``(II) the community in which the receiving State educational agency is located and the schools in such agency; and ``(III) the particular grade level and curriculum assigned to the participating teacher by the receiving State educational agency; ``(ii) a mentoring program through which each such teacher is paired with a mentor (who is not also a participating teacher) employed by the receiving State educational agency who teaches in the same grade level or subject area that the participating teacher has been assigned to teach under the exchange; ``(iii) a forum for participating teachers, led by an administrator or teacher at the receiving State educational agency, to engage in ongoing professional development focused on improving classroom instruction to result in improved student outcomes, including reading educational research, reviewing student work, creating and reviewing formative and summative assessments, analyzing data from student assessments, and tracking student progress; and ``(iv) content-specific programs designed to support participating teachers in teaching the specific curriculum in place at the receiving State educational agency and at the grade level to which each such teacher is assigned.''. (b) Local Use of Funds.--Section 2123(a) of such Act (20 U.S.C. 6623(a)) is amended by adding at the end the following: ``(11) Carrying out a teacher exchange (regardless of whether the State educational agency serving the local educational agency participates in such exchange) under which the local educational agency-- ``(A) sends highly qualified teachers with at least 3 years of teaching experience to another local educational agency located in a different geographic region (in this paragraph referred to as the `receiving local educational agency') for a school year (regardless of whether the State educational agency serving such local educational agency participates in such exchange), provided that-- ``(i) 1 of the local educational agencies involved is a high-need local educational agency; or ``(ii) the local educational agencies involved will be exchanging teachers in science, math, English as a second language, special education, or other subject areas that have a high need for qualified teachers, as determined by the Secretary; ``(B) ensures that the teachers remain subject to the terms and conditions of employment that would have applied if the teachers had remained at the local educational agency; ``(C) provides such teachers with payment of certain housing, travel, and other expenses incurred by such teachers during participation in the exchange; ``(D) requires such teachers to return to the local educational agency for a period of time following such teachers' participation in the exchange; and ``(E) develops and implements a plan to provide participating teachers with activities designed to promote professional development, which may include-- ``(i) an orientation session or courses to prepare such teachers for-- ``(I) the exchange experience; ``(II) the community in which the receiving local educational agency is located and the schools in such agency; and ``(III) the particular grade level and curriculum assigned to the participating teacher by the receiving local educational agency; ``(ii) a mentoring program through which each such teacher is paired with a mentor (who is not also a participating teacher) employed by the receiving local educational agency who teaches in the same grade level or subject area that the participating teacher has been assigned to teach under the exchange; ``(iii) a forum for participating teachers, led by an administrator or teacher at the receiving local educational agency, to engage in ongoing professional development focused on improving classroom instruction to result in improved student outcomes, including reading educational research, reviewing student work, creating and reviewing formative and summative assessments, analyzing data from student assessments, and tracking student progress; and ``(iv) content-specific programs designed to support participating teachers in teaching the specific curriculum in place at the receiving local educational agency and at the grade level to which each such teacher is assigned.''.

Teacher Exchange Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize states to use their grant under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to carry out a teacher exchange sending highly qualified teachers with at least three years of teaching experience to another state in a different region for a school year. Requires: (1) at least one of the states involved in an exchange to serve a high-need local educational agency (LEA), or (2) the states to be exchanging teachers in subjects that have a high need for qualified teachers. Requires states to maintain the employment terms of teachers participating in the exchange, cover their expenses, and provide them with training. Requires the teachers to return to their state following their participation in the exchange. Authorizes LEAs to use their subgrant under part A of title II of the ESEA to carry out a teacher exchange (regardless of whether or not their states are participating in the exchange) sending highly qualified teachers with at least three years of teaching experience to another LEA in a different region for a school year. Requires: (1) at least one of the LEAs involved in an exchange to be a high-need LEA, or (2) the LEAs to be exchanging teachers in subjects that have a high need for qualified teachers. Requires LEAs to maintain the employment terms of teachers participating in the exchange, cover their expenses, and provide them with training. Requires the teachers to return to their LEA following their participation in the exchange.

{"src": "billsum_train", "title": "To amend title II of the Elementary and Secondary Education Act of 1965 to authorize State educational agencies and local educational agencies to carry out teacher exchanges."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Like a Girl Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Growth in the STEM workforce is dominated by new computing jobs, and the Nation needs to leverage all of its human capital to meet the demand. The Bureau of Labor Statistics projects that, of all the new STEM occupations created from 2014 to 2024, nearly \2/3\ will be computing jobs. (2) More work is needed to ensure women are equally represented in the computer science workforce. According to the Bureau of Labor Statistics, in 2016, women held more than 51 percent of all professional occupations in the United States, but only 26 percent of the computing-related occupations. This is compared with the all-time peak of 26 percent of the computing-related occupations in 1991. (3) The gender disparity in computer science extends down through all levels of education. In 2016, only 23 percent of AP Computer Science exam takers were female. The number of computer science degrees awarded to women has steadily declined for bachelor's degree earners from 29 percent in 1995 to just 18 percent in 2014. (4) A 2010 study funded by the National Science Foundation found that a majority of both women and men scientists and Ph.D. students became interested in science before middle school. Women scientists in this study were more likely than men to mention teachers as the source of their initial interest in science, substantiating the need for teachers to engage young girls in the classroom. (5) Gender disparities are also observed at the earliest levels of education. Studies have shown that, at around 6 years old, girls develop the belief that brilliance is a male characteristic. This negative stereotype, once adopted, is shown to have an immediate effect, as girls start to lose interest in activities they perceive as requiring brilliance. (6) Research into the cause of the early adoption of this stereotype is limited, but implicit biases held by teachers have been shown to have a negative impact on girls' academic achievement in math and science and on their future decisions to enroll in advanced courses in these subjects. (7) While significant work is being done to expand access to high-quality computer science education for female students at the secondary and postsecondary level, there are few research funding opportunities focused exclusively on girls in early childhood education. (8) Despite the limited attention being paid to this age group, research has shown that interventions with girls at an early age can reduce the negative impact of gendered stereotypes. Scientists have found that positive experiences with robotics and computing lead to greater interest and self- confidence among girls, even after gender stereotypes about computing have been adopted. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), except that such term also includes preschools, after- school programs, and summer programs. (4) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics, including computer science. (5) Young girls.--The term ``young girls'' means female individuals who have not attained the age of 11. SEC. 4. RESEARCH GRANTS. (a) In General.--The Director shall award grants on a competitive basis to institutions of higher education, local educational agencies, or nonprofit organizations (or consortia of such institutions, agencies, or organizations), to accelerate research efforts to increase understanding of the factors that contribute to the willingness or unwillingness of young girls to participate in STEM activities. (b) Research Areas.--Research areas funded by a grant under this section may include-- (1) the role of teacher training and professional development, including effective incentive structures to encourage teachers to participate in such training and professional development, in encouraging or discouraging young girls from participating in STEM activities; (2) the role of implicit bias in the classroom in shaping young girls' perceptions of STEM and discouraging such girls from participating in STEM activities; (3) the role of other facets of the learning environment on the willingness of young girls to participate in STEM activities, including learning materials and textbooks, classroom decorations, seating arrangements, use of media and technology, classroom culture, and gender composition of students during group work; (4) the role of parents and other caregivers in encouraging or discouraging young girls from participating in STEM activities; (5) the types of STEM activities that encourage greater participation by young girls; and (6) any other activity the Director determines will accomplish the goals of this section. (c) Grant Recipient Report.--An entity awarded a grant under this section shall report to the Director, at such time and in such manner as the Director may require, on the activities carried out and materials developed using such grant funds. SEC. 5. DEVELOPMENT AND TESTING OF SCALABLE MODELS FOR INCREASED ENGAGEMENT. (a) In General.--The Director shall award grants on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations), to develop and evaluate interventions in pre-K and elementary school classrooms that seek to increase participation of young girls in computer science activities. (b) Partnerships.--In order to be eligible to receive a grant under this section, an institution of higher education, nonprofit organization, or consortium shall enter into a partnership with one or more local educational agencies in carrying out the activities funded by such grant. (c) Uses of Funds.--Grants awarded under this section shall be used for activities that draw upon the expertise of the partner entities described in subsection (b) to increase participation of young girls in computer science activities, including-- (1) offering training and professional development programs, including summer or academic year institutes or workshops, designed to strengthen the capabilities of pre-K and elementary school teachers and to familiarize such teachers with the role of gender bias in the classroom; (2) offering innovative pre-service and in-service programs that instruct teachers on gender-inclusive practices for teaching computing concepts; (3) developing distance learning programs for teachers or students, including developing curricular materials, play-based computing activities, and other resources for the in-service professional development of teachers that are made available to teachers through the internet; (4) developing a cadre of master teachers who will promote reform and the adoption of gender-inclusive practices in teaching computer science concepts in early childhood education; (5) developing tools to evaluate activities conducted under this section; (6) developing or adapting pre-K and elementary school computer science curricular materials that incorporate contemporary research on the science of learning, particularly with respect to gender inclusion; (7) developing and offering gender-inclusive computer science enrichment programs for students, including after- school and summer programs; (8) providing mentors for girls in person and through the internet to support such girls in participating in computer science activities; (9) educating the parents of girls about the difficulties faced by girls to maintain an interest and desire to participate in computer science activities, and enlisting the help of parents in overcoming these difficulties; (10) acquainting girls with careers in computer science and encouraging girls to consider careers in such field; and (11) any other activities the Director determines will accomplish the goals of this section. (d) Grant Recipient Report.--An entity awarded a grant under this section shall report to the Director, at such time and in such manner as the Director may require, on the activities carried out and materials developed using such grant funds. (e) Evaluation Required.--Not later than 4 years after the date of enactment of this Act, and every 3 years thereafter, the Director shall evaluate the grant program under this section. At a minimum, such evaluation shall-- (1) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships described in subsection (b); and (2) to the extent practicable, compare the effectiveness of practices and materials developed and demonstrated by such partnerships with those of partnerships funded by other local or State government or Federal Government programs. (f) Dissemination of Results.-- (1) Evaluation results.--The Director shall make publicly available free of charge on an internet website and shall submit to Congress the results of the evaluation required under subsection (e). (2) Materials.--The Director shall ensure that materials developed under a program funded by a grant under this section, that are demonstrated to be effective in achieving the goals of this section (as determined by the Director), are made publicly available free of charge on an internet website, including through an arrangement with an outside entity. (g) Annual Meeting.--The Director shall convene an annual meeting of the partnerships participating in a program funded by a grant under this section, for the purpose of fostering greater national collaboration. (h) Technical Assistance.--At the request of a partnership seeking a grant under this section, the Director shall provide the partnership with technical assistance in meeting any requirement of this section, including providing advice from experts on how to develop a quality application for such a grant. SEC. 6. REPORTING REQUIREMENTS. (a) Annual Report.--The Director shall submit to Congress an annual report on the grant programs established by sections 4 and 5. (b) Report on Program Expansion.--Not later than 4 years after the first grant is awarded under the grant programs established by sections 4 and 5, the Director shall submit to Congress a report, based on an analysis of the grant recipient reports submitted to the Director pursuant to sections 4(c) and 5(d), that includes a recommendation for how to expand such grant programs.

Code Like a Girl Act This bill directs the National Science Foundation (NSF) to award competitive grants to institutions of higher education, local educational agencies, or nonprofit organizations to accelerate research efforts to increase understanding of the factors that contribute to the willingness or unwillingness of girls under the age of 11 to participate in STEM (science, technology, engineering, and mathematics, including computer science) activities. The NSF shall also award competitive grants to such institutions and organizations to enter into partnerships with local educational agencies to develop and evaluate interventions in pre-K and elementary school classrooms that seek to increase participation by such girls in computer science activities. The NSF must: (1) ensure that the materials developed under a program that are demonstrated as being effective in achieving grant goals are made available free of charge to the public on an Internet website, (2) convene an annual meeting of participating partnerships to foster greater national collaboration, and (3) furnish such partnerships with technical assistance in meeting grant program requirements.

{"src": "billsum_train", "title": "Code Like a Girl Act"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Great Bend of the Gila National Monument Establishment Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Great Bend of the Gila National Monument, Arizona. Sec. 3. Management of national monument. Sec. 4. Management plan. Sec. 5. Tribal use of national monument. Sec. 6. Off-road use of motorized and mechanized vehicles. Sec. 7. No military airspace restrictions. Sec. 8. Research, education, and visitor services. Sec. 9. Fish and wildlife. Sec. 10. Land acquisition. Sec. 11. Withdrawal. Sec. 12. Effect on existing facilities and rights-of-way. Sec. 13. Water rights. Sec. 14. Advisory council. SEC. 2. ESTABLISHMENT OF GREAT BEND OF THE GILA NATIONAL MONUMENT, ARIZONA. (a) Establishment.--There is established in the State of Arizona the Great Bend of the Gila National Monument (in this Act referred to as the ``national monument''). (b) Purpose.--The purpose of the national monument is-- (1) to preserve, protect, and restore the archaeological, cultural, historic, geologic, hydrologic, natural, educational, and scenic resources of the Great Bend of the Gila (Gila River in Western Maricopa County, Arizona) and adjacent land; and (2) to provide for public interpretation and recreation consistent with the resources described in paragraph (1). (c) Boundaries.-- (1) In general.--The national monument consists of approximately 84,296 acres of public lands and interests in land administered by the Secretary of the Interior through the Bureau of Land Management, as generally depicted on the map entitled ``Great Bend of the Gila National Monument'' and dated March 6, 2013. (2) Minor adjustments.--The Secretary may make minor adjustments to the boundaries of the national monument to reflect the inclusion of significant archaeological resources discovered after the date of enactment of this Act on public lands adjacent to the national monument. (3) Availability of map.--The map described in paragraph (1) and the legal description of any adjustments made under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Adjacent Uses.--Nothing in this Act-- (1) creates a protective perimeter or buffer zone around the national monument; or (2) affects private property outside of the boundaries of the national monument. SEC. 3. MANAGEMENT OF NATIONAL MONUMENT. (a) National Landscape Conservation System.--The Secretary of the Interior shall manage the national monument as part of the National Landscape Conservation System-- (1) to allow only such uses of the national monument as to further the purposes for which the monument was established; and (2) in accordance with this Act and other laws generally applicable to the national monument, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) and the policy described in Public Law 95-341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996). (b) Management Objectives.--In managing the national monument, the Secretary of the Interior shall-- (1) maintain the undeveloped character of the national monument to the maximum extent practicable; and (2) protect and restore cultural resources, species, and ecosystems of the national monument. (c) Vegetation Management.-- (1) In general.--The Secretary of the Interior-- (A) shall conduct an inventory of invasive plant species in the national monument; (B) may carry out vegetation management treatments, including efforts to control salt cedar and other invasive plant species, in the national monument; and (C) shall coordinate vegetation management within the national monument boundaries with ongoing efforts to eradicate invasive species by the Flood Control District of Maricopa County and neighboring communities. (2) Use of native plant species.--The Secretary shall utilize native plant species in planning for restoration projects to be conducted in the national monument. (d) Grazing.--The Secretary shall permit grazing in the national monument, where grazing was established before the date of enactment of this Act-- (1) subject to all applicable laws; and (2) consistent with the purposes for which the national monument is established. (e) Backcountry Activities.--Management of the national monument shall support backcountry hunting and other non-motorized recreation in the national monument. SEC. 4. MANAGEMENT PLAN. (a) Management Plan Required.--Not later than three years after the date of enactment of this Act, the Secretary of the Interior shall develop a management plan for the national monument that addresses the actions necessary to protect the resources described in section 2(b)(1). The management plan shall include a transportation plan, including travel restrictions and road closures. (b) Consultation.--In addition to the period of public comment required by subsection (b), the Secretary of the Interior shall prepare the management plan in government-to-government consultation with Indian tribes with a cultural or historic tie to the Great Bend of the Gila. SEC. 5. TRIBAL USE OF NATIONAL MONUMENT. (a) Traditional Uses.--The Secretary of the Interior shall allow for the continued use of the national monument by members of Indian tribes-- (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials. (b) Terms and Conditions.--Tribal use of the national monument under subsection (a) shall be-- (1) subject to any terms and conditions the Secretary of the Interior determines to be necessary to further the purposes for which the national monument is established; and (2) in accordance with applicable law. (c) Tribal Rights.--Nothing in this Act affects-- (1) the rights of any Indian tribe on Indian land; (2) any individually held trust land or Indian allotment; or (3) any treaty rights providing for nonexclusive access to or in the national monument by members of Indian tribes for traditional and cultural purposes. SEC. 6. OFF-ROAD USE OF MOTORIZED AND MECHANIZED VEHICLES. Except as needed for administrative purposes or to respond to an emergency, the use of motorized and mechanized vehicles in the national monument is limited to roads and trails designated for their use. SEC. 7. NO MILITARY AIRSPACE RESTRICTIONS. Establishment of the national monument shall not be construed to impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the Armed Forces require additional or modified airspace after the date of the enactment of this Act, Congress does not intend for the establishment of the national monument to impede the Secretary of Defense from petitioning the Federal Aviation Administration to change or expand restricted military airspace. SEC. 8. RESEARCH, EDUCATION, AND VISITOR SERVICES. (a) Education and Interpretation.--The Secretary of the Interior shall provide such minimal facilities within the national monument for education and interpretation, such as signage or other interpretive kiosks, as the Secretary considers necessary for visitor enjoyment of the national monument, while ensuring the protection of monument resources. (b) Visitor Center.--Any visitor center for the national monument shall be sited in a community in the vicinity of the national monument, rather than within the boundaries of the national monument. (c) Research Authorized.-- (1) In general.--The Secretary of the Interior shall allow scientific research to be conducted in the national monument, including research to identify, protect, and preserve the historic and cultural resources of the monument. (2) Climate change research.--The Secretary may conduct, or authorize other persons to conduct, research regarding the effects of climate change on monument resources to develop management techniques to boost resiliency and facilitate adaptation to human-caused climate change. SEC. 9. FISH AND WILDLIFE. Nothing in this Act affects the jurisdiction of the State of Arizona with respect to the management of fish and wildlife on public lands in the State. SEC. 10. LAND ACQUISITION. (a) Acquisition Authority.--The Secretary of the Interior may acquire land and any interest in land, State and private, within or adjacent to the boundaries of the national monument-- (1) by purchase from willing sellers with donated or appropriated funds; (2) by donation; or (3) by exchange. (b) Treatment of Acquired Land.--Land and interests in land acquired under the authority of subsection (a) shall automatically become part of the national monument. SEC. 11. WITHDRAWAL. (a) In General.--Subject to valid existing rights, all Federal land within the national monument (including any land or interest in land acquired after the date of enactment of this Act) is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Renewable Energy Projects.--Subject to valid and existing rights, renewable energy and transmission development is prohibited in the national monument. SEC. 12. EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY. Nothing in this Act terminates or limits any valid right-of-way within the Monument in existence on the date of the enactment of this Act (including the customary operation, maintenance, repair, relocation within an existing right-of-way, or replacement of energy transport facilities within an existing right-of-way), or other authorized right- of-way. SEC. 13. WATER RIGHTS. (a) In General.--Nothing in this shall affect, alter, or diminish the water rights, or claims or entitlements to water of the United States, the State of Arizona, or any irrigation or conservation district, canal company, entity or individual to the Gila River or any tributary thereto. (b) Reserved Water Rights.--The designation of the national monument does not imply or create a Federal reserved water right to the appropriable waters of the Gila River or any tributary thereto. SEC. 14. ADVISORY COUNCIL. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``Great Bend of the Gila National Monument Advisory Council''. (b) Duties.-- (1) The Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (2) The Council shall advise, or create a subcommittee to advise, on salt cedar/tamarisk removal within the monument. (c) Applicable Law.--The Council shall be subject to-- (1) the Federal Advisory Committee Act (5 U.S.C. App.); and (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (d) Members.--The Council shall include members to be appointed by the Secretary. To the extent practicable, the Secretary shall appoint not more than 13 members from Category One and an additional 13 members, in the aggregate, from Category Two, Category Three, and Category Four, who will represent the purposes for which the national monument was established and stakeholders who may have an interest in the planning and management of the national monument. The categories referred to in this subsection are the following: (1) Category one.--Representatives of affiliated tribes. (2) Category two.--Public land ranchers, irrigation districts, and representatives of organizations associated with agriculture, energy and mineral development, transportation or rights-of-way, off-highway vehicle use, and commercial recreation. (3) Category three.--Representatives of nationally or regionally recognized environmental organizations, archaeological and historical organizations, and dispersed recreation activities. (4) Category four.-- (A) Representatives of State, county, or local elected office. (B) Representatives and employees of a State agency responsible for the management of natural resources. (C) Representatives and employees of academic institutions who are involved in natural sciences. (D) The public-at-large. (e) Representation.--The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (f) Duration.--The Council shall terminate on the date that is one year from the date on which the management plan is adopted by the Secretary.

Great Bend of the Gila National Monument Establishment Act This bill establishes the Great Bend of the Gila National Monument in Arizona. The Department of the Interior shall manage the Monument as part of the National Landscape Conservation System to maintain its undeveloped character and to protect and restore its cultural resources, species, and ecosystems. Interior shall conduct an inventory of invasive plant species in the Monument. Interior may carry out vegetation management treatments within the Monument, including efforts to control salt cedar and other invasive plant species. The bill permits grazing within the Monument where it is already established. Interior shall develop a management plan for the Monument in government-to-government consultation with Indian tribes having a cultural or historic tie to the Great Bend of the Gila. The Monument may continue to be used by tribe members for traditional ceremonies and as a source of traditional plants and other materials. Interior shall allow scientific research within the Monument, including research for the preservation of its historic and cultural resources. Interior may conduct, or authorize other persons to conduct, research regarding the effects of climate change on the Monument's resources. The bill prohibits renewable energy and transmission development projects in the Monument. Interior shall establish the Great Bend of the Gila National Monument Advisory Council to advise on the management plan and salt cedar/tamarisk removal.

{"src": "billsum_train", "title": "Great Bend of the Gila National Monument Establishment Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Totalization Agreement Reform Act of 2007'' or the ``STAR Act''. SEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS. (a) In General.--Section 233(e) of the Social Security Act (42 U.S.C. 433(e)) is amended to read as follows: ``(e)(1) Any agreement to establish a totalization arrangement which is entered into with another country under this section shall enter into force with respect to the United States if (and only if)-- ``(A) the President, at least 90 calendar days before the date on which the President enters into the agreement, notifies each House of Congress of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register, ``(B) the President transmits the text of such agreement to each House of Congress as provided in paragraph (2), and ``(C) an approval resolution regarding such agreement has passed both Houses of Congress and has been enacted into law. ``(2)(A) Whenever an agreement referred to in paragraph (1) is entered into, the President shall transmit to each House of Congress a document setting forth the final legal text of such agreement and including a report by the President in support of such agreement. The President's report shall include the following: ``(i) An estimate by the Chief Actuary of the Social Security Administration of the effect of the agreement, in the short term and in the long term, on the receipts and disbursements under the social security system established by this title. ``(ii) A statement of any administrative action proposed to implement the agreement and how such action will change or affect existing law. ``(iii) A statement describing whether and how the agreement changes provisions of an agreement previously negotiated. ``(iv) A statement describing how and to what extent the agreement makes progress in achieving the purposes, policies, and objectives of this title. ``(v) An estimate by the Chief Actuary of the Social Security Administration, working in consultation with the Comptroller General of the United States, of the number of individuals who may become eligible for any benefits under this title or who may otherwise be affected by the agreement. ``(vi) An assessment of the integrity of the retirement data and records (including birth, death, and marriage records) of the other country that is the subject of the agreement. ``(vii) An assessment of the ability of such country to track and monitor recipients of benefits under such agreement. ``(B) If any separate agreement or other understanding with another country (whether oral or in writing) relating to an agreement to establish a totalization arrangement under this section is not disclosed to Congress in the transmittal to Congress under this paragraph of the agreement to establish a totalization arrangement, then such separate agreement or understanding shall not be considered to be part of the agreement approved by Congress under this section and shall have no force and effect under United States law. ``(3) For purposes of this subsection, the term `approval resolution' means a joint resolution, the matter after the resolving clause of which is as follows: `That the proposed agreement entered into pursuant to section 233 of the Social Security Act between the United States and _______ establishing totalization arrangements between the social security system established by title II of such Act and the social security system of _______, transmitted to Congress by the President on ______, is hereby approved.', the first two blanks therein being filled with the name of the country with which the United States entered into the agreement, and the third blank therein being filled with the date of the transmittal of the agreement to Congress. ``(4) Whenever a document setting forth an agreement entered into under this section and the President's report in support of the agreement is transmitted to Congress pursuant to paragraph (2), copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. ``(5) On the day on which a document setting forth the agreement is transmitted to the House of Representatives and the Senate pursuant to paragraph (1), an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself or herself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The resolution introduced in the House of Representatives shall be referred to the Committee on Ways and Means and the resolution introduced in the Senate shall be referred to the Committee on Finance.''. (b) Additional Reports and Evaluations.--Section 233 of the Social Security Act (42 U.S.C. 433) is amended by adding at the end the following new subsections: ``(f) Biennial SSA Report on Impact of Totalization Agreements.-- ``(1) Report.--For any totalization agreement transmitted to Congress on or after January 1, 2007, the Commissioner of Social Security shall submit a report to Congress and the Comptroller General that-- ``(A) compares the estimates contained in the report submitted to Congress under clauses (i) and (v) of subsection (e)(2)(A) with respect to that agreement with the actual number of individuals affected by the agreement and the actual effect of the agreement on social security system receipts and disbursements; and ``(B) contains recommendations for adjusting the methods used to make the estimates. ``(2) Dates for submission.--The report required under this subsection shall be provided not later than 2 years after the effective date of the totalization agreement that is the subject of the report and biennially thereafter. ``(g) GAO Evaluation and Report.-- ``(1) Evaluation of initial report on impact of totalization agreements.--With respect to each initial report regarding a totalization agreement submitted under subsection (f), the Comptroller General of the United States shall conduct an evaluation of the report that includes-- ``(A) an evaluation of the procedures used for making the estimates required by subsection (e)(2)(A); ``(B) an evaluation of the procedures used for determining the actual number of individuals affected by the agreement and the effects of the totalization agreement on receipts and disbursements under the social security system; and ``(C) such recommendations as the Comptroller General determines appropriate. ``(2) Report.--Not later than 1 year after the date of submission of an initial report regarding a totalization agreement under subsection (f), the Comptroller General shall submit to Congress a report setting forth the results of the evaluation conducted under paragraph (1). ``(3) Data collection.--The Commissioner of Social Security shall collect and maintain the data necessary for the Comptroller General of the United States to conduct the evaluation required by paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply with respect to agreements establishing totalization arrangements entered into under section 233 of the Social Security Act which are transmitted to Congress on or after January 1, 2007.

Social Security Totalization Agreement Reform Act of 2007 or STAR Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that any agreement to establish a totalization arrangement which is entered into with another country shall enter into force with respect to the United States if (and only if): (1) the President, at least 90 calendar days before the date on which he enters into the agreement, notifies each House of Congress of his intention to enter into it, and promply thereafter publishes notice of such intention in the Federal Register; (2) he transmits the text of such agreement to each House of the Congress; and (3) a joint resolution regarding such agreement has passed both Houses of Congress and been enacted into federal law. Sets forth procedures for the consideration of such a joint resolution.

{"src": "billsum_train", "title": "A bill to amend title II of the Social Security Act to preserve and protect Social Security benefits of American workers and to help ensure greater congressional oversight of the Social Security system by requiring that both Houses of Congress approve a totalization agreement before the agreement, giving foreign workers Social Security benefits, can go into effect."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on the Future of the Army Act of 2014''. SEC. 2. PROHIBITION ON USE OF FISCAL YEAR 2015 FUNDS TO REDUCE END STRENGTHS OF ARMY PERSONNEL. None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to reduce or prepare to reduce personnel of the Army, including any cancellation of training, below the authorized fiscal year end strengths for personnel of the Army as follows: (1) 450,000 for active duty personnel of the Army. (2) 345,000 for the Army National Guard. (3) 195,000 for the Army Reserve. SEC. 3. LIMITATION ON USE OF FISCAL YEAR 2015 FUNDS FOR TRANSFER OR DIVESTMENT OF CERTAIN AIRCRAFT ASSIGNED TO THE ARMY NATIONAL GUARD. (a) Limitation.-- (1) Aircraft.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to divest, retire, or transfer, or prepare to divest, retire, or transfer, any AH-64 Apache aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014. (2) Personnel.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 for the Army may be used to reduce personnel related to any AH- 64 Apache aircraft of the Army National Guard below the levels of such personnel as of September 30, 2014. (3) Readiness of aircraft and crews.--The Secretary of the Army shall ensure the continuing readiness of the AH-64 Apache aircraft referred to in paragraph (1) and the crews of such aircraft during fiscal year 2015, including through the allocation of funds for operation and maintenance and support of such aircraft and for personnel connected with such aircraft as described in paragraph (2). (b) Scope of Limitation.--Nothing in subsection (a) shall be construed to limit the use of funds described in that subsection for the training of members of the Army National Guard or Army Reserve who are pilots of Apache aircraft on any other aircraft. (c) Exception.--Notwithstanding subsection (a), funds described in that subsection may be used after the date of the report required by section 5(b)(3) to prepare for the transfer of not more than 72 AH-64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense certifies in writing to the congressional defense committees that such a transfer would not-- (1) degrade the strategic depth or regeneration capacities of the Army; (2) degrade the Army National Guard in its role as the combat reserve of the Army; and (3) occur before October 1, 2014. SEC. 4. NATIONAL COMMISSION ON THE FUTURE OF THE ARMY. (a) Establishment.--There is established the National Commission on the Future of the Army (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of eight members, of whom-- (A) 4 shall be appointed by the President; (B) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) 1 shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (D) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (E) 1 shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. (2) Appointment date.--The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (3) Effect of lack of appointment by appointment date.--If 1 or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph. (4) Expertise.--In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Chair and Vice Chair.--The Commission shall select a Chair and Vice Chair from among its members. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting. (f) Meetings.--The Commission shall meet at the call of the Chair. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (h) Administrative and Procedural Authorities.--The following provisions of law do not apply to the Commission: (1) Section 3161 of title 5, United States Code. (2) The Federal Advisory Committee Act (5 U.S.C. App.). SEC. 5. DUTIES OF THE COMMISSION. (a) Study on Structure of the Army.-- (1) In general.--The Commission shall undertake a comprehensive study of the structure of the Army, and policy assumptions related to the size and force mixture of the Army, in order-- (A) to determine the proper size and force mixture of the regular component of the Army and the reserve components of the Army, and (B) to make recommendations on how the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and anticipated future resources. (2) Considerations.--In undertaking the study required by subsection (a), the Commission shall give particular consideration to the following: (A) An evaluation and identification of a structure for the Army that-- (i) has the depth and scalability to meet current and anticipated requirements of the combatant commands; (ii) achieves a cost-efficiency balance between the regular and reserve components of the Army, taking advantage of the unique strengths and capabilities of each, with a particular focus on fully burdened and lifecycle cost of Army personnel; (iii) ensures that the regular and reserve components of the Army have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States; (iv) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components of the Army could be recruited; and (v) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. (B) An evaluation and identification of force generation policies for the Army with respect to size and force mixture in order to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and anticipated future resources, including policies in connection with-- (i) readiness; (ii) training; (iii) equipment; (iv) personnel; and (v) maintenance of the reserve components in an operational state in order to maintain the level of expertise and experience developed since September 11, 2001. (b) Study on Partial Transfer of Certain Aircraft.-- (1) In general.--The Commission shall also conduct a study of the feasibility and advisability of a partial transfer of Army National Guard AH-64 Apache aircraft from the Army National Guard to the regular Army. (2) Considerations.--In conducting the study required by paragraph (1), the Commission shall consider the full cost and cost savings of the Army Aviation Restructuring Initiative as proposed for fiscal year 2015, including costs associated with retraining, rebasing, and remissioning. (3) Interim report.--Not later than 90 days after the appointment date for members of the Commission specified in section 4(b)(2), the Commission shall submit to the President and the congressional defense committees a report setting forth the results of the study conducted under paragraph (1). (c) Final Report.--Not later than February 1, 2016, the Commission shall submit to the President and the congressional defense committees a report setting forth a detailed statement of the findings and conclusions of the Commission as a result of the study required by subsection (a), together with its recommendations for such legislation and administrative actions as the Commission considers appropriate in light of the results of the study. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 5(c). SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. In this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. SEC. 10. FUNDING. Amounts authorized to be appropriated for fiscal year 2015 and available for operation and maintenance for the Army may be available for the activities of the Commission under this Act.

National Commission on the Future of the Army Act of 2014 - Prohibits the use of funds made available for FY2015 for the Army to: (1) reduce Army personnel below the authorized fiscal year end strengths of 450,000 for active duty personnel of the Army, 345,000 for the Army National Guard, and 195,000 for the Army Reserve; or (2) divest, retire, or transfer any AH-64 Apache aircraft assigned to units of the Army National Guard as of January 15, 2014, or to reduce related personnel below the levels of such personnel as of September 30, 2014. Directs the Secretary of the Army to ensure the continuing readiness of the AH-64 Apache aircraft and crews during FY2015. Permits the use of such funds, after the Commission established by this Act submits its interim report, to prepare for the transfer of not more than 72 AH-64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense (DOD) certifies that such a transfer would not: (1) degrade the strategic depth or regeneration capacities of the Army, (2) degrade the Army National Guard in its role as the combat reserve of the Army, and (3) occur before October 1, 2014. Establishes the National Commission on the Future of the Army, which shall: (1) undertake a comprehensive study of the structure of the Army and policy assumptions related to its size and force mixture in order to make recommendations on how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources, and (2) submit a final report to the President and the congressional defense committees by February 1, 2016. Directs the Commission to study and submit an interim report on the feasibility and advisability of a partial transfer of Army National Guard AH-64 Apache aircraft from the Army National Guard to the regular Army.

{"src": "billsum_train", "title": "National Commission on the Future of the Army Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Information Technology and Privacy Advancement Act of 2007''. SEC. 2. POLICY AND PURPOSES. (a) Policy.--Congress declares that it is the policy of the United States to establish, as expeditiously as practicable, a health information technology and privacy system, which should-- (1) be responsive to public needs and national objectives; (2) serve the health care needs of the United States; and (3) contribute to improved health care quality and lower costs. (b) Purposes.--It is the purpose of this Act to-- (1) provide for the establishment of a health information technology and privacy system through which new and expanded health care information services will be made available as promptly as possible in a manner that provides national coverage at the earliest practicable date; (2) in carrying out the system described in paragraph (1), provide technology services to economically less developed areas as well as those more highly developed, and provide for the efficient and economical use of health care information and protect the confidentiality and security of information within this new technology; (3) in order to facilitate the development of the system and provide for the widest possible participation by private enterprise in the system, establish a private nonprofit corporation, subject to appropriate Federal regulation, to administer the system; and (4) ensure that-- (A) all authorized users of the system have nondiscriminatory access to the system; (B) effective competition be maintained in the provision of equipment and services utilized by the system; (C) the corporation established under this Act is organized and operated so as to maintain and strengthen competition in the provision of health information services to the public; and (D) the activities of the corporation and of the persons or companies participating in the ownership of the corporation is consistent with the Federal antitrust laws. (c) Limitation.--Congress declares that it is not the policy of this Act to preclude the private development of health information technologies. SEC. 3. DEFINITIONS. In this Act: (1) Authorized health insurers.--The term ``authorized health insurers'' means health insurance issuers (as defined in section 2791 of the Public Health Service Act) and includes payors for services provided under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.). (2) Authorized providers.--The term ``authorized providers'' means duly licensed or certified health care providers. (3) Corporation.--The term ``corporation'' means the corporation authorized by section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) System.--The term ``system'' means the system of health information and technology established under this Act, with secure retention and sharing among authorized providers, who have access to analytic support to identify and enhance areas where improved quality of care may lower cost, and result in reimbursement rates that can better reflect optimal health care delivery. SEC. 4. FEDERAL COORDINATION, PLANNING, AND REGULATION. (a) Actions by the Secretary.--In order to achieve the policy and carry out the purposes of this Act, the Secretary shall-- (1) provide Federal governmental assistance in the planning and development, and provide for the implementation of, a national program for the establishment and operation, as expeditiously as possible, of a national health information technology and privacy system; (2) provide for the continuous review of all phases of the development and operation of the system, including the activities of the corporation; (3) provide for the coordination of the activities of Federal agencies with responsibilities relating to health care information technology, so as to ensure that there is a full and effective compliance at all times with the policies and procedures established under this Act; (4) exercise such supervision over the relationship of the corporation with State and local entities or other entities as may be appropriate to ensure that such relationships shall be consistent with the national interest and policy of the United States as expressed in this Act; (5) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (6) provide for incentives for physicians to engage in electronic patient-provider interactions. (b) Other Federal Agencies.--The Administrator of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, the Director of the National Institutes of Health, the chief executive officer of the Veterans Health Administration, and the heads of other relevant Federal agencies, shall, upon request of the corporation-- (1) provide advice to the corporation concerning the technical characteristics of the system; (2) provide assistance to the corporation in the conduct of research and development activities relating to the system, including by furnishing to the corporation, upon request, on a reimbursable basis, such services as determined necessary for the most expeditious and economical development of the system; and (3) to the extent feasible, furnish other services, on a reimbursable basis, to the corporation in connection with the establishment and operation of the system. (c) Actions by the Corporation.--The corporation shall-- (1) develop plans for the technical specifications of all elements of the system, pursuant to the activities described under section 5(f); (2) ensure effective competition, including the use of competitive bidding where appropriate, in the procurement by the corporation of apparatus, equipment, and services required for the establishment and operation of the system; (3) ensure that eligible health care providers have equitable and nondiscriminatory access to-- (A) the system in a manner that provides for the payment of reasonable assessment for such use consistent with the ability to pay and the savings and benefits to be anticipated; (B) relevant classifications, practices, regulations, and other terms and conditions relating to the use of the system; and (C) available facilities of the system pursuant to regulations relating to the allocation of such facilities among the users thereof; (4) ensure that the facilities of the system are technically compatible and operationally interconnected with each other and facilitate interoperability among health information systems; (5) prescribe such accounting regulations and systems and, after public hearing and deliberation, engage in such ratemaking procedures as will ensure that any savings made possible by the system are appropriately reflected in rates for access to system services, by license or otherwise for those who utilize or benefit from the system, including the health insurance industry; (6) obtain the approval of the Secretary for the implementation of technical and privacy protection characteristics relating to the operation of the system; (7) authorize, construct, and operate such system facilities, networks, and programs as will best serve the public interest, convenience, and necessity, as determined after consultation with the Secretary; and (8) to the extent feasible, ensure that the system is compatible and interoperable with pre-existing health information technology equipment and systems. (d) Office of the National Coordinator for Health Information Technology.-- (1) In general.--There is established within the Office of the Secretary of Health and Human Services an Office of the National Coordinator for Health Information Technology. The Office shall be headed by a National Coordinator appointed by the President, in consultation with the Secretary of Health and Human Services. The National Coordinator shall report directly to the Secretary. (2) Rule of construction.--Nothing in this subsection shall be construed as requiring the duplication of Federal efforts with respect to the establishment of the Office of the National Coordinator for Health Information Technology, regardless of whether such efforts are carried out before or after the date of the enactment of this Act. SEC. 5. NATIONAL CORPORATION FOR HEALTH INFORMATION TECHNOLOGY AND PRIVACY. (a) Establishment.--There is authorized to be established a nonprofit national health information technology and privacy corporation which shall not be an agency or establishment of the United States. The corporation shall be subject to the provisions of this Act. (b) Incorporation.--Not later than 180 days after the date of enactment of this Act, the President, by and with the advice and consent of the Senate, shall appoint 9 incorporators of the corporation who shall serve as the initial board of directors until their successors are elected in accordance with subsection (c). Such incorporators shall take whatever actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President. (c) Board of Directors.-- (1) In general.--The corporation shall have a bipartisan board of directors that shall consist of 9 individuals who shall be citizens of the United States and be appointed by the President, by and with the advice and consent of the Senate. (2) Terms.--The terms of service of the members of the board of directors shall be 3 years or until such time as their successors have been appointed, except that of the first 9 members of the board appointed under subsection (b), 3 each shall serve for terms of 3, 4, and 5 years, respectively as designated by the President. Any member of the board appointed to fill a vacancy shall be appointed only for the unexpired term of the member which he or she is succeeding. A member may not serve consecutive terms. (3) Chairperson.--The members of the board of directors of the corporation shall at its first meeting and annually thereafter elect a member to serve as the chairperson of the board. (d) Chief Privacy Officer and Other Officers.-- (1) Chief privacy officer.-- (A) In general.--The president of the Corporation, in consultation with the board of directors, shall appoint a chief privacy officer of the corporation to ensure the confidentiality and security of patient medical records. (B) Duties.--The chief privacy officer of the corporation shall-- (i) ensure that the use of technologies by the corporation sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (ii) ensure that personal information contained in any records maintained as part of the technology and privacy system is maintained in full compliance with fair information practices as contained in the Privacy Act of 1974; (iii) evaluate legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government; (iv) Conduct a privacy impact assessment of proposed rules and procedures of the corporation on the privacy of personal information, including the type of personal information collected and the number of individuals affected; and (v) submit annually to Congress a report on activities of the corporation that affect privacy. (2) Other officers.--The corporation shall have a president, and such other officers as may be appointed by the board of directors, who shall be compensated at rates fixed by the board and serve at the pleasure of the board. No officer of the corporation shall receive any salary from any source other than the corporation during the period of employment by the corporation. (e) Financing.--The corporation is authorized to issue bonds, debentures, and such other financings or certificates of indebtedness as the board of directors determines appropriate to carry out its duties under this Act. (f) Authorized Activities.-- (1) General activities.--In order to achieve the objectives and to carry out the purposes of this Act, the corporation is authorized to-- (A) plan, initiate, construct, own, manage, and operate itself or in conjunction with State and local governments or business entities, a national health information technology and privacy system; (B) furnish, for fees where appropriate and subject to licenses and confidentiality and security requirements, access to individuals, and to authorized providers and payers of health care services; (C) specify rules for allowing access (in accordance with applicable privacy laws) to nonidentifiable health care data for public health and research purposes; and (D) own and operate such facilities as may be required to achieve the purposes of this Act. (2) Other activities.--In addition to the activities authorized under paragraph (1), the corporation, to accomplish the purposes of this Act, may-- (A) conduct, or enter into contracts for the conduct of, research and development activities related to the mission of the corporation; (B) acquire the physical facilities, equipment, and devices necessary for the operations of the corporation, including health information technologies and associated equipment and facilities, whether by construction, purchase, or gift; (C) purchase or otherwise acquire health information and related services from the United States Government; and (D) enter into contracts with authorized users of health information, including the United States Government, for the use of the services of the system. SEC. 6. BUSINESS PLAN AND ANNUAL REPORT. (a) Business Plan.--Not later than 6 months after the date on which the corporation is incorporated under section 5, the corporation shall file with the President and Congress its initial business plan. (b) Annual Report.--Not later than 1 year after the date on which the corporation is incorporated under section 5, and each January 1 thereafter, the corporation shall prepare and submit to Congress a report that shall include a comprehensive description of the activities and accomplishments during the year for which the report is prepared under this Act, together with an evaluation of such activities and accomplishments in terms of the attainment of the purposes of this Act. Each such report shall include any recommendations of the corporation for additional legislative or other action which the corporation may consider necessary or desirable for the attainment of such objectives. (c) Audits.--The corporation shall be subject to such external audits as may be determined appropriate by the Secretary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2008 through 2017.

National Health Information Technology and Privacy Advancement Act of 2007 - Requires the Secretary of Health and Human Services to: (1) provide federal governmental assistance to the planning and development of, and provide for the implementation of, a national program for the establishment and operation of a national health information technology and privacy system; (2) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (3) provide for incentives for physicians to engage in electronic patient-provider interactions. Establishes the Office of the National Coordinator for Health Information Technology. Authorizes the establishment of a nonprofit national health information technology and privacy corporation to: (1) plan, initiate, construct, own, manage, and operate a national health information technology and privacy system; (2) furnish access to individuals and to authorized providers and payers of health care services; and (3) specify rules for allowing access to non-identifiable health care data for public health and research purposes.

{"src": "billsum_train", "title": "A bill to provide for the establishment of a health information technology and privacy system."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Dangerous Oil Cars and Ensuring Community Safety Act''. SEC. 2. RETROFITTING OR PHASING-OUT CERTAIN TANK CARS. Section 20155 of title 49, United States Code, is amended to read as follows: ``Sec. 20155. Tank cars ``(a) Retrofitting Requirement.--A rail carrier may not ship any hazardous material in any DOT-111 or non-jacketed CPC-1232 tank car on or after the applicable deadline set forth in subsection (b) unless the tank car has been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail. ``(b) Deadlines.--The deadlines set forth in this subsection are as follows: ``(1) For non-jacketed DOT-111 tank cars carrying materials in Packing Group I, January 1, 2017. ``(2) For jacketed DOT-111 tank cars carrying materials in Packing Group I or II and non-jacketed DOT-111 tank cars carrying materials in Packing Group II, May, 1, 2017. ``(3) For non-jacketed CPC-1232 tank cars carrying materials in Packing Group I, May 1, 2018. ``(4) For non-jacketed CPC-1232 tank cars carrying materials in Packing Group II, May 1, 2019. ``(5) For jacketed CPC-1232 tank cars carrying materials in Packing Group I or II and all tank cars carrying materials in Packing Group III, May 1, 2020. ``(c) Definitions.--In this section, the terms `Packing Group I', `Packing Group II', and `Packing Group III' have the meanings given such terms in section 173.127(b) of title 49, Code of Federal Regulations.''. SEC. 3. CRUDE OIL STABILITY REQUIREMENT. (a) In General.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: ``Sec. 5111. Crude oil volatility standard ``Not later than 1 year after the date of the enactment of the Eliminating Dangerous Oil Cars and Ensuring Community Safety Act, the Secretary of Transportation, in consultation with the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish and begin enforcing a national maximum volatility standard for the transport of crude oil by rail or by barge.''. (b) Clerical Amendment.--Chapter 51 of such title is amended by inserting after the item relating to section 5110 the following: ``5111. Crude oil volatility standard.''. SEC. 4. SPEED RESTRICTIONS FOR TRAINS WITH TANK CARS THAT DO NOT COMPLY WITH FEDERAL SAFETY STANDARDS. (a) DOT-111 Tank Cars.--Any train carrying more than 10 cars, including at least 1 DOT-111 tank car carrying a hazardous material that has not been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail, may not be operated at a speed greater than 40 miles per hour while traveling through a county (or county equivalent) that has a population density of greater than 20 persons per square mile, as determined in the most recent decennial census. (b) Unjacketed CPC-1232 Tank Cars.--Beginning on the date that is 2 years after the date of the enactment of this Act, any train carrying more than 10 cars, including at least 1 non-jacketed CPC-1232 tank car carrying a hazardous material that has not been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail, may not be operated at a speed greater than 40 miles per hour while traveling through a county (or county equivalent) that has a population density of greater than 20 persons per square mile, as determined in the most recent decennial census. SEC. 5. INSPECTIONS. In addition to the track inspections required under sections 213.233 and 213.237 of title 49, Code of Federal Regulations, as of the date of the enactment of this Act, each rail carrier shall conduct, on main line routes that the rail carrier owns or has been assigned maintenance responsibility under section 213.5 of such title, and over which 1 or more high-hazard flammable trains are operated-- (1) 2 additional inspections for internal defects of all rail in Classes 3, 4, and 5 for every 40,000,000 gross tons transported on such lines, or annually, whichever interval is shorter; and (2) 4 track geometry inspections each calendar year. SEC. 6. POSITIVE TRAIN CONTROL REQUIREMENT. Chapter 201 of title 49, United States Code, is amended-- (1) by striking section 20150; and (2) in section 20157-- (A) by redesignating subsection (i) as subsection (j); and (B) by inserting after subsection (h) the following: ``(i) Trains That Carry Crude Oil or Ethanol.--Beginning on December 1, 2018, each rail line over which tank cars carrying crude oil or ethanol travel shall be equipped with a positive train control system.''. SEC. 7. OIL SPILL RESPONSE PLANS. (a) Requirement.--Chapter 209 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20904. Oil spill response plans ``(a) Comprehensive Oil Spill Response Plans.--Each rail carrier that transports crude oil, petroleum, or other hazardous products by rail shall develop comprehensive oil spill response plans, in accordance with part 130 of title 49, Code of Federal Regulations. ``(b) Response Plan Audit Program.--The Administrator of the Federal Railroad Administration shall develop a program to audit response plans for rail carriers of crude oil, petroleum, and other hazardous products to ensure that such plans include comprehensive procedures for-- ``(1) preventing or mitigating a substantial threat of a worst-case discharge of such products resulting from a rail accident or incident; and ``(2) responding to and cleaning up such a discharge.''. (b) Rulemaking.--The Administrator of the Pipeline and Hazardous Materials Safety Administration, in consultation with the Administrator of the Federal Railroad Administration, shall update the regulations contained in part 130 of title 49, Code of Federal Regulations, by revising the spill response planning thresholds to require comprehensive response plans to effectively provide for the carrier's ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. (c) Clerical Amendment.--The table of sections in chapter 209 of title 49, United States Code, is amended by adding at the end the following: ``20904. Oil spill response plans.''. SEC. 8. REPORTING REQUIREMENTS. (a) Close Call Reporting Systems.--Section 20901 of title 49, United States Code, is amended by adding at the end the following: ``(c) Close Call Reporting System.--Each rail carrier shall establish a system through which employees may anonymously report circumstances or incidents that endanger the safety of railroad operations.''. (b) Derailment Reporting Requirement.--Section 20901 of such title, as amended by subsection (a), is further amended by adding at the end the following: ``(d) Derailment Reporting Requirements.-- ``(1) Defined term.--In this subsection, the term `high hazard flammable train' means a train comprised of more than 10 loaded tank cars of a Class 3 flammable liquid. ``(2) Immediate notification.--Immediately after the derailment of any high hazard flammable train operated by a rail carrier, the rail carrier shall provide the Federal Railroad Administration and the county emergency management contact (or equivalent) in the county in which the train derailed with-- ``(A) information about the train, including-- ``(i) the train number; ``(ii) the models of locomotive attached to the train; ``(iii) end-of-train device information; ``(iv) the number and position of tank cars in the train; ``(v) tank car reporting marks; and ``(vi) tank car specifications and relevant attributes, including information related to thermal protection, shell and head thickness, steel specification and grade, head shield, and pressure relief valve setting; ``(B) information contained on the waybill, including the origin and destination of the train, the goods being transported, and the name and contact information for consignors of such goods; ``(C)(i) the safety data sheet for each hazardous chemical being transported by the train, as required under section 1910.1200(g) of title 29, Code of Federal Regulations; or ``(ii) any other documents used to provide comprehensive emergency response and incident mitigation information for Class 3 flammable liquids. ``(3) Subsequent notification.--Not later than 90 minutes after the derailment of any high hazard flammable train operated by a rail carrier, the rail carrier shall provide the Federal Railroad Administration with-- ``(A) the results of any product testing undertaken before transportation that was used to properly characterize the Class 3 flammable liquids for transportation; ``(B) the results from any analysis of product samples taken before being offered into transportation from tank cars involved in the derailment; ``(C) if a flammable liquid is involved in the derailment, the type of liquid and the name and location of the company extracting the material; ``(D) the identification of the company that conducted the initial testing of the material, including sampling and analysis; ``(E) the name and location of the company transporting the material from the well head to the loading facility or terminal; ``(F) the name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation; ``(G) the name of the railroads handling the tank cars at any time from point of origin to destination; and ``(H) a timeline of handling changes between railroads.''.

Eliminating Dangerous Oil Cars and Ensuring Community Safety Act This bill replaces general requirements for design standards of the Federal Railroad Administration (FRA) for pressurized tank cars with a retrofitting requirement for certain tank cars. No rail carrier may ship on or after a specified deadline any hazardous material (hazmat) in any tank car under DOT-111 (Department of Transportation specification for a non-pressurized rail tank car) or non-jacketed Casualty Prevention Circular (CPC)-1232 (new rail tank car standards for transporting crude oil or ethanol), unless the tank car has been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail. DOT shall establish and begin enforcing a national maximum volatility standard for the transport of crude oil by rail or by barge. The bill sets a maximum speed for any train carrying more than 10 cars, including at least one hazmat-carrying DOT-111 or unjacketed CPC-1232 tank car that has not been so retrofitted, of 40 miles per hour while traveling through a county (or county equivalent) with a population density of greater than 20 persons per square mile. In addition to certain other required track inspections, each rail carrier shall conduct, on main line routes it owns or for which it has been assigned maintenance responsibility, and over which 1 or more high-hazard flammable trains are operated: 2 additional inspections for internal defects of all rail in Classes 3, 4, and 5 for every 40,000,000 gross tons transported on such lines, or annually, whichever interval is shorter; and 4 track geometry inspections each calendar year. Beginning on December 1, 2018, each rail line over which tank cars carrying crude oil or ethanol travel shall be equipped with a positive train control system. Each rail carrier that transports crude oil, petroleum, or other hazardous products by rail shall develop comprehensive oil spill response plans. The FRA shall develop a program to audit such response plans to ensure that they include comprehensive procedures for: preventing or mitigating a substantial threat of a worst-case discharge of such products resulting from a rail accident or incident, and responding to and cleaning up such a discharge. The Pipeline and Hazardous Materials Safety Administration shall revise specified spill response planning thresholds to require comprehensive response plans to effectively provide for a carrier's ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. Each rail carrier shall: establish a system through which employees may anonymously report circumstances or incidents that endanger the safety of railroad operations, and provide specified information to the FRA and the county emergency management contact (or equivalent) immediately after the derailment of any high hazard flammable train the carrier operates.

{"src": "billsum_train", "title": "Eliminating Dangerous Oil Cars and Ensuring Community Safety Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Rural Small Business Act of 2017''. SEC. 2. FLEXIBILITY FOR RESIDENCY IN HUBZONES. Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended by striking ``35 percent'' each place that term appears and inserting ``33 percent''. SEC. 3. ENABLING LOCAL COMMUNITIES TO MAXIMIZE ECONOMIC POTENTIAL. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 3(p)(1) (15 U.S.C. 632(p)(1))-- (A) in subparagraph (E), by striking ``or'' at the end; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) another qualified area designated by the Administrator under section 31(d); or''; and (2) in section 31 (15 U.S.C. 657a)-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: ``(d) Other Qualified Areas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered area' means an area in a State-- ``(i) that is located outside of an urbanized area, as determined by the Bureau of the Census; and ``(ii) with a population of not more than 50,000; ``(B) the term `governor' means the chief executive of a State; and ``(C) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(2) Designation.--A governor may petition the Administrator to designate one or more covered areas as a HUBZone if the average unemployment rate of each covered area for which the designation is sought is not less than 120 percent of the average unemployment rate of the United States or of the State in which the covered area is located, whichever is less, based on the most recent data available from the American Community Survey conducted by the Bureau of the Census. ``(3) Criteria.--In reviewing a petition submitted by a governor under paragraph (2), the Administrator may consider-- ``(A) the potential for job creation and investment; ``(B) the demonstrated interest of small business concerns in the covered area to participate in the HUBZone program established under this section 31; and ``(C) the consideration by State and local government officials of a HUBZone as part of an economic development strategy. ``(4) Petition.--With respect to a petition submitted by a governor to the Administrator under paragraph (2)-- ``(A) the governor may submit not more than 1 petition in a fiscal year unless the Administrator determines that an additional petition from the State of the governor is appropriate; ``(B) the governor may not submit a petition for more than 10 percent of the total number of covered areas in the State of the governor; and ``(C) if the Administrator grants the petition and designates one or more covered areas as a HUBZone, the governor shall, not less frequently than annually, submit data to the Administrator certifying that each covered area designated by the Administrator continues to meet the requirements of clauses (i) and (ii) of paragraph (1)(A). ``(5) Process.--The Administrator shall establish procedures-- ``(A) to ensure that the Administration accepts petitions under paragraph (2) from all States each fiscal year; and ``(B) to provide technical assistance, before the filing of a petition under paragraph (2), to a governor who is interested in filing such a petition.''. SEC. 4. ENSURING TIMELY CONSIDERATION OF HUBZONE APPLICATIONS. Section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by adding at the end the following: ``(C) Review of applications.--Not later than 60 days after the date on which the Administrator receives an application from a small business concern to be certified as a qualified HUBZone small business concern under subparagraph (A)(i), the Administrator shall approve or deny the application.''.

Invest in Rural Small Business Act of 2017 (Sec. 2) This bill amends the Small Business Act to modify the definition of qualified Historically Underutilized Business Zone (HUBZone) small business concern to reduce from 35% to 33% the number of a small firm's employees required to live within a HUBZone. (Sec. 3) The HUBZone program is expanded to include a qualified area located outside of an urbanized area with a population of 50,000 or less (covered area) designated by the Small Business Administration (SBA) in response to a petition by the governor of a state, the District of Columbia, or a U.S. territory. The SBA may designate, in response to a governor's petition, only a covered area for which the designation is sought that has an average unemployment rate at least 120% of the average U.S. or state unemployment rate, whichever is less. In reviewing such petition, the SBA may consider: the potential for job creation and investment; the demonstrated interest of small business concerns in the covered area to participate in such HUBZone program; and the consideration by state and local government officials of a HUBZone as part of an economic development strategy. The governor: is limited to submitting one petition in a fiscal year unless the SBA determines that an additional petition from the governor's state is appropriate; may not submit a petition for more than 10% of the total number of covered areas in the state; and shall at least annually submit data to the SBA certifying that each covered area designated continues to meet the requirements of this bill. The SBA shall establish procedures to ensure that it accepts petitions from all states each fiscal year and gives an interested governor technical assistance before a petition is filed. (Sec. 4) The SBA must approve or deny, within 60 days upon receipt, a small business concern's application for certification as a qualified HUBZone small business concern.

{"src": "billsum_train", "title": "Invest in Rural Small Business Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Rail Line Relocation Assistance Act of 2001''. SEC. 2. RAIL LINE RELOCATION GRANT PROGRAM. (a) Establishment.-- (1) Authority.--Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following: ``Sec. 207. Capital grants for rail line relocation projects ``(a) Establishment of Program.--The Secretary shall carry out a grant program to provide financial assistance for local rail line relocation projects. ``(b) Eligibility.--A State is eligible for a grant under this section for any project for the improvement of the route or structure of a rail line passing through a municipality of the State that-- ``(1) is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, or economic development in the municipality; ``(2) involves a lateral or vertical relocation of any portion of the rail line within the municipality to avoid a closing of a grade crossing or the construction of a road underpass or overpass; and ``(3) meets the costs-benefits requirement set forth in subsection (c). ``(c) Costs-Benefits Requirement.--A grant may be awarded under this section for a project for the relocation of a rail line only if the benefits of the project for the period equal to the estimated economic life of the relocated rail line exceed the costs of the project for that period, as determined by the Secretary considering the following factors: ``(1) The effects of the rail line and the rail traffic on motor vehicle and pedestrian traffic, safety, and area commerce if the rail line were not so relocated. ``(2) The effects of the rail line, relocated as proposed, on motor vehicle and pedestrian traffic, safety, and area commerce. ``(3) The effects of the rail line, relocated as proposed, on the freight and passenger rail operations on the rail line. ``(d) Considerations for Approval of Grant Applications.--In addition to considering the relationship of benefits to costs in determining whether to award a grant to an eligible State under this section, the Secretary shall consider the following factors: ``(1) The capability of the State to fund the rail line relocation project without Federal grant funding. ``(2) The requirement and limitation relating to allocation of grant funds provided in subsection (e). ``(3) Equitable treatment of the various regions of the United States. ``(e) Allocation Requirements.-- ``(1) Projects under $20,000,000.--At least 50 percent of all grant funds awarded under this section out of funds appropriated for a fiscal year shall be provided for rail line relocation projects that have an estimated project cost of less than $20,000,000 each. ``(2) Limitation per project.--Not more than 25 percent of the total amount available for carrying out this section for a fiscal year may be provided for any one project in that fiscal year. ``(f) Federal Share.--The total amount of a grant awarded under this section for a rail line relocation project shall be 90 percent of the shared costs of the project, as determined under subsection (g)(4). ``(g) State Share.-- ``(1) Percentage.--A State shall pay 10 percent of the shared costs of a project that is funded in part by a grant awarded under this section. ``(2) Forms of contributions.--The share required by paragraph (1) may be paid in cash or in kind. ``(3) In-kind contributions.--The in-kind contributions that are permitted to be counted under paragraph (2) for a project for a State are as follows: ``(A) A contribution of real property or tangible personal property (whether provided by the State or a person for the State). ``(B) A contribution of the services of employees of the State, calculated on the basis of costs incurred by the State for the pay and benefits of the employees, but excluding overhead and general administrative costs. ``(C) A payment of any costs that were incurred for the project before the filing of an application for a grant for the project under this section, and any in- kind contributions that were made for the project before the filing of the application, if and to the extent that the costs were incurred or in-kind contributions were made, as the case may be, to comply with a provision of a statute required to be satisfied in order to carry out the project. ``(4) Costs not shared.-- ``(A) In general.--For the purposes of subsection (f) and this subsection, the shared costs of a project in a municipality do not include any cost that is defrayed with any funds or in-kind contribution that a source other than the municipality makes available for the use of the municipality without imposing at least one of the following conditions: ``(i) The condition that the municipality use the funds or contribution only for the project. ``(ii) The condition that the availability of the funds or contribution to the municipality is contingent on the execution of the project. ``(B) Determinations of the secretary.--The Secretary shall determine the amount of the costs, if any, that are not shared costs under this paragraph and the total amount of the shared costs. A determination of the Secretary shall be final. ``(h) Multistate Agreements To Combine Amounts.--Two or more States (not including political subdivisions of States) may, pursuant to an agreement entered into by the States, combine any part of the amounts provided through grants for a project under this section if-- ``(1) the project will benefit each of the States entering into the agreement; and ``(2) the agreement is not a violation of a law of any such State. ``(i) Regulations.--The Secretary shall prescribe regulations for carrying out this section. ``(j) State Defined.--In this section, the term `State' includes, except as otherwise specifically provided, a political subdivision of a State. ``(k) Authorization of Appropriations.--Funds are hereby authorized to be appropriated from the general fund of the Treasury for carrying out this section for fiscal years and in amounts as follows: ``(1) For fiscal year 2001, $250,000,000. ``(2) For fiscal year 2002, $500,000,000. ``(3) For fiscal year 2003, $500,000,000. ``(4) For fiscal year 2004, $500,000,000. ``(5) For fiscal year 2005, $500,000,000. ``(6) For fiscal year 2006, $500,000,000.''. (2) Table of sections.--The table of sections at the beginning of chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 206 the following: ``207. Capital grants for rail line relocation projects.''. (b) Regulations.-- (1) Interim regulations.--Not later than December 31, 2001, the Secretary of Transportation shall issue temporary regulations to implement the grant program under section 207 of title 23, United States Code, as added by subsection (a). Subchapter II of chapter 5 of title 5, United States Code, shall not apply to the issuance of a temporary regulation under this paragraph or of any amendment of such a temporary regulation. (2) Final regulations.--Not later than October 1, 2002, the Secretary shall issue final regulations implementing the program.

Community Rail Line Relocation Assistance Act of 2001 - Amends Federal highway law to direct the Secretary of Transportation to carry out a grant program to provide financial assistance to States for up to 90 percent of the cost of local rail line relocation projects.

{"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to require the Secretary of Transportation to carry out a grant program for providing financial assistance for local rail line relocation projects, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Broadband and Emerging Information Technology Enhancement Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a report by the Federal Communications Commission entitled ``Connecting America: The National Broadband Plan'', dated March 2010, the Commission recommends that-- (A) ``To fully implement next-generation technology within its operations, the SBA should also appoint a broadband and emerging IT coordinator. This individual would ensure that SBA programs maintain the requisite broadband expertise, tools and training courses to serve small businesses.''; (B) ``Congress should consider ways to leverage existing assistance provided through'' entrepreneurial development programs, ``to focus training on advanced IT and broadband applications''; (C) ``Congress could also consider ways to support technology training among women entrepreneurs through'' women's business centers; (D) ``The training programs should include an entry-level `Broadband 101' course to give small businesses an introduction to how to capitalize on broadband connectivity, as well as more advanced applications for IT staff.''; and (E) small- and medium-enterprise ``IT training should include resources for non-IT staff, such as how to use e-commerce tools for sales, streamline finance with online records or leverage knowledge management across an organization.''. (2) According to a report by the Broadband Opportunity Council, dated August 20, 2015, the availability of and access to broadband technology enables-- (A) greater civic participation, by providing tools for open government and streamlining government process; (B) changes in how people access educational resources, collaborate in the educational process, conduct research, and continue to learn anytime, anyplace, and at any pace; (C) improved healthcare access, treatments, and information; (D) new business models that create business efficiencies, drive job creation, and connect manufacturers and store-fronts to clients and partners worldwide; and (E) bringing communities together and improvements to public safety, creating a greener planet, and make transportation systems more resilient and efficient. (3) According to a report entitled ``The State of the App Economy'', dated October 2014-- (A) ``More than three-quarters of the highest grossing apps are produced by startups and small companies.''; and (B) ``Seventy-eight percent of the leading app companies are located outside Silicon Valley.''. (4) According to a report entitled, ``Developer Economics Q1 2015: State of the Developer Nation'', dated February 2015, ``The emergence of the app industry over the past eight years has grown to a $120 billion economy.''. SEC. 3. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. BROADBAND AND EMERGING INFORMATION TECHNOLOGY. ``(a) Definitions.--In this section-- ``(1) the term `Associate Administrator' means the Associate Administrator for the Office of Investment and Innovation; and ``(2) the term `broadband and emerging information technology coordinator' means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1). ``(b) Assignment of Coordinator.-- ``(1) Assignment of coordinator.--The Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who-- ``(A) shall report to the Associate Administrator; ``(B) shall work in coordination with-- ``(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and ``(ii) any other Associate Administrator of the Administration determined appropriate by the Associate Administrator; ``(C) has experience developing and implementing telecommunications policy in the private sector or government; and ``(D) has demonstrated significant experience in the area of broadband or emerging information technology. ``(2) Responsibilities of coordinator.--The broadband and emerging information technology coordinator shall-- ``(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies; ``(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission; ``(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and ``(D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging technologies. ``(3) Travel.--Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties. ``(c) Broadband and Emerging Technology Training.-- ``(1) Training.--The Associate Administrator shall provide to employees of the Administration training that-- ``(A) familiarizes employees of the Administration with broadband and other emerging information technologies; ``(B) includes-- ``(i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and ``(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and ``(C) to the maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D). ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(d) Reports.-- ``(1) Biennial report on activities.--Not later than 2 years after the date on which the Associate Administrator makes the first designation of an employee under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies. ``(2) Impact of broadband speed and price on small businesses.-- ``(A) In general.--Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of broadband speed and price on small business concerns. ``(B) Report.--Not later than 3 years after the date of enactment of the Small Business Broadband and Emerging Information Technology Enhancement Act of 2015, the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including-- ``(i) a survey of broadband speeds available to small business concerns; ``(ii) a survey of the cost of broadband speeds available to small business concerns; ``(iii) a survey of the type of broadband technology used by small business concerns; and ``(iv) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States.''. SEC. 4. ENTREPRENEURIAL DEVELOPMENT. Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended-- (1) in the matter preceding clause (i), by inserting ``accessing broadband and other emerging information technology,'' after ``technology transfer,''; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;''.

Small Business Broadband and Emerging Information Technology Enhancement Act of 2015 This bill amends the Small Business Act to direct the Small Business Administration (SBA) Office of Investment and Innovation to designate a senior employee to serve as the broadband and emerging information technology (BEIT) coordinator. The Office must also provide SBA employees BEIT training to assist small businesses in the use of such technologies. The SBA Chief Counsel for Advocacy shall evaluate the impact of broadband speed and price on small businesses. Services provided by a small business development center shall include accessing and using BEIT as an authorized activity of small business development centers.

{"src": "billsum_train", "title": "Small Business Broadband and Emerging Information Technology Enhancement Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Food for Healthy Lives Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an eligible hospital; or (B) an eligible organization. (2) Eligible hospital.--The term ``eligible hospital'' means-- (A) a medical center or nursing home operated by the Department of Veterans Affairs; or (B) any other nonprofit hospital or other nonprofit inpatient healthcare institution. (3) Eligible organization.--The term ``eligible organization'' means a social service organization providing nutrition services, including Meals on Wheels. (4) Eligible product.--The term ``eligible product'' means an agricultural product that-- (A) is offered by a participating vendor; (B) is fresh, dried, frozen, or packaged in a manner that maximizes retention of nutrient density; (C) is grown, stored, or transported in a manner that maximizes retention of nutrient density; and (D) is a locally or regionally produced agricultural food product that is stored and processed locally, and, to the maximum extent practicable, reflects local preferences. (5) Locally or regionally produced agricultural food product.--The term ``locally or regionally produced agricultural food product'' means any agricultural food product that is raised, produced, and distributed in-- (A) the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product; or (B) the State in which the product is produced. (6) Participating vendor.-- (A) In general.--The term ``participating vendor'' means a local or regional distributor of eligible products that is approved under section 3(d)(1). (B) Inclusion.--The term ``participating vendor'' includes an agricultural producer. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. DEMONSTRATION GRANTS FOR HOSPITALS, DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS, AND NUTRITION PROGRAMS. (a) In General.--The Secretary shall establish a program under which the Secretary shall provide demonstration grants to eligible entities to purchase eligible products from participating vendors to improve the availability of nutritious meals from local sources for-- (1) patients of, employees of, and visitors to eligible hospitals; and (2) clients of eligible organizations. (b) Coordination.--The Secretary shall coordinate the provision of demonstration grants under subsection (a) with-- (1) the Secretary of Veterans Affairs, for purposes of grants to an eligible entity described in section 2(2)(A); and (2) the Secretary of Health and Human Services, for purposes of grants to any other eligible entity. (c) Agreements.-- (1) In general.--The Secretary, acting through any regional procurement offices of the Department of Agriculture that the Secretary determines to be appropriate, shall carry out a program under which the Secretary shall enter into agreements with participating vendors to supply eligible products to eligible entities. (2) Funds.--Eligible products supplied under an agreement entered into under paragraph (1) shall be purchased by eligible entities using funds that are provided through demonstration grants under this section. (d) Approval of Participating Vendors.-- (1) In general.--A local or regional distributor of eligible products that seeks to supply eligible products to eligible entities under this section shall apply to the Secretary for approval as a participating vendor. (2) Conditions for approval.--The Secretary shall approve an application submitted under paragraph (1) if the local or regional distributor of eligible products-- (A) demonstrates the ability to supply eligible products; (B) complies with Federal food safety laws (including regulations); (C) consistently provides products that meet standards of grade, size, freshness, and quality as required by the Secretary or local procurement officer; and (D) demonstrates the ability to supply and purchase eligible products at a fair price from local growers and processors. (e) Grant Applications.-- (1) Application process.-- (A) In general.--To be eligible to receive a grant to purchase eligible products from participating vendors under this section, an eligible entity shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (B) Priority.--In providing grants under this section, the Secretary shall give priority to eligible entities with demonstrated commitment to developing organizational food and nutrition policies that incorporate locally or regionally produced agricultural food products. (2) Additional requirements for eligible organizations.--In addition to the information required under paragraph (1), an eligible organization shall include in a grant application under that paragraph-- (A) certification of the nonprofit status of the eligible organization; and (B) evidence of the demonstrated ability of the eligible organization to provide nutrition services. (f) Monitoring.-- (1) In general.--The Secretary shall develop and implement a system for monitoring-- (A) participating vendors; and (B) grants provided under this section. (2) Certification.--A monitoring system developed under this subsection may include a requirement for a participating vendor to obtain certification in accordance with a program-- (A) that is designed by the Secretary; and (B) under which the Secretary may require payments from participating vendors for the certification process. (g) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2009 through 2013-- (1) $10,000,000 to provide grants to eligible hospitals described in section 2(2)(A); (2) $10,000,000 to provide grants to eligible hospitals described in section 2(2)(B); and (3) $5,000,000 to provide grants to eligible organizations. SEC. 4. REPORT ON FRESH FOODS IN FEDERALLY FUNDED HEALTH AND SOCIAL SERVICE PROGRAMS. Not later than 2 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Health and Human Services and the heads of other applicable Federal agencies, shall submit to the appropriate committees of Congress a report that provides recommendations for ways in which-- (1) health care institutions and social service organizations could increase the use of nutritious, local agricultural products in nutrition and food service programs; and (2) the Federal Government could provide technical assistance for and support the activities recommended under paragraph (1).

Healthy Food for Healthy Lives Act of 2008 - Directs the Secretary of Agriculture to provide demonstration grants to eligible entities to purchase eligible local or regional products from participating vendors to improve the availability of nutritious meals for: (1) patients and employees of, and visitors to, eligible hospitals, including Department of Veterans Affairs (VA) medical and nursing facilities; and (2) clients of eligible social service organizations that provide nutrition services.

{"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to provide grants to hospitals and other nonprofit inpatient healthcare institutions, Department of Veterans Affairs medical centers, and other social service programs for the acquisition of local nutritious agricultural products."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shivwits Plateau National Conservation Area Establishment Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Shivwits Plateau National Conservation Area to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the landscapes, native wildlife and vegetation, and prehistoric, historic, scenic, and traditional human values of the conservation area (including ranching, hunting, sightseeing, camping and hiking). SEC. 3. DEFINITIONS. In this Act: (1) Conservation area.--The term ``conservation area'' means the Shivwits Plateau National Conservation Area established by section 2. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. SEC. 4. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL CONSERVATION AREA, ARIZONA. (a) In General.--There is established the Shivwits Plateau National Conservation Area in the State of Arizona. (b) Areas Included.--The Shivwits Plateau National Conservation Area shall be comprised of approximately 381,800 acres of land administered by the Secretary in Mohave County, Arizona, as generally depicted on the map entitled ``Shivwits Plateau National Conservation Area--Proposed'', numbered ____, dated ____. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the conservation area. (2) Force and effect.--The map and legal description shall have the same force and effect as if included in this Act. (3) Public availability.--Copies of the map and legal description shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in Arizona. SEC. 5. MANAGEMENT OF CONSERVATION AREA. (a) In General.--The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances all of the values specified in section 2 under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), this Act, and other applicable law. (b) Hunting and Fishing.--The Secretary shall permit hunting and fishing in the conservation area in accordance with the laws of the State of Arizona. (c) Grazing.-- (1) In general.--The Secretary shall permit the grazing of livestock in the conservation area. (2) Applicable law.--The Secretary shall ensure that grazing in the conservation area is conducted in accordance with all laws (including regulations) that apply to the issuance and administration of grazing leases on other land under the jurisdiction of the Bureau of Land Management. (d) Forest Restoration.--The Secretary shall develop and carry out forest restoration projects on Ponderosa Pine forests and Pinion- Juniper forests in the conservation area, with the goal of restoring the land in the conservation area to presettlement condition. (e) Advisory Committee.-- (1) Establishment.--The Secretary shall establish an advisory committee for the conservation area, to be known as the ``Shivwits Plateau National Conservation Area Advisory Committee'', the purpose of which shall be to advise the Secretary with respect to the preparation and implementation of the management plan required by section 6. (2) Representation.--The advisory committee shall be comprised of 9 members appointed by the Secretary, of whom-- (A) 1 shall be a grazing permittee in good standing with the Bureau of Land Management who has maintained a grazing allotment within the boundaries of the conservation area for not less than 5 years; (B) 1 shall be the chairperson of the Kaibab Band of Paiute Indians; (C) 1 shall be an individual with a recognized background in ecological restoration, research, and application, to be appointed from among nominations made by Northern Arizona University; (D) 1 shall be the Arizona State Land Commissioner; (E) 1 shall be an Arizona State Game and Fish Commissioner; (F) 1 shall be an official of the State of Utah (other than an elected official), to be appointed from among nominations made by the Arizona Strip Regional Planning Task Force; (G) 1 shall be a representative of a recognized environmental organization; (H) 1 shall be a local elected official from the State of Arizona, to be appointed from among nominations made by the Arizona Strip Regional Planning Task Force; and (I) 1 shall be a local elected official from the State of Utah, to be appointed from among nominations made by the Arizona Strip Regional Planning Task Force. (3) Terms.-- (A) In general.--A member of the advisory committee shall be appointed for a term of 3 years, except that, of the members first appointed, 3 members shall be appointed for a term of 1 year and 3 members shall be appointed for a term of 2 years. (B) Reappointment.--A member may be reappointed to serve on the advisory committee on expiration of the member's term. SEC. 6. MANAGEMENT PLAN. (a) Existing Management Plans.--The Secretary shall manage the conservation area under resource management plans in effect or the date of enactment of this Act, including the Arizona Strip Resource Management Plan, the Parashant Interdisciplinary Plan, and the Mt. Trumbull Interdisciplinary Plan. (b) Future Management Plans.-- Future revisions of management plans for the conservation area shall be adopted in compliance with the goals and objectives of this Act. SEC. 7. ACQUISITION OF LAND. (a) In General.--The Secretary may acquire State or private land or interests in land within the boundaries of the conservation area only by-- (1) donation; (2) purchase with donated or appropriated funds from a willing seller; or (3) exchange with a willing party. (b) Exchanges.-- (1) In general.--During the 2-year period beginning on the date of enactment of this Act, the Secretary shall make a diligent effort to acquire, by exchange, from willing parties all State trust lands, subsurface rights, and valid mining claims within the conservation area. (2) Inverse condemnation.--If an exchange requested by a property owner is not completed by the end of the period, the property owner that requested the exchange may, at any time after the end of the period-- (A) declare that the owner's State trust lands, subsurface rights, or valid mining claims within the conservation area have been taken by inverse condemnation; and (B) seek compensation from the United States in United States district court. (c) Valuation of Private Property.-- (1) In general.--The United States shall pay the fair market value for any property acquired under this section. (2) Assessment.--The value of the property shall be assessed as if the conservation area did not exist. SEC. 8. MINERAL ASSESSMENT PROGRAM AND RELATIONSHIP TO MINING LAWS. (a) Assessment Program.--Not later than 2 years after the date of enactment of this Act, the Secretary shall assess the oil, gas, coal, uranium, and other mineral potential on Federal land in the conservation area. (b) Peer Review.--The mineral assessment program shall-- (1) be subject to review by the Arizona State Department of Mines and Mineral Resources; and (2) shall not be considered to be complete until the results of the assessment are approved by the Arizona State Department of Mines and Mineral Resources. (c) Relation to Mining Laws.--Subject to valid existing rights, the public land within the conservation area is withdrawn from mineral location, entry, and patent under chapter 6 of the Revised Statutes (commonly known as the ``General Mining Law of 1872'') (30 U.S.C. section 21 et seq.). (d) Mineral leasing.--The Secretary shall permit the removal of-- (1) nonleasable minerals from land or an interest in land within the national conservation area in the manner prescribed by section 10 of the Act of August 4, 1939 (43 Stat. 38); and (2) leasable minerals from land or an interest in lands within the conservation area in accordance with the Act of February 25, 1920 (commonly known as the ``Mineral Lands Leasing Act of 1920'') (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.). (e) Disposition of Funds From Permits and Leases.-- (1) Receipts from permits and leases.--Receipts derived from permits and leases issued on land in the conservation area under the Act of February 25, 1920 (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), shall be disposed of as provided in the applicable Act. (2) Receipts from disposition of nonleasable minerals.-- Receipts from the disposition of nonleasable minerals within the conservation area shall be disposed of in the same manner as proceeds of the sale of public land. SEC. 9. EFFECT ON WATER RIGHTS. Nothing in this Act-- (1) establishes a new or implied reservation to the United States of any water or water-related right with respect to land included in the conservation area; or (2) authorizes the appropriation of water, except in accordance with the substantive and procedural law of the State of Arizona. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Requires the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to manage the conservation area. Permits hunting, fishing, and livestock grazing in the area. Directs the Secretary to develop and carry out forest restoration projects on Ponderosa pine and Pinion-Juniper forests in the area, with the goal of restoring the land to presettlement condition. Establishes the Shivwits Plateau National Conservation Area Advisory Committee to advise on the preparation and implementation of the management plan. Requires the Secretary to manage the conservation area under resource management plans in effect on this Act's enactment date. Describes procedures for the acquisition of State or private lands within the conservation area. Requires the Secretary to assess the oil, gas, coal, and other mineral potential on Federal land in the conservation area. Subjects the mineral assessment program to review and approval by the Arizona State Department of Mines and Mineral Resources. Withdraws public land within the conservation area from mineral location, entry, and patent under the General Mining Law of 1872. Permits the removal of minerals from the conservation area in accordance with specified existing laws. Authorizes appropriations.

{"src": "billsum_train", "title": "Shivwits Plateau National Conservation Area Establishment Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Economic Stimulus Act of 2008''. SEC. 2. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL SECURITY OR CERTAIN VETERANS BENEFITS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL SECURITY OR CERTAIN VETERANS BENEFITS. ``(a) In General.--In the case of an eligible individual who is an eligible social security or veterans benefit recipient, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2008 an amount equal $300 ($600 in the case of a joint return). ``(b) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(c) Limitation Based on Adjusted Gross Income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible social security or veterans benefit recipient.--The term `eligible social security or veterans benefit recipient' means, with respect to any taxable year, any taxpayer who-- ``(A) received, during such taxable year-- ``(i) a social security benefit (as defined in section 86(d)), ``(ii) or any compensation or pension received under chapter 11, 13, or 15 of title 38, United States Code, and ``(B) has earned income which is less than $3,000. ``(2) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any nonresident alien individual, ``(B) 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, and ``(C) an estate or trust. ``(3) Earned income.--The term `earned income' has the meaning set forth in section 32(c)(2) except that-- ``(A) subclause (II) of subparagraph (B)(vi) thereof shall be applied by substituting `January 1, 2009' for `January 1, 2008', and ``(B) such term shall not include net earnings from self-employment which are not taken into account in computing taxable income. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (f). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) 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. ``(f) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2007 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 advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if this section (other than subsection (e) and this subsection) had applied to such taxable year. ``(3) Timing of payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this section.''. (b) Treatment of Possessions.-- (1) Mirror code possession.--The Secretary of the Treasury shall make a payment to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of the amendments made by this section. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Other possessions.--The Secretary of the Treasury shall make a payment to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 6431 of the Internal Revenue Code of 1986 (as added by this section). (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 6431'' after ``section 35''. (2) The table of contents for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. 2008 recovery rebates for certain individuals receiving social security or certain veterans benefits.''.

Universal Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to allow social security or veterans benefits recipients with earned income less than $3,000 a $300 refundable tax credit ($600 for married couples filing a joint tax return) in 2008. Reduces the amount of such credit by 5% of the amount by which the taxpayer's adjusted gross income exceeds $75,000.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide recovery rebates to certain individuals receiving Social Security or certain veterans benefits."}

SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled ``An Act to provide for the organization of the militia of the District of Columbia'', approved March 1, 1889 (sec. 49--101 et seq., D.C. Official Code) is amended by adding at the end the following new title: ``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM ``SEC. 201. SHORT TITLE; FINDINGS. ``(a) Short Title.--This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. ``(b) Findings.--Congress makes the following findings: ``(1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. ``(2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. ``(3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. ``(4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. ``(5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. ``(6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. ``(7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. ``(8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. ``(9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. ``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. ``(a) Educational Assistance Program Authorized.--The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. ``(b) Eligibility.-- ``(1) Criteria.--A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: ``(A) The member has satisfactorily completed required initial active duty service. ``(B) The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. ``(C) The member is not receiving a Reserve Officer Training Corps scholarship. ``(2) Maintenance of eligibility.--To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must-- ``(A) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard (as certified to the Mayor by the commanding general of the District of Columbia National Guard); ``(B) be enrolled on a full-time or part-time basis (seeking to earn at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and ``(C) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED. ``(a) Permitted Use of Funds.--Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover-- ``(1) tuition and fees charged by an approved institution of higher education involved; ``(2) the cost of books; and ``(3) laboratory expenses. ``(b) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. ``(c) Relation to Other Assistance.--Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. ``(d) Repayment.--A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. ``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM. ``(a) Administration.--The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. ``(b) Funding Sources and Gifts.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(2) Transfer of funds.--The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. ``(3) Donations.--The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. ``SEC. 205. DEFINITION. ``In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- ``(1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(2) has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. ``SEC. 206. EFFECTIVE DATE. ``Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2013.''.

Amends the District of Columbia Code to add provisions to be entitled the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for at least six years. Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education. Prohibits members who are receiving a Reserve Officer Training Corps scholarship from receiving this Act's assistance.

{"src": "billsum_train", "title": "To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Healthy Forest Management Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat. Sec. 4. State designation of high-risk areas of National Forest System and public lands. Sec. 5. Designation of high-risk areas by the Secretary concerned. Sec. 6. Use of emergency hazardous fuels reduction projects for high- risk areas. Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects. Sec. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 9. Stewardship end result contracting project authority. SEC. 2. DEFINITIONS. In this Act: (1) Emergency hazardous fuels reduction project.--The term ``emergency hazardous fuels reduction project'' means a project or activity carried out in a high-risk area to address the bark beetle epidemic, drought, or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires. (2) High-risk area.--The term ``high-risk area'' means an area of National Forest System land or public lands identified under section 4 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (3) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (4) Public lands.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to the National Forest System; and (B) the Secretary of the Interior, with respect to public lands. (6) The term ``State'' means any of the several States containing National Forest System land or public lands. The term includes the Commonwealth of Puerto Rico. SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT, DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF WILDFIRES IN STATES AS IMMINENT THREAT. Congress hereby declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands in the States, with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, is an ``imminent threat'' within the meaning of section 294.12(b)(1) of title 36, Code of Federal Regulations (2002 Edition) and any existing or pending roadless area management rule applicable to a State. SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM AND PUBLIC LANDS. (a) Designation Authority.--The Governor of a State may designate high-risk areas of the National Forest System and public lands in the State for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation.--In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of Certain Areas.--The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for Designation.--Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations.--The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of Designation.--The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation.--The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of the National Forest System land or public lands as a high-risk area under this section if the Governor determines that the area of National Forest System land or public lands continues to be subject to the terms of this section (h) Recognition of Valid and Existing Rights.--The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED. (a) Designation Authority.--The Secretary concerned may designate high-risk areas of the National Forest System and the public lands for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation.--In designating high-risk areas, the Secretary concerned shall consult with Governors of affected States, county government from affected counties, and with affected Indian tribes. (c) Exclusion of Certain Areas.--The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for Designation.--Designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations.--The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of Designation.--The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Secretary concerned. (g) Redesignation.--The expiration of the 20-year period specified in subsection (f) does not prohibit the Secretary concerned from redesignating an area of the National Forest System or public lands as a high-risk area if the Secretary determines that the National Forest System land or public lands continues to be subject to the terms of this section, except that such redesignation is subject to consultation with Governors from affected States, county government from affected counties, and affected Indian tribes. (h) Recognition of Valid and Existing Rights.--The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH- RISK AREAS. (a) Project Proposals.-- (1) Proposals authorized.--Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area. The Secretary concerned also may develop emergency hazardous fuels reduction projects. (2) Project criteria.--In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State and the Secretary concerned shall-- (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting local communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Prohibition on Certain Activities.--An emergency hazardous fuels reduction project may not include clear cutting of timber. (c) Consultation.--In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. If the Secretary concerned develops a proposal, the Secretary concerned shall consult with the Governor of the affected State, county government from affected counties, and affected Indian tribes. (d) Submission and Implementation.--The Governor of a State shall submit proposed emergency hazardous fuels reduction projects to the Secretary concerned for implementation. (e) Implementation of Projects.-- (1) State proposed projects.--The Secretary concerned shall implement hazardous fuels reduction projects proposed by Governors within 60 days of the date on which the Secretary receives the proposal. (2) Secretary proposed projects.--The Secretary concerned shall implement hazardous fuels reduction projects proposed by the Secretary concerned within 60 days of the date on which the proposal is finalized. SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS. (a) Applicability.--Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) (including the environmental analysis requirements of section 104 of that Act (16 U.S.C. 6514), the special administrative review process under section 105 of that Act (16 U.S.C. 6515), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all emergency hazardous fuels reduction projects developed under section 6. (b) Application of Other Law.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels reduction projects. (c) Required Modifications.--In applying title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency hazardous fuels reduction projects, the Secretary concerned shall make the following modifications: (1) The authority shall apply to the entire high-risk area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Secretary concerned, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations), of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title. (d) Forest Management Plans.--All projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Retention of NEPA Responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high- risk area shall not be delegated to a State forester or any other officer or employee of the State in which the emergency hazardous fuels reduction project will be carried out. (f) Categorical Exclusion.--If a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan. SEC. 8. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS. (a) Definitions.--In this section: (1) Eligible state.--The term ``eligible State'' means a State that contains National Forest System land. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State forester.--The term ``State forester'' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative Agreements and Contracts.-- (1) In general.--The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on National Forest System land in the eligible State. (2) Authorized services.--The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of-- (A) activities to treat insect infected trees; (B) activities to reduce hazardous fuels; and (C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent.--Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under that paragraph. (4) Subcontracts.--In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of nepa responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this section by a State forester on National Forest System land shall not be delegated to a State forester or any other officer or employee of the eligible State. (7) Applicable law.--The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service. SEC. 9. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY. (a) Extension of Authority.--Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking ``2013'' and inserting ``2017''. (b) Duration of Contracts.--Section 347(c)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking ``10 years'' and inserting ``20 years''.

Healthy Forest Management Act of 2012 - Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state. Allows a state governor or the Secretary of Agriculture (USDA), with respect the National Forest System, or of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation. Allows a governor or the Secretary, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Prohibits clear cutting as a part of any such project. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Authorizes the Secretary concerned to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services that include: (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. Permits state foresters to enter into subcontracts to provide such restoration and protection services. Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend the authority to enter, and the duration of, contracts to perform services to achieve land management goals for national forests that meet local and rural community needs.

{"src": "billsum_train", "title": "To address the bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires on National Forest System land and land under the jurisdiction of the Bureau of Land Management in the United States by expanding authorities established in the Healthy Forest Restoration Act of 2003 to provide emergency measures for high-risk areas identified by such States, to make permanent Forest Service and Bureau of Land Management authority to conduct good-neighbor cooperation with States to reduce wildfire risks, and for other purposes."}