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Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trash Reduction Act of 2015''.
SEC. 2. IMPOSITION OF TAX ON CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.10 per carryout bag.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag of any material, commonly plastic or kraft paper,
which is provided to a consumer at the point of sale to
carry or cover purchases, merchandise, or other items.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag that is distributed
to a customer without charge during a limited
duration promotional event,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag that contains or wraps
frozen foods, prepared foods, or baked goods
when not prepackaged,
``(iv) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(v) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 millimeters thick, and
``(B) is specifically designed and manufactured for
multiple use.
``(3) Limited duration promotional event.--A limited
duration promotional event shall not be treated as including
any day in a calendar year if limited duration promotional
events taken into account under paragraph (1)(B)(i) have
occurred on 7 or more preceding days during such calendar year.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Plastic Carryout Bag Recycling Program.--Subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new section:
``SEC. 6433. QUALIFIED PLASTIC CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
carryout bag,
``(2) a retailer provides such bag to a customer in a point
of sale transaction,
``(3) in the case of a carryout bag made of paper, such
paper consists of not less than 40 percent post-consumer
recycled content,
``(4) such retailer has in effect at the time of such
transaction a qualified plastic carryout bag recycling program,
and
``(5) such retailer has kept and can produce records for
purposes of this section and section 4056 that include the
total number of carryout bags purchased and the amounts passed
through to the customer for such bags pursuant to section
4056(e),
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is $0.04.
``(c) Qualified Plastic Carryout Bag Recycling Program.--For
purposes of this section--
``(1) In general.--The term `qualified plastic carryout bag
recycling program' means a recycling program under which the
retailer--
``(A) to the extent the retailer provides carryout
bags (as defined in section 4056) made of plastic to
customers--
``(i) passes through the tax imposed by
section 4056 and tracks the total number of
bags purchased and amount of tax passed through
pursuant to section 6433(a),
``(ii) has printed or displayed on each
such bag, in a manner clearly visible to a
customer, the words `PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING',
``(iii) uses bags that are 100-percent
recyclable, and
``(iv) uses bags that are made of high-
density polyethylene film marked with the SPI
resin identification code 2 or low-density
polyethylene film marked with the SPI resin
identification code 4,
``(B) places at each place of business at which
retail operations are conducted one or more plastic
carryout bag collection bins which are visible, easily
accessible to the customer, and clearly marked as being
for the purpose of collecting and recycling plastic
carryout bags,
``(C) recycles the plastic carryout bags collected
pursuant to subparagraph (B),
``(D) maintains for not less than 3 years records
(which shall be available to the Secretary) describing
the collection, transport, and recycling of plastic
carryout bags collected,
``(E) makes available to customers within the
retail establishment reusable bags (as defined in
section 4056(c)(2)) which may be purchased and used in
lieu of using a single-use carryout bag, and
``(F) meets the definition of section 4056(d)(3).
``(2) Recycling program.--The term `recycling program'
means a program that processes used materials or waste
materials into new products to prevent waste of potentially
useful materials; reduce raw materials consumption; reduce
energy usage; reduce air, water, or other pollution; or reduce
the need for disposal.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9512. CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Carryout Bag
Trust Fund' (referred to in this section as the `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for making
payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the Land and Water Conservation
Fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of $0.06.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the Land and Water Conservation Fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2017, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of carryout bags and
encouraging recycling of such bags. The report shall address--
(1) measures that the Comptroller General determines may
increase the effectiveness of such provisions, including the
amount of tax imposed on each carryout bag, and
(2) any effects, both positive and negative, on any United
States businesses.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to subchapter C
the following new item:
``Subchapter D. Carryout bags.''.
(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. 6433. Qualified plastic carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Carryout bag trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on July 1, 2016.
Output: | Trash Reduction Act of 2015 This bill amends the Internal Revenue Code to require retailers to pay a $0.10 excise tax on each carryout bag provided to a consumer. A "carryout bag" means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. Reusable bags and certain other bags used for specified purposes are exempt from such tax. The bill allows retailers who establish a qualified plastic carryout bag recycling program a rebate for each recyclable bag used by the retailer. The bill establishes the Carryout Bag Trust Fund to hold tax revenues generated by this Act and directs the Department of the Treasury to make payments from such Trust Fund for the qualified plastic carryout bag recycling program and to the Land and Water Conservation Fund established by the Land and Water Conservation Fund Act of 1965. The Government Accountability Office must study and report to Congress on the effectiveness of this Act in reducing the use of carryout bags and encouraging recycling of such bags. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trash Reduction Act of 2015''.
SEC. 2. IMPOSITION OF TAX ON CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.10 per carryout bag.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag of any material, commonly plastic or kraft paper,
which is provided to a consumer at the point of sale to
carry or cover purchases, merchandise, or other items.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag that is distributed
to a customer without charge during a limited
duration promotional event,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag that contains or wraps
frozen foods, prepared foods, or baked goods
when not prepackaged,
``(iv) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(v) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 millimeters thick, and
``(B) is specifically designed and manufactured for
multiple use.
``(3) Limited duration promotional event.--A limited
duration promotional event shall not be treated as including
any day in a calendar year if limited duration promotional
events taken into account under paragraph (1)(B)(i) have
occurred on 7 or more preceding days during such calendar year.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Plastic Carryout Bag Recycling Program.--Subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new section:
``SEC. 6433. QUALIFIED PLASTIC CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
carryout bag,
``(2) a retailer provides such bag to a customer in a point
of sale transaction,
``(3) in the case of a carryout bag made of paper, such
paper consists of not less than 40 percent post-consumer
recycled content,
``(4) such retailer has in effect at the time of such
transaction a qualified plastic carryout bag recycling program,
and
``(5) such retailer has kept and can produce records for
purposes of this section and section 4056 that include the
total number of carryout bags purchased and the amounts passed
through to the customer for such bags pursuant to section
4056(e),
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is $0.04.
``(c) Qualified Plastic Carryout Bag Recycling Program.--For
purposes of this section--
``(1) In general.--The term `qualified plastic carryout bag
recycling program' means a recycling program under which the
retailer--
``(A) to the extent the retailer provides carryout
bags (as defined in section 4056) made of plastic to
customers--
``(i) passes through the tax imposed by
section 4056 and tracks the total number of
bags purchased and amount of tax passed through
pursuant to section 6433(a),
``(ii) has printed or displayed on each
such bag, in a manner clearly visible to a
customer, the words `PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING',
``(iii) uses bags that are 100-percent
recyclable, and
``(iv) uses bags that are made of high-
density polyethylene film marked with the SPI
resin identification code 2 or low-density
polyethylene film marked with the SPI resin
identification code 4,
``(B) places at each place of business at which
retail operations are conducted one or more plastic
carryout bag collection bins which are visible, easily
accessible to the customer, and clearly marked as being
for the purpose of collecting and recycling plastic
carryout bags,
``(C) recycles the plastic carryout bags collected
pursuant to subparagraph (B),
``(D) maintains for not less than 3 years records
(which shall be available to the Secretary) describing
the collection, transport, and recycling of plastic
carryout bags collected,
``(E) makes available to customers within the
retail establishment reusable bags (as defined in
section 4056(c)(2)) which may be purchased and used in
lieu of using a single-use carryout bag, and
``(F) meets the definition of section 4056(d)(3).
``(2) Recycling program.--The term `recycling program'
means a program that processes used materials or waste
materials into new products to prevent waste of potentially
useful materials; reduce raw materials consumption; reduce
energy usage; reduce air, water, or other pollution; or reduce
the need for disposal.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9512. CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Carryout Bag
Trust Fund' (referred to in this section as the `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for making
payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the Land and Water Conservation
Fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of $0.06.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the Land and Water Conservation Fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2017, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of carryout bags and
encouraging recycling of such bags. The report shall address--
(1) measures that the Comptroller General determines may
increase the effectiveness of such provisions, including the
amount of tax imposed on each carryout bag, and
(2) any effects, both positive and negative, on any United
States businesses.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to subchapter C
the following new item:
``Subchapter D. Carryout bags.''.
(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. 6433. Qualified plastic carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Carryout bag trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on July 1, 2016.
Output: | Trash Reduction Act of 2015 This bill amends the Internal Revenue Code to require retailers to pay a $0.10 excise tax on each carryout bag provided to a consumer. A "carryout bag" means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. Reusable bags and certain other bags used for specified purposes are exempt from such tax. The bill allows retailers who establish a qualified plastic carryout bag recycling program a rebate for each recyclable bag used by the retailer. The bill establishes the Carryout Bag Trust Fund to hold tax revenues generated by this Act and directs the Department of the Treasury to make payments from such Trust Fund for the qualified plastic carryout bag recycling program and to the Land and Water Conservation Fund established by the Land and Water Conservation Fund Act of 1965. The Government Accountability Office must study and report to Congress on the effectiveness of this Act in reducing the use of carryout bags and encouraging recycling of such bags. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trash Reduction Act of 2015''.
SEC. 2. IMPOSITION OF TAX ON CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.10 per carryout bag.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag of any material, commonly plastic or kraft paper,
which is provided to a consumer at the point of sale to
carry or cover purchases, merchandise, or other items.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag that is distributed
to a customer without charge during a limited
duration promotional event,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag that contains or wraps
frozen foods, prepared foods, or baked goods
when not prepackaged,
``(iv) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(v) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 millimeters thick, and
``(B) is specifically designed and manufactured for
multiple use.
``(3) Limited duration promotional event.--A limited
duration promotional event shall not be treated as including
any day in a calendar year if limited duration promotional
events taken into account under paragraph (1)(B)(i) have
occurred on 7 or more preceding days during such calendar year.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Plastic Carryout Bag Recycling Program.--Subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new section:
``SEC. 6433. QUALIFIED PLASTIC CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
carryout bag,
``(2) a retailer provides such bag to a customer in a point
of sale transaction,
``(3) in the case of a carryout bag made of paper, such
paper consists of not less than 40 percent post-consumer
recycled content,
``(4) such retailer has in effect at the time of such
transaction a qualified plastic carryout bag recycling program,
and
``(5) such retailer has kept and can produce records for
purposes of this section and section 4056 that include the
total number of carryout bags purchased and the amounts passed
through to the customer for such bags pursuant to section
4056(e),
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is $0.04.
``(c) Qualified Plastic Carryout Bag Recycling Program.--For
purposes of this section--
``(1) In general.--The term `qualified plastic carryout bag
recycling program' means a recycling program under which the
retailer--
``(A) to the extent the retailer provides carryout
bags (as defined in section 4056) made of plastic to
customers--
``(i) passes through the tax imposed by
section 4056 and tracks the total number of
bags purchased and amount of tax passed through
pursuant to section 6433(a),
``(ii) has printed or displayed on each
such bag, in a manner clearly visible to a
customer, the words `PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING',
``(iii) uses bags that are 100-percent
recyclable, and
``(iv) uses bags that are made of high-
density polyethylene film marked with the SPI
resin identification code 2 or low-density
polyethylene film marked with the SPI resin
identification code 4,
``(B) places at each place of business at which
retail operations are conducted one or more plastic
carryout bag collection bins which are visible, easily
accessible to the customer, and clearly marked as being
for the purpose of collecting and recycling plastic
carryout bags,
``(C) recycles the plastic carryout bags collected
pursuant to subparagraph (B),
``(D) maintains for not less than 3 years records
(which shall be available to the Secretary) describing
the collection, transport, and recycling of plastic
carryout bags collected,
``(E) makes available to customers within the
retail establishment reusable bags (as defined in
section 4056(c)(2)) which may be purchased and used in
lieu of using a single-use carryout bag, and
``(F) meets the definition of section 4056(d)(3).
``(2) Recycling program.--The term `recycling program'
means a program that processes used materials or waste
materials into new products to prevent waste of potentially
useful materials; reduce raw materials consumption; reduce
energy usage; reduce air, water, or other pollution; or reduce
the need for disposal.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9512. CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Carryout Bag
Trust Fund' (referred to in this section as the `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for making
payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the Land and Water Conservation
Fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of $0.06.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the Land and Water Conservation Fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2017, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of carryout bags and
encouraging recycling of such bags. The report shall address--
(1) measures that the Comptroller General determines may
increase the effectiveness of such provisions, including the
amount of tax imposed on each carryout bag, and
(2) any effects, both positive and negative, on any United
States businesses.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to subchapter C
the following new item:
``Subchapter D. Carryout bags.''.
(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. 6433. Qualified plastic carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Carryout bag trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on July 1, 2016.
Output: | Trash Reduction Act of 2015 This bill amends the Internal Revenue Code to require retailers to pay a $0.10 excise tax on each carryout bag provided to a consumer. A "carryout bag" means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. Reusable bags and certain other bags used for specified purposes are exempt from such tax. The bill allows retailers who establish a qualified plastic carryout bag recycling program a rebate for each recyclable bag used by the retailer. The bill establishes the Carryout Bag Trust Fund to hold tax revenues generated by this Act and directs the Department of the Treasury to make payments from such Trust Fund for the qualified plastic carryout bag recycling program and to the Land and Water Conservation Fund established by the Land and Water Conservation Fund Act of 1965. The Government Accountability Office must study and report to Congress on the effectiveness of this Act in reducing the use of carryout bags and encouraging recycling of such bags. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trash Reduction Act of 2015''.
SEC. 2. IMPOSITION OF TAX ON CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.10 per carryout bag.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag of any material, commonly plastic or kraft paper,
which is provided to a consumer at the point of sale to
carry or cover purchases, merchandise, or other items.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag that is distributed
to a customer without charge during a limited
duration promotional event,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag that contains or wraps
frozen foods, prepared foods, or baked goods
when not prepackaged,
``(iv) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(v) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 millimeters thick, and
``(B) is specifically designed and manufactured for
multiple use.
``(3) Limited duration promotional event.--A limited
duration promotional event shall not be treated as including
any day in a calendar year if limited duration promotional
events taken into account under paragraph (1)(B)(i) have
occurred on 7 or more preceding days during such calendar year.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Plastic Carryout Bag Recycling Program.--Subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new section:
``SEC. 6433. QUALIFIED PLASTIC CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
carryout bag,
``(2) a retailer provides such bag to a customer in a point
of sale transaction,
``(3) in the case of a carryout bag made of paper, such
paper consists of not less than 40 percent post-consumer
recycled content,
``(4) such retailer has in effect at the time of such
transaction a qualified plastic carryout bag recycling program,
and
``(5) such retailer has kept and can produce records for
purposes of this section and section 4056 that include the
total number of carryout bags purchased and the amounts passed
through to the customer for such bags pursuant to section
4056(e),
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is $0.04.
``(c) Qualified Plastic Carryout Bag Recycling Program.--For
purposes of this section--
``(1) In general.--The term `qualified plastic carryout bag
recycling program' means a recycling program under which the
retailer--
``(A) to the extent the retailer provides carryout
bags (as defined in section 4056) made of plastic to
customers--
``(i) passes through the tax imposed by
section 4056 and tracks the total number of
bags purchased and amount of tax passed through
pursuant to section 6433(a),
``(ii) has printed or displayed on each
such bag, in a manner clearly visible to a
customer, the words `PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING',
``(iii) uses bags that are 100-percent
recyclable, and
``(iv) uses bags that are made of high-
density polyethylene film marked with the SPI
resin identification code 2 or low-density
polyethylene film marked with the SPI resin
identification code 4,
``(B) places at each place of business at which
retail operations are conducted one or more plastic
carryout bag collection bins which are visible, easily
accessible to the customer, and clearly marked as being
for the purpose of collecting and recycling plastic
carryout bags,
``(C) recycles the plastic carryout bags collected
pursuant to subparagraph (B),
``(D) maintains for not less than 3 years records
(which shall be available to the Secretary) describing
the collection, transport, and recycling of plastic
carryout bags collected,
``(E) makes available to customers within the
retail establishment reusable bags (as defined in
section 4056(c)(2)) which may be purchased and used in
lieu of using a single-use carryout bag, and
``(F) meets the definition of section 4056(d)(3).
``(2) Recycling program.--The term `recycling program'
means a program that processes used materials or waste
materials into new products to prevent waste of potentially
useful materials; reduce raw materials consumption; reduce
energy usage; reduce air, water, or other pollution; or reduce
the need for disposal.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9512. CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Carryout Bag
Trust Fund' (referred to in this section as the `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for making
payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the Land and Water Conservation
Fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of $0.06.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the Land and Water Conservation Fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2017, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of carryout bags and
encouraging recycling of such bags. The report shall address--
(1) measures that the Comptroller General determines may
increase the effectiveness of such provisions, including the
amount of tax imposed on each carryout bag, and
(2) any effects, both positive and negative, on any United
States businesses.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to subchapter C
the following new item:
``Subchapter D. Carryout bags.''.
(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. 6433. Qualified plastic carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Carryout bag trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on July 1, 2016.
Output: | Trash Reduction Act of 2015 This bill amends the Internal Revenue Code to require retailers to pay a $0.10 excise tax on each carryout bag provided to a consumer. A "carryout bag" means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. Reusable bags and certain other bags used for specified purposes are exempt from such tax. The bill allows retailers who establish a qualified plastic carryout bag recycling program a rebate for each recyclable bag used by the retailer. The bill establishes the Carryout Bag Trust Fund to hold tax revenues generated by this Act and directs the Department of the Treasury to make payments from such Trust Fund for the qualified plastic carryout bag recycling program and to the Land and Water Conservation Fund established by the Land and Water Conservation Fund Act of 1965. The Government Accountability Office must study and report to Congress on the effectiveness of this Act in reducing the use of carryout bags and encouraging recycling of such bags. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Online Investor
Protection Act of 1999''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``interactive computer service'' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
(4) the term ``investment adviser'' has the same meaning as
in section 202 of the Investment Advisers Act of 1940;
(5) the term ``investment company'' has the same meaning as
in section 3 of the Investment Company Act of 1940;
(6) the term ``registered broker or dealer'' has the same
meaning as in section 3 of the Securities Exchange Act of 1934;
and
(7) the term ``retail investor'' means--
(A) any investor other than an accredited investor
(as defined in section 2(a)(15) of the Securities Act
of 1933); and
(B) any other similar person or class of persons,
as the Commission determines to be appropriate.
SEC. 2. ONLINE TRADING DISCLOSURES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 35A the following:
``SEC. 35B. ONLINE TRADING DISCLOSURES.
``(a) In General.--Each online broker or dealer shall, on a
quarterly basis, make available on the Internet or other interactive
computer service, such information as the Commission may require, by
rule or order, taking into account the needs of customers, and in such
format and within such time periods as the Commission may prescribe
regarding--
``(1) the date, time, and duration of any system outage or
other event that prevented or materially delayed the execution
of online securities transactions during the preceding quarter;
``(2) any steps taken to address or prevent such outages or
events; and
``(3) information regarding limiting risk of loss to
securities investors that is unique to online trading, as
required by the Commission, by rule or order.
``(b) Exceptions.--The Commission, by rule or order, may exempt
from the requirements of subsection (a) any online broker or dealer, or
class of online brokers or dealers, as the Commission determines to be
appropriate.
``(c) Definitions.--In this section--
``(1) the term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
``(2) the term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
``(3) the term `online broker or dealer' means any broker
or dealer that provides retail investors with a means to effect
securities transactions over the Internet or an interactive
computer service;
``(4) the term `online securities transaction' means a
securities transaction effected between a retail investor and
an online broker or dealer over the Internet or an interactive computer
service; and
``(5) the term `retail investor' means--
``(A) any customer of an online broker or dealer,
other than an accredited investor (as defined in
section 2(a)(15) of the Securities Act of 1933); and
``(B) any other similar person or class of persons,
as the Commission determines to be appropriate, by rule
or order.''.
SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET.
(a) In General.--Section l5A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting
the following:
``(i) Obligation To Maintain Disciplinary and Other Data.--
``(1) Maintenance of system to respond to inquiries.--A
registered securities association shall--
``(A) establish and maintain a toll-free telephone
listing or other readily accessible electronic process
to receive inquiries regarding disciplinary actions and
proceedings and other information involving its members
and associated persons of those members; and
``(B) promptly respond to such inquiries.
``(2) Recovery of costs.--A registered securities
association may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--A registered securities
association shall not have any liability to any person for any
action taken or omitted in good faith under this subsection.''.
(b) Records and Reports of Investment Advisers.--Section 204 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking ``Every investment'' and inserting the
following:
``(a) In General.--Every investment''; and
(2) by adding at the end the following:
``(b) Filing Depositories.--The Commission, by rule or order, may
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required to be filed by this title or the
rules issued under this title through any entity designated by
the Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing and the establishment and maintenance of the systems
required by subsection (c).
``(c) Access to Disciplinary and Other Information.--
``(1) Maintenance of system to respond to inquiries.--The
Commission shall require an entity designated by the Commission
pursuant to subsection (b)(1)--
``(A) to establish and maintain a toll-free
telephone listing or other readily accessible
electronic process to receive inquiries regarding
disciplinary actions and proceedings and other
information involving investment advisers and persons
associated with investment advisers; and
``(B) to respond promptly to such inquiries.
``(2) Recovery of costs.--An entity designated under
subsection (b)(1) may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--An entity designated under
subsection (b)(1) shall not have any liability to any person
for any action taken or omitted in good faith under this
subsection.''.
(c) Conforming Amendments.--
(1) In general.--Section 203A of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3a) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Repeal.--Section 306 of the National Securities Markets
Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is
repealed.
SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION.
(a) Electronic Links.--Not later than 1 year after the date of
enactment of this Act, each broker or dealer, investment company, and
investment adviser that effects securities transactions with retail
investors, or makes securities market information available to retail
investors for the purpose of effecting such transactions over the
Internet or other interactive computer service, shall provide to those
investors information regarding investor education and fraud prevention
provided by the Commission, through a hypertext link to a Commission
website established for that purpose, or in such other manner as may be
prescribed by the Commission.
(b) Regulatory Action.--The Commission shall issue final
regulations to implement this section not later than 6 months after the
date of enactment of this Act.
SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS.
(a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act
of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the
following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the Act or
omission resulting in a violation referred to in
paragraph (1) the amount of the penalty provided for in
this paragraph shall be doubled.''.
(b) Securities Exchange Act of 1934.--
(1) Section 21.--Section 21(d)(3)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by
adding at the end the following:
``(iv) Internet-related violations.--In any
case in which the Internet or other interactive
computer service (as defined in section 35B) is used as part of the act
or omission resulting in a violation referred to in subparagraph (A),
the amount of the penalty provided for in this subparagraph shall be
doubled.''.
(2) Section 21b.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the
end the following:
``(4) Internet-related violations.--In any case in which
the Internet or other interactive computer service (as defined
in section 35B) is used as part of the act or omission
resulting in a violation referred to in subsection (a), the
amount of the penalty provided for in this subsection shall be
doubled.''.
(c) Investment Advisers Act of 1940.--
(1) Section 203.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(2) Section 209.--Section 209(e)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(d) Investment Company Act of 1940.--Section 9(d)(2) of the
Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING.
(a) Study.--The Commission shall conduct a study of the effects
that trading in securities by retail investors over the Internet or
other interactive computer service has on the securities markets,
including--
(1) with respect to ``day trading'' activities--
(A) whether a greater risk of fraud exists;
(B) whether such trading results in market
volatility;
(C) the effects on individual companies, the stock
of which fluctuates as a result of such volatility, if
any; and
(D) the effects on investors and their investment
patterns resulting from such volatility, if any; and
(2) the quality of execution received through online
trading services, including the effect of ``payment for order
flow'' and other practices on--
(A) the promptness of execution; and
(B) the purchase or sale price obtained for the
retail investor.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Congress a report on the
results of its study under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of Internet
Enforcement of the Securities and Exchange Commission $70,000,000 for
each of fiscal years 2000 through 2004, for the purpose of Internet
enforcement and other related investor protection activities, subject
to appropriations Acts.
Output: | Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members.
Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations.
Directs the SEC to study and report to Congress on the market impact of online trading.
Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
If you can, please add an explanation *before* you output your answer.
Input: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Online Investor
Protection Act of 1999''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``interactive computer service'' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
(4) the term ``investment adviser'' has the same meaning as
in section 202 of the Investment Advisers Act of 1940;
(5) the term ``investment company'' has the same meaning as
in section 3 of the Investment Company Act of 1940;
(6) the term ``registered broker or dealer'' has the same
meaning as in section 3 of the Securities Exchange Act of 1934;
and
(7) the term ``retail investor'' means--
(A) any investor other than an accredited investor
(as defined in section 2(a)(15) of the Securities Act
of 1933); and
(B) any other similar person or class of persons,
as the Commission determines to be appropriate.
SEC. 2. ONLINE TRADING DISCLOSURES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 35A the following:
``SEC. 35B. ONLINE TRADING DISCLOSURES.
``(a) In General.--Each online broker or dealer shall, on a
quarterly basis, make available on the Internet or other interactive
computer service, such information as the Commission may require, by
rule or order, taking into account the needs of customers, and in such
format and within such time periods as the Commission may prescribe
regarding--
``(1) the date, time, and duration of any system outage or
other event that prevented or materially delayed the execution
of online securities transactions during the preceding quarter;
``(2) any steps taken to address or prevent such outages or
events; and
``(3) information regarding limiting risk of loss to
securities investors that is unique to online trading, as
required by the Commission, by rule or order.
``(b) Exceptions.--The Commission, by rule or order, may exempt
from the requirements of subsection (a) any online broker or dealer, or
class of online brokers or dealers, as the Commission determines to be
appropriate.
``(c) Definitions.--In this section--
``(1) the term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
``(2) the term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
``(3) the term `online broker or dealer' means any broker
or dealer that provides retail investors with a means to effect
securities transactions over the Internet or an interactive
computer service;
``(4) the term `online securities transaction' means a
securities transaction effected between a retail investor and
an online broker or dealer over the Internet or an interactive computer
service; and
``(5) the term `retail investor' means--
``(A) any customer of an online broker or dealer,
other than an accredited investor (as defined in
section 2(a)(15) of the Securities Act of 1933); and
``(B) any other similar person or class of persons,
as the Commission determines to be appropriate, by rule
or order.''.
SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET.
(a) In General.--Section l5A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting
the following:
``(i) Obligation To Maintain Disciplinary and Other Data.--
``(1) Maintenance of system to respond to inquiries.--A
registered securities association shall--
``(A) establish and maintain a toll-free telephone
listing or other readily accessible electronic process
to receive inquiries regarding disciplinary actions and
proceedings and other information involving its members
and associated persons of those members; and
``(B) promptly respond to such inquiries.
``(2) Recovery of costs.--A registered securities
association may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--A registered securities
association shall not have any liability to any person for any
action taken or omitted in good faith under this subsection.''.
(b) Records and Reports of Investment Advisers.--Section 204 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking ``Every investment'' and inserting the
following:
``(a) In General.--Every investment''; and
(2) by adding at the end the following:
``(b) Filing Depositories.--The Commission, by rule or order, may
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required to be filed by this title or the
rules issued under this title through any entity designated by
the Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing and the establishment and maintenance of the systems
required by subsection (c).
``(c) Access to Disciplinary and Other Information.--
``(1) Maintenance of system to respond to inquiries.--The
Commission shall require an entity designated by the Commission
pursuant to subsection (b)(1)--
``(A) to establish and maintain a toll-free
telephone listing or other readily accessible
electronic process to receive inquiries regarding
disciplinary actions and proceedings and other
information involving investment advisers and persons
associated with investment advisers; and
``(B) to respond promptly to such inquiries.
``(2) Recovery of costs.--An entity designated under
subsection (b)(1) may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--An entity designated under
subsection (b)(1) shall not have any liability to any person
for any action taken or omitted in good faith under this
subsection.''.
(c) Conforming Amendments.--
(1) In general.--Section 203A of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3a) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Repeal.--Section 306 of the National Securities Markets
Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is
repealed.
SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION.
(a) Electronic Links.--Not later than 1 year after the date of
enactment of this Act, each broker or dealer, investment company, and
investment adviser that effects securities transactions with retail
investors, or makes securities market information available to retail
investors for the purpose of effecting such transactions over the
Internet or other interactive computer service, shall provide to those
investors information regarding investor education and fraud prevention
provided by the Commission, through a hypertext link to a Commission
website established for that purpose, or in such other manner as may be
prescribed by the Commission.
(b) Regulatory Action.--The Commission shall issue final
regulations to implement this section not later than 6 months after the
date of enactment of this Act.
SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS.
(a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act
of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the
following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the Act or
omission resulting in a violation referred to in
paragraph (1) the amount of the penalty provided for in
this paragraph shall be doubled.''.
(b) Securities Exchange Act of 1934.--
(1) Section 21.--Section 21(d)(3)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by
adding at the end the following:
``(iv) Internet-related violations.--In any
case in which the Internet or other interactive
computer service (as defined in section 35B) is used as part of the act
or omission resulting in a violation referred to in subparagraph (A),
the amount of the penalty provided for in this subparagraph shall be
doubled.''.
(2) Section 21b.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the
end the following:
``(4) Internet-related violations.--In any case in which
the Internet or other interactive computer service (as defined
in section 35B) is used as part of the act or omission
resulting in a violation referred to in subsection (a), the
amount of the penalty provided for in this subsection shall be
doubled.''.
(c) Investment Advisers Act of 1940.--
(1) Section 203.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(2) Section 209.--Section 209(e)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(d) Investment Company Act of 1940.--Section 9(d)(2) of the
Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING.
(a) Study.--The Commission shall conduct a study of the effects
that trading in securities by retail investors over the Internet or
other interactive computer service has on the securities markets,
including--
(1) with respect to ``day trading'' activities--
(A) whether a greater risk of fraud exists;
(B) whether such trading results in market
volatility;
(C) the effects on individual companies, the stock
of which fluctuates as a result of such volatility, if
any; and
(D) the effects on investors and their investment
patterns resulting from such volatility, if any; and
(2) the quality of execution received through online
trading services, including the effect of ``payment for order
flow'' and other practices on--
(A) the promptness of execution; and
(B) the purchase or sale price obtained for the
retail investor.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Congress a report on the
results of its study under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of Internet
Enforcement of the Securities and Exchange Commission $70,000,000 for
each of fiscal years 2000 through 2004, for the purpose of Internet
enforcement and other related investor protection activities, subject
to appropriations Acts.
Output: | Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members.
Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations.
Directs the SEC to study and report to Congress on the market impact of online trading.
Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Online Investor
Protection Act of 1999''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``interactive computer service'' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
(4) the term ``investment adviser'' has the same meaning as
in section 202 of the Investment Advisers Act of 1940;
(5) the term ``investment company'' has the same meaning as
in section 3 of the Investment Company Act of 1940;
(6) the term ``registered broker or dealer'' has the same
meaning as in section 3 of the Securities Exchange Act of 1934;
and
(7) the term ``retail investor'' means--
(A) any investor other than an accredited investor
(as defined in section 2(a)(15) of the Securities Act
of 1933); and
(B) any other similar person or class of persons,
as the Commission determines to be appropriate.
SEC. 2. ONLINE TRADING DISCLOSURES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 35A the following:
``SEC. 35B. ONLINE TRADING DISCLOSURES.
``(a) In General.--Each online broker or dealer shall, on a
quarterly basis, make available on the Internet or other interactive
computer service, such information as the Commission may require, by
rule or order, taking into account the needs of customers, and in such
format and within such time periods as the Commission may prescribe
regarding--
``(1) the date, time, and duration of any system outage or
other event that prevented or materially delayed the execution
of online securities transactions during the preceding quarter;
``(2) any steps taken to address or prevent such outages or
events; and
``(3) information regarding limiting risk of loss to
securities investors that is unique to online trading, as
required by the Commission, by rule or order.
``(b) Exceptions.--The Commission, by rule or order, may exempt
from the requirements of subsection (a) any online broker or dealer, or
class of online brokers or dealers, as the Commission determines to be
appropriate.
``(c) Definitions.--In this section--
``(1) the term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
``(2) the term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
``(3) the term `online broker or dealer' means any broker
or dealer that provides retail investors with a means to effect
securities transactions over the Internet or an interactive
computer service;
``(4) the term `online securities transaction' means a
securities transaction effected between a retail investor and
an online broker or dealer over the Internet or an interactive computer
service; and
``(5) the term `retail investor' means--
``(A) any customer of an online broker or dealer,
other than an accredited investor (as defined in
section 2(a)(15) of the Securities Act of 1933); and
``(B) any other similar person or class of persons,
as the Commission determines to be appropriate, by rule
or order.''.
SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET.
(a) In General.--Section l5A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting
the following:
``(i) Obligation To Maintain Disciplinary and Other Data.--
``(1) Maintenance of system to respond to inquiries.--A
registered securities association shall--
``(A) establish and maintain a toll-free telephone
listing or other readily accessible electronic process
to receive inquiries regarding disciplinary actions and
proceedings and other information involving its members
and associated persons of those members; and
``(B) promptly respond to such inquiries.
``(2) Recovery of costs.--A registered securities
association may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--A registered securities
association shall not have any liability to any person for any
action taken or omitted in good faith under this subsection.''.
(b) Records and Reports of Investment Advisers.--Section 204 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking ``Every investment'' and inserting the
following:
``(a) In General.--Every investment''; and
(2) by adding at the end the following:
``(b) Filing Depositories.--The Commission, by rule or order, may
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required to be filed by this title or the
rules issued under this title through any entity designated by
the Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing and the establishment and maintenance of the systems
required by subsection (c).
``(c) Access to Disciplinary and Other Information.--
``(1) Maintenance of system to respond to inquiries.--The
Commission shall require an entity designated by the Commission
pursuant to subsection (b)(1)--
``(A) to establish and maintain a toll-free
telephone listing or other readily accessible
electronic process to receive inquiries regarding
disciplinary actions and proceedings and other
information involving investment advisers and persons
associated with investment advisers; and
``(B) to respond promptly to such inquiries.
``(2) Recovery of costs.--An entity designated under
subsection (b)(1) may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--An entity designated under
subsection (b)(1) shall not have any liability to any person
for any action taken or omitted in good faith under this
subsection.''.
(c) Conforming Amendments.--
(1) In general.--Section 203A of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3a) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Repeal.--Section 306 of the National Securities Markets
Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is
repealed.
SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION.
(a) Electronic Links.--Not later than 1 year after the date of
enactment of this Act, each broker or dealer, investment company, and
investment adviser that effects securities transactions with retail
investors, or makes securities market information available to retail
investors for the purpose of effecting such transactions over the
Internet or other interactive computer service, shall provide to those
investors information regarding investor education and fraud prevention
provided by the Commission, through a hypertext link to a Commission
website established for that purpose, or in such other manner as may be
prescribed by the Commission.
(b) Regulatory Action.--The Commission shall issue final
regulations to implement this section not later than 6 months after the
date of enactment of this Act.
SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS.
(a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act
of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the
following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the Act or
omission resulting in a violation referred to in
paragraph (1) the amount of the penalty provided for in
this paragraph shall be doubled.''.
(b) Securities Exchange Act of 1934.--
(1) Section 21.--Section 21(d)(3)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by
adding at the end the following:
``(iv) Internet-related violations.--In any
case in which the Internet or other interactive
computer service (as defined in section 35B) is used as part of the act
or omission resulting in a violation referred to in subparagraph (A),
the amount of the penalty provided for in this subparagraph shall be
doubled.''.
(2) Section 21b.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the
end the following:
``(4) Internet-related violations.--In any case in which
the Internet or other interactive computer service (as defined
in section 35B) is used as part of the act or omission
resulting in a violation referred to in subsection (a), the
amount of the penalty provided for in this subsection shall be
doubled.''.
(c) Investment Advisers Act of 1940.--
(1) Section 203.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(2) Section 209.--Section 209(e)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(d) Investment Company Act of 1940.--Section 9(d)(2) of the
Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING.
(a) Study.--The Commission shall conduct a study of the effects
that trading in securities by retail investors over the Internet or
other interactive computer service has on the securities markets,
including--
(1) with respect to ``day trading'' activities--
(A) whether a greater risk of fraud exists;
(B) whether such trading results in market
volatility;
(C) the effects on individual companies, the stock
of which fluctuates as a result of such volatility, if
any; and
(D) the effects on investors and their investment
patterns resulting from such volatility, if any; and
(2) the quality of execution received through online
trading services, including the effect of ``payment for order
flow'' and other practices on--
(A) the promptness of execution; and
(B) the purchase or sale price obtained for the
retail investor.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Congress a report on the
results of its study under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of Internet
Enforcement of the Securities and Exchange Commission $70,000,000 for
each of fiscal years 2000 through 2004, for the purpose of Internet
enforcement and other related investor protection activities, subject
to appropriations Acts.
Output: | Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members.
Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations.
Directs the SEC to study and report to Congress on the market impact of online trading.
Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Online Investor
Protection Act of 1999''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``interactive computer service'' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
(4) the term ``investment adviser'' has the same meaning as
in section 202 of the Investment Advisers Act of 1940;
(5) the term ``investment company'' has the same meaning as
in section 3 of the Investment Company Act of 1940;
(6) the term ``registered broker or dealer'' has the same
meaning as in section 3 of the Securities Exchange Act of 1934;
and
(7) the term ``retail investor'' means--
(A) any investor other than an accredited investor
(as defined in section 2(a)(15) of the Securities Act
of 1933); and
(B) any other similar person or class of persons,
as the Commission determines to be appropriate.
SEC. 2. ONLINE TRADING DISCLOSURES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 35A the following:
``SEC. 35B. ONLINE TRADING DISCLOSURES.
``(a) In General.--Each online broker or dealer shall, on a
quarterly basis, make available on the Internet or other interactive
computer service, such information as the Commission may require, by
rule or order, taking into account the needs of customers, and in such
format and within such time periods as the Commission may prescribe
regarding--
``(1) the date, time, and duration of any system outage or
other event that prevented or materially delayed the execution
of online securities transactions during the preceding quarter;
``(2) any steps taken to address or prevent such outages or
events; and
``(3) information regarding limiting risk of loss to
securities investors that is unique to online trading, as
required by the Commission, by rule or order.
``(b) Exceptions.--The Commission, by rule or order, may exempt
from the requirements of subsection (a) any online broker or dealer, or
class of online brokers or dealers, as the Commission determines to be
appropriate.
``(c) Definitions.--In this section--
``(1) the term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
``(2) the term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
``(3) the term `online broker or dealer' means any broker
or dealer that provides retail investors with a means to effect
securities transactions over the Internet or an interactive
computer service;
``(4) the term `online securities transaction' means a
securities transaction effected between a retail investor and
an online broker or dealer over the Internet or an interactive computer
service; and
``(5) the term `retail investor' means--
``(A) any customer of an online broker or dealer,
other than an accredited investor (as defined in
section 2(a)(15) of the Securities Act of 1933); and
``(B) any other similar person or class of persons,
as the Commission determines to be appropriate, by rule
or order.''.
SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET.
(a) In General.--Section l5A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting
the following:
``(i) Obligation To Maintain Disciplinary and Other Data.--
``(1) Maintenance of system to respond to inquiries.--A
registered securities association shall--
``(A) establish and maintain a toll-free telephone
listing or other readily accessible electronic process
to receive inquiries regarding disciplinary actions and
proceedings and other information involving its members
and associated persons of those members; and
``(B) promptly respond to such inquiries.
``(2) Recovery of costs.--A registered securities
association may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--A registered securities
association shall not have any liability to any person for any
action taken or omitted in good faith under this subsection.''.
(b) Records and Reports of Investment Advisers.--Section 204 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking ``Every investment'' and inserting the
following:
``(a) In General.--Every investment''; and
(2) by adding at the end the following:
``(b) Filing Depositories.--The Commission, by rule or order, may
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required to be filed by this title or the
rules issued under this title through any entity designated by
the Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing and the establishment and maintenance of the systems
required by subsection (c).
``(c) Access to Disciplinary and Other Information.--
``(1) Maintenance of system to respond to inquiries.--The
Commission shall require an entity designated by the Commission
pursuant to subsection (b)(1)--
``(A) to establish and maintain a toll-free
telephone listing or other readily accessible
electronic process to receive inquiries regarding
disciplinary actions and proceedings and other
information involving investment advisers and persons
associated with investment advisers; and
``(B) to respond promptly to such inquiries.
``(2) Recovery of costs.--An entity designated under
subsection (b)(1) may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--An entity designated under
subsection (b)(1) shall not have any liability to any person
for any action taken or omitted in good faith under this
subsection.''.
(c) Conforming Amendments.--
(1) In general.--Section 203A of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3a) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Repeal.--Section 306 of the National Securities Markets
Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is
repealed.
SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION.
(a) Electronic Links.--Not later than 1 year after the date of
enactment of this Act, each broker or dealer, investment company, and
investment adviser that effects securities transactions with retail
investors, or makes securities market information available to retail
investors for the purpose of effecting such transactions over the
Internet or other interactive computer service, shall provide to those
investors information regarding investor education and fraud prevention
provided by the Commission, through a hypertext link to a Commission
website established for that purpose, or in such other manner as may be
prescribed by the Commission.
(b) Regulatory Action.--The Commission shall issue final
regulations to implement this section not later than 6 months after the
date of enactment of this Act.
SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS.
(a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act
of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the
following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the Act or
omission resulting in a violation referred to in
paragraph (1) the amount of the penalty provided for in
this paragraph shall be doubled.''.
(b) Securities Exchange Act of 1934.--
(1) Section 21.--Section 21(d)(3)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by
adding at the end the following:
``(iv) Internet-related violations.--In any
case in which the Internet or other interactive
computer service (as defined in section 35B) is used as part of the act
or omission resulting in a violation referred to in subparagraph (A),
the amount of the penalty provided for in this subparagraph shall be
doubled.''.
(2) Section 21b.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the
end the following:
``(4) Internet-related violations.--In any case in which
the Internet or other interactive computer service (as defined
in section 35B) is used as part of the act or omission
resulting in a violation referred to in subsection (a), the
amount of the penalty provided for in this subsection shall be
doubled.''.
(c) Investment Advisers Act of 1940.--
(1) Section 203.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(2) Section 209.--Section 209(e)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(d) Investment Company Act of 1940.--Section 9(d)(2) of the
Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING.
(a) Study.--The Commission shall conduct a study of the effects
that trading in securities by retail investors over the Internet or
other interactive computer service has on the securities markets,
including--
(1) with respect to ``day trading'' activities--
(A) whether a greater risk of fraud exists;
(B) whether such trading results in market
volatility;
(C) the effects on individual companies, the stock
of which fluctuates as a result of such volatility, if
any; and
(D) the effects on investors and their investment
patterns resulting from such volatility, if any; and
(2) the quality of execution received through online
trading services, including the effect of ``payment for order
flow'' and other practices on--
(A) the promptness of execution; and
(B) the purchase or sale price obtained for the
retail investor.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Congress a report on the
results of its study under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of Internet
Enforcement of the Securities and Exchange Commission $70,000,000 for
each of fiscal years 2000 through 2004, for the purpose of Internet
enforcement and other related investor protection activities, subject
to appropriations Acts.
Output: | Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members.
Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations.
Directs the SEC to study and report to Congress on the market impact of online trading.
Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Online Investor
Protection Act of 1999''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``interactive computer service'' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
(4) the term ``investment adviser'' has the same meaning as
in section 202 of the Investment Advisers Act of 1940;
(5) the term ``investment company'' has the same meaning as
in section 3 of the Investment Company Act of 1940;
(6) the term ``registered broker or dealer'' has the same
meaning as in section 3 of the Securities Exchange Act of 1934;
and
(7) the term ``retail investor'' means--
(A) any investor other than an accredited investor
(as defined in section 2(a)(15) of the Securities Act
of 1933); and
(B) any other similar person or class of persons,
as the Commission determines to be appropriate.
SEC. 2. ONLINE TRADING DISCLOSURES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 35A the following:
``SEC. 35B. ONLINE TRADING DISCLOSURES.
``(a) In General.--Each online broker or dealer shall, on a
quarterly basis, make available on the Internet or other interactive
computer service, such information as the Commission may require, by
rule or order, taking into account the needs of customers, and in such
format and within such time periods as the Commission may prescribe
regarding--
``(1) the date, time, and duration of any system outage or
other event that prevented or materially delayed the execution
of online securities transactions during the preceding quarter;
``(2) any steps taken to address or prevent such outages or
events; and
``(3) information regarding limiting risk of loss to
securities investors that is unique to online trading, as
required by the Commission, by rule or order.
``(b) Exceptions.--The Commission, by rule or order, may exempt
from the requirements of subsection (a) any online broker or dealer, or
class of online brokers or dealers, as the Commission determines to be
appropriate.
``(c) Definitions.--In this section--
``(1) the term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
``(2) the term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
``(3) the term `online broker or dealer' means any broker
or dealer that provides retail investors with a means to effect
securities transactions over the Internet or an interactive
computer service;
``(4) the term `online securities transaction' means a
securities transaction effected between a retail investor and
an online broker or dealer over the Internet or an interactive computer
service; and
``(5) the term `retail investor' means--
``(A) any customer of an online broker or dealer,
other than an accredited investor (as defined in
section 2(a)(15) of the Securities Act of 1933); and
``(B) any other similar person or class of persons,
as the Commission determines to be appropriate, by rule
or order.''.
SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET.
(a) In General.--Section l5A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting
the following:
``(i) Obligation To Maintain Disciplinary and Other Data.--
``(1) Maintenance of system to respond to inquiries.--A
registered securities association shall--
``(A) establish and maintain a toll-free telephone
listing or other readily accessible electronic process
to receive inquiries regarding disciplinary actions and
proceedings and other information involving its members
and associated persons of those members; and
``(B) promptly respond to such inquiries.
``(2) Recovery of costs.--A registered securities
association may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--A registered securities
association shall not have any liability to any person for any
action taken or omitted in good faith under this subsection.''.
(b) Records and Reports of Investment Advisers.--Section 204 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking ``Every investment'' and inserting the
following:
``(a) In General.--Every investment''; and
(2) by adding at the end the following:
``(b) Filing Depositories.--The Commission, by rule or order, may
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required to be filed by this title or the
rules issued under this title through any entity designated by
the Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing and the establishment and maintenance of the systems
required by subsection (c).
``(c) Access to Disciplinary and Other Information.--
``(1) Maintenance of system to respond to inquiries.--The
Commission shall require an entity designated by the Commission
pursuant to subsection (b)(1)--
``(A) to establish and maintain a toll-free
telephone listing or other readily accessible
electronic process to receive inquiries regarding
disciplinary actions and proceedings and other
information involving investment advisers and persons
associated with investment advisers; and
``(B) to respond promptly to such inquiries.
``(2) Recovery of costs.--An entity designated under
subsection (b)(1) may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--An entity designated under
subsection (b)(1) shall not have any liability to any person
for any action taken or omitted in good faith under this
subsection.''.
(c) Conforming Amendments.--
(1) In general.--Section 203A of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3a) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Repeal.--Section 306 of the National Securities Markets
Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is
repealed.
SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION.
(a) Electronic Links.--Not later than 1 year after the date of
enactment of this Act, each broker or dealer, investment company, and
investment adviser that effects securities transactions with retail
investors, or makes securities market information available to retail
investors for the purpose of effecting such transactions over the
Internet or other interactive computer service, shall provide to those
investors information regarding investor education and fraud prevention
provided by the Commission, through a hypertext link to a Commission
website established for that purpose, or in such other manner as may be
prescribed by the Commission.
(b) Regulatory Action.--The Commission shall issue final
regulations to implement this section not later than 6 months after the
date of enactment of this Act.
SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS.
(a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act
of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the
following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the Act or
omission resulting in a violation referred to in
paragraph (1) the amount of the penalty provided for in
this paragraph shall be doubled.''.
(b) Securities Exchange Act of 1934.--
(1) Section 21.--Section 21(d)(3)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by
adding at the end the following:
``(iv) Internet-related violations.--In any
case in which the Internet or other interactive
computer service (as defined in section 35B) is used as part of the act
or omission resulting in a violation referred to in subparagraph (A),
the amount of the penalty provided for in this subparagraph shall be
doubled.''.
(2) Section 21b.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the
end the following:
``(4) Internet-related violations.--In any case in which
the Internet or other interactive computer service (as defined
in section 35B) is used as part of the act or omission
resulting in a violation referred to in subsection (a), the
amount of the penalty provided for in this subsection shall be
doubled.''.
(c) Investment Advisers Act of 1940.--
(1) Section 203.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(2) Section 209.--Section 209(e)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(d) Investment Company Act of 1940.--Section 9(d)(2) of the
Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING.
(a) Study.--The Commission shall conduct a study of the effects
that trading in securities by retail investors over the Internet or
other interactive computer service has on the securities markets,
including--
(1) with respect to ``day trading'' activities--
(A) whether a greater risk of fraud exists;
(B) whether such trading results in market
volatility;
(C) the effects on individual companies, the stock
of which fluctuates as a result of such volatility, if
any; and
(D) the effects on investors and their investment
patterns resulting from such volatility, if any; and
(2) the quality of execution received through online
trading services, including the effect of ``payment for order
flow'' and other practices on--
(A) the promptness of execution; and
(B) the purchase or sale price obtained for the
retail investor.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Congress a report on the
results of its study under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of Internet
Enforcement of the Securities and Exchange Commission $70,000,000 for
each of fiscal years 2000 through 2004, for the purpose of Internet
enforcement and other related investor protection activities, subject
to appropriations Acts.
Output: | Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members.
Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations.
Directs the SEC to study and report to Congress on the market impact of online trading.
Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Online Investor
Protection Act of 1999''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``interactive computer service'' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
(4) the term ``investment adviser'' has the same meaning as
in section 202 of the Investment Advisers Act of 1940;
(5) the term ``investment company'' has the same meaning as
in section 3 of the Investment Company Act of 1940;
(6) the term ``registered broker or dealer'' has the same
meaning as in section 3 of the Securities Exchange Act of 1934;
and
(7) the term ``retail investor'' means--
(A) any investor other than an accredited investor
(as defined in section 2(a)(15) of the Securities Act
of 1933); and
(B) any other similar person or class of persons,
as the Commission determines to be appropriate.
SEC. 2. ONLINE TRADING DISCLOSURES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 35A the following:
``SEC. 35B. ONLINE TRADING DISCLOSURES.
``(a) In General.--Each online broker or dealer shall, on a
quarterly basis, make available on the Internet or other interactive
computer service, such information as the Commission may require, by
rule or order, taking into account the needs of customers, and in such
format and within such time periods as the Commission may prescribe
regarding--
``(1) the date, time, and duration of any system outage or
other event that prevented or materially delayed the execution
of online securities transactions during the preceding quarter;
``(2) any steps taken to address or prevent such outages or
events; and
``(3) information regarding limiting risk of loss to
securities investors that is unique to online trading, as
required by the Commission, by rule or order.
``(b) Exceptions.--The Commission, by rule or order, may exempt
from the requirements of subsection (a) any online broker or dealer, or
class of online brokers or dealers, as the Commission determines to be
appropriate.
``(c) Definitions.--In this section--
``(1) the term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
``(2) the term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational institutions;
``(3) the term `online broker or dealer' means any broker
or dealer that provides retail investors with a means to effect
securities transactions over the Internet or an interactive
computer service;
``(4) the term `online securities transaction' means a
securities transaction effected between a retail investor and
an online broker or dealer over the Internet or an interactive computer
service; and
``(5) the term `retail investor' means--
``(A) any customer of an online broker or dealer,
other than an accredited investor (as defined in
section 2(a)(15) of the Securities Act of 1933); and
``(B) any other similar person or class of persons,
as the Commission determines to be appropriate, by rule
or order.''.
SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET.
(a) In General.--Section l5A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting
the following:
``(i) Obligation To Maintain Disciplinary and Other Data.--
``(1) Maintenance of system to respond to inquiries.--A
registered securities association shall--
``(A) establish and maintain a toll-free telephone
listing or other readily accessible electronic process
to receive inquiries regarding disciplinary actions and
proceedings and other information involving its members
and associated persons of those members; and
``(B) promptly respond to such inquiries.
``(2) Recovery of costs.--A registered securities
association may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--A registered securities
association shall not have any liability to any person for any
action taken or omitted in good faith under this subsection.''.
(b) Records and Reports of Investment Advisers.--Section 204 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by striking ``Every investment'' and inserting the
following:
``(a) In General.--Every investment''; and
(2) by adding at the end the following:
``(b) Filing Depositories.--The Commission, by rule or order, may
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required to be filed by this title or the
rules issued under this title through any entity designated by
the Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing and the establishment and maintenance of the systems
required by subsection (c).
``(c) Access to Disciplinary and Other Information.--
``(1) Maintenance of system to respond to inquiries.--The
Commission shall require an entity designated by the Commission
pursuant to subsection (b)(1)--
``(A) to establish and maintain a toll-free
telephone listing or other readily accessible
electronic process to receive inquiries regarding
disciplinary actions and proceedings and other
information involving investment advisers and persons
associated with investment advisers; and
``(B) to respond promptly to such inquiries.
``(2) Recovery of costs.--An entity designated under
subsection (b)(1) may charge persons, other than individual
investors, reasonable fees for responses to inquiries referred
to in paragraph (1).
``(3) Limitation on liability.--An entity designated under
subsection (b)(1) shall not have any liability to any person
for any action taken or omitted in good faith under this
subsection.''.
(c) Conforming Amendments.--
(1) In general.--Section 203A of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3a) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Repeal.--Section 306 of the National Securities Markets
Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is
repealed.
SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION.
(a) Electronic Links.--Not later than 1 year after the date of
enactment of this Act, each broker or dealer, investment company, and
investment adviser that effects securities transactions with retail
investors, or makes securities market information available to retail
investors for the purpose of effecting such transactions over the
Internet or other interactive computer service, shall provide to those
investors information regarding investor education and fraud prevention
provided by the Commission, through a hypertext link to a Commission
website established for that purpose, or in such other manner as may be
prescribed by the Commission.
(b) Regulatory Action.--The Commission shall issue final
regulations to implement this section not later than 6 months after the
date of enactment of this Act.
SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS.
(a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act
of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the
following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the Act or
omission resulting in a violation referred to in
paragraph (1) the amount of the penalty provided for in
this paragraph shall be doubled.''.
(b) Securities Exchange Act of 1934.--
(1) Section 21.--Section 21(d)(3)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by
adding at the end the following:
``(iv) Internet-related violations.--In any
case in which the Internet or other interactive
computer service (as defined in section 35B) is used as part of the act
or omission resulting in a violation referred to in subparagraph (A),
the amount of the penalty provided for in this subparagraph shall be
doubled.''.
(2) Section 21b.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the
end the following:
``(4) Internet-related violations.--In any case in which
the Internet or other interactive computer service (as defined
in section 35B) is used as part of the act or omission
resulting in a violation referred to in subsection (a), the
amount of the penalty provided for in this subsection shall be
doubled.''.
(c) Investment Advisers Act of 1940.--
(1) Section 203.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(2) Section 209.--Section 209(e)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
(d) Investment Company Act of 1940.--Section 9(d)(2) of the
Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by
adding at the end the following:
``(D) Internet-related violations.--In any case in
which the Internet or other interactive computer
service (as defined in section 35B of the Securities
Exchange Act of 1934) is used as part of the act or
omission resulting in a violation referred to in
paragraph (1), the amount of the penalty provided for
in this paragraph shall be doubled.''.
SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING.
(a) Study.--The Commission shall conduct a study of the effects
that trading in securities by retail investors over the Internet or
other interactive computer service has on the securities markets,
including--
(1) with respect to ``day trading'' activities--
(A) whether a greater risk of fraud exists;
(B) whether such trading results in market
volatility;
(C) the effects on individual companies, the stock
of which fluctuates as a result of such volatility, if
any; and
(D) the effects on investors and their investment
patterns resulting from such volatility, if any; and
(2) the quality of execution received through online
trading services, including the effect of ``payment for order
flow'' and other practices on--
(A) the promptness of execution; and
(B) the purchase or sale price obtained for the
retail investor.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Congress a report on the
results of its study under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of Internet
Enforcement of the Securities and Exchange Commission $70,000,000 for
each of fiscal years 2000 through 2004, for the purpose of Internet
enforcement and other related investor protection activities, subject
to appropriations Acts.
Output: | Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members.
Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations.
Directs the SEC to study and report to Congress on the market impact of online trading.
Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine--General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent authorized
by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) the United States will continue its campaign against
international terror to all places where terrorism exists;
(2) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(3) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(4) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(5) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(6) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent
relevant resolutions through its continued purchase of oil from Iraq;
and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Authority To Provide Assistance to Syria and Lebanon.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to Congress in
accordance with such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982), then the
President is authorized notwithstanding any other provision of
law to provide assistance to Syria and Lebanon under chapter 1
of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Output: | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain yourself.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine--General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent authorized
by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) the United States will continue its campaign against
international terror to all places where terrorism exists;
(2) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(3) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(4) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(5) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(6) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent
relevant resolutions through its continued purchase of oil from Iraq;
and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Authority To Provide Assistance to Syria and Lebanon.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to Congress in
accordance with such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982), then the
President is authorized notwithstanding any other provision of
law to provide assistance to Syria and Lebanon under chapter 1
of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Output: | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine--General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent authorized
by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) the United States will continue its campaign against
international terror to all places where terrorism exists;
(2) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(3) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(4) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(5) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(6) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent
relevant resolutions through its continued purchase of oil from Iraq;
and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Authority To Provide Assistance to Syria and Lebanon.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to Congress in
accordance with such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982), then the
President is authorized notwithstanding any other provision of
law to provide assistance to Syria and Lebanon under chapter 1
of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Output: | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine--General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent authorized
by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) the United States will continue its campaign against
international terror to all places where terrorism exists;
(2) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(3) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(4) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(5) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(6) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent
relevant resolutions through its continued purchase of oil from Iraq;
and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Authority To Provide Assistance to Syria and Lebanon.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to Congress in
accordance with such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982), then the
President is authorized notwithstanding any other provision of
law to provide assistance to Syria and Lebanon under chapter 1
of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Output: | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine--General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent authorized
by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) the United States will continue its campaign against
international terror to all places where terrorism exists;
(2) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(3) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(4) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(5) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(6) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent
relevant resolutions through its continued purchase of oil from Iraq;
and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Authority To Provide Assistance to Syria and Lebanon.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to Congress in
accordance with such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982), then the
President is authorized notwithstanding any other provision of
law to provide assistance to Syria and Lebanon under chapter 1
of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Output: | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine--General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent authorized
by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) the United States will continue its campaign against
international terror to all places where terrorism exists;
(2) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(3) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(4) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(5) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(6) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent
relevant resolutions through its continued purchase of oil from Iraq;
and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Authority To Provide Assistance to Syria and Lebanon.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to Congress in
accordance with such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982), then the
President is authorized notwithstanding any other provision of
law to provide assistance to Syria and Lebanon under chapter 1
of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Output: | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012.
Output: | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012.
Output: | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012.
Output: | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012.
Output: | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012.
Output: | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012.
Output: | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''.
Output: | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''.
Output: | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''.
Output: | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''.
Output: | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''.
Output: | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain yourself.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''.
Output: | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Scientists Immigration Act of
2002''.
SEC. 2. ADMISSION OF CRITICAL ALIENS.
(a) Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding a new subparagraph (W), reading:
``(W) Subject to section 214(s), an alien--
``(i) who the Attorney General determines,
in coordination with the Secretary of State,
the Director of Central Intelligence and such
other officials as he may deem appropriate, and
in the Attorney General's unreviewable
discretion, is an individual--
``(I) who has worked at any time in
an Iraqi program to produce weapons of
mass destruction or the means to
deliver them;
``(II) who is in possession of
critical and reliable information
concerning any such Iraqi program;
``(III) who is willing to provide,
or has provided, such information to
the United States Government;
``(IV) who may be willing to
provide, or has provided, such
information to inspectors of the United
Nations or of the International Atomic
Energy Agency;
``(V) who will be or has been
placed in danger as a result of
providing such information; and
``(VI) whose admission would be in
the public interest or in the interest
of national security; or
``(ii) who is the spouse, married or
unmarried son or daughter, parent, or other
relative, as determined by the Attorney General
in his unreviewable discretion, of an alien
described in clause (i), if accompanying or
following to join such alien, and whose
admission the Attorney General, in coordination
with the Secretary of State and the Director of
Central Intelligence, determines in his
unreviewable discretion is in the public
interest or in the interest of national
security.''.
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), is amended by--
(1) redesignating subsections second (m) (as added by
section 105 of Public Law 106-313), (n) (as added by section
107(e) of Public Law 106-386), (o) (as added by section 1513(c)
of Public Law 106-386), second (o) (as added by section 1102(b)
of the Legal Immigration Family Equity Act), and (p) (as added
by section 1503(b) of the Legal Immigration Family Equity Act),
as subsections (n), (o), (p), (q), and (r) respectively; and
(2) adding a new subsection (s) reading:
``(s) Numerical limitations and conditions of admission and stay
for nonimmigrants admitted under section 101(a)(15)(W).
``(1) The number of aliens who may be admitted to the
United States or otherwise granted status under section
101(a)(15)(W)(i) may not exceed a total of 500.
``(2) As a condition for the admission, and continued stay
in lawful status, of any alien admitted to the United States or
otherwise granted status as a nonimmigrant under section
101(a)(15)(W), the nonimmigrant--
``(A) shall report to the Attorney General such
information concerning the alien's whereabouts and
activities as the Attorney General may require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission or grant of status;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal or
for protection under the Convention Against Torture,
any action for removal of the alien instituted before
the alien obtains lawful permanent resident status;
``(D) shall cooperate fully with all requests for
information from the United States Government
including, but not limited to, fully and truthfully
disclosing to the United States Government all
information in the alien's possession concerning any
Iraqi program to produce weapons of mass destruction or
the means to deliver them; and
``(E) shall abide by any other condition,
limitation, or restriction imposed by the Attorney
General.''.
(c) Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), is amended by--
(1) In subsection (c), striking ``or'' before ``(8)'' and
inserting before the period, ``or (9) an alien who was admitted
as a nonimmigrant described in section 101(a)(15)(W)'';
(2) redesignating subsection (l), relating to ``U'' visa
nonimmigrants, as subsection (m); and
(3) adding a new subsection (n) reading:
``(n) Adjustment to permanent resident status of ``W''
nonimmigrants.
``(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(W)(i)
has complied with section 214(s) since such admission or grant
of status, the Attorney General may, in coordination with the
Secretary of State and the Director of Central Intelligence,
and in his unreviewable discretion, adjust the status of the
alien (and any alien who has accompanied or followed to join
such alien pursuant to section 101(a)(15)(W)(ii) and who has
complied with section 214(s) since admission or grant of
nonimmigrant status) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).
``(2) Upon the approval of adjustment of status of any
alien under paragraph (1), the Attorney General shall record
the alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
``(2) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(W). The Attorney General, in
the Attorney General's discretion, may waive the application of
subsection (a) in the case of such a nonimmigrant if the
Attorney General considers it to be in the public interest or
in the interest of national security.''.
(e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C.
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or
(W)''.
SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED.
(a) In General.--In this Act, the term ``weapon of mass
destruction'' has the meaning given the term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by
subsection (b).
(b) Technical Correction.--Section 1403(1)(B) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by
striking ``a disease organism'' and inserting ``a biological agent,
toxin, or vector (as those terms are defined in section 178 of title
18, United States Code)''.
Passed the Senate November 20, 2002.
Attest:
JERI THOMSON,
Secretary.
Output: | Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." . |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Scientists Immigration Act of
2002''.
SEC. 2. ADMISSION OF CRITICAL ALIENS.
(a) Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding a new subparagraph (W), reading:
``(W) Subject to section 214(s), an alien--
``(i) who the Attorney General determines,
in coordination with the Secretary of State,
the Director of Central Intelligence and such
other officials as he may deem appropriate, and
in the Attorney General's unreviewable
discretion, is an individual--
``(I) who has worked at any time in
an Iraqi program to produce weapons of
mass destruction or the means to
deliver them;
``(II) who is in possession of
critical and reliable information
concerning any such Iraqi program;
``(III) who is willing to provide,
or has provided, such information to
the United States Government;
``(IV) who may be willing to
provide, or has provided, such
information to inspectors of the United
Nations or of the International Atomic
Energy Agency;
``(V) who will be or has been
placed in danger as a result of
providing such information; and
``(VI) whose admission would be in
the public interest or in the interest
of national security; or
``(ii) who is the spouse, married or
unmarried son or daughter, parent, or other
relative, as determined by the Attorney General
in his unreviewable discretion, of an alien
described in clause (i), if accompanying or
following to join such alien, and whose
admission the Attorney General, in coordination
with the Secretary of State and the Director of
Central Intelligence, determines in his
unreviewable discretion is in the public
interest or in the interest of national
security.''.
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), is amended by--
(1) redesignating subsections second (m) (as added by
section 105 of Public Law 106-313), (n) (as added by section
107(e) of Public Law 106-386), (o) (as added by section 1513(c)
of Public Law 106-386), second (o) (as added by section 1102(b)
of the Legal Immigration Family Equity Act), and (p) (as added
by section 1503(b) of the Legal Immigration Family Equity Act),
as subsections (n), (o), (p), (q), and (r) respectively; and
(2) adding a new subsection (s) reading:
``(s) Numerical limitations and conditions of admission and stay
for nonimmigrants admitted under section 101(a)(15)(W).
``(1) The number of aliens who may be admitted to the
United States or otherwise granted status under section
101(a)(15)(W)(i) may not exceed a total of 500.
``(2) As a condition for the admission, and continued stay
in lawful status, of any alien admitted to the United States or
otherwise granted status as a nonimmigrant under section
101(a)(15)(W), the nonimmigrant--
``(A) shall report to the Attorney General such
information concerning the alien's whereabouts and
activities as the Attorney General may require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission or grant of status;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal or
for protection under the Convention Against Torture,
any action for removal of the alien instituted before
the alien obtains lawful permanent resident status;
``(D) shall cooperate fully with all requests for
information from the United States Government
including, but not limited to, fully and truthfully
disclosing to the United States Government all
information in the alien's possession concerning any
Iraqi program to produce weapons of mass destruction or
the means to deliver them; and
``(E) shall abide by any other condition,
limitation, or restriction imposed by the Attorney
General.''.
(c) Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), is amended by--
(1) In subsection (c), striking ``or'' before ``(8)'' and
inserting before the period, ``or (9) an alien who was admitted
as a nonimmigrant described in section 101(a)(15)(W)'';
(2) redesignating subsection (l), relating to ``U'' visa
nonimmigrants, as subsection (m); and
(3) adding a new subsection (n) reading:
``(n) Adjustment to permanent resident status of ``W''
nonimmigrants.
``(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(W)(i)
has complied with section 214(s) since such admission or grant
of status, the Attorney General may, in coordination with the
Secretary of State and the Director of Central Intelligence,
and in his unreviewable discretion, adjust the status of the
alien (and any alien who has accompanied or followed to join
such alien pursuant to section 101(a)(15)(W)(ii) and who has
complied with section 214(s) since admission or grant of
nonimmigrant status) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).
``(2) Upon the approval of adjustment of status of any
alien under paragraph (1), the Attorney General shall record
the alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
``(2) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(W). The Attorney General, in
the Attorney General's discretion, may waive the application of
subsection (a) in the case of such a nonimmigrant if the
Attorney General considers it to be in the public interest or
in the interest of national security.''.
(e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C.
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or
(W)''.
SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED.
(a) In General.--In this Act, the term ``weapon of mass
destruction'' has the meaning given the term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by
subsection (b).
(b) Technical Correction.--Section 1403(1)(B) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by
striking ``a disease organism'' and inserting ``a biological agent,
toxin, or vector (as those terms are defined in section 178 of title
18, United States Code)''.
Passed the Senate November 20, 2002.
Attest:
JERI THOMSON,
Secretary.
Output: | Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." . |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Scientists Immigration Act of
2002''.
SEC. 2. ADMISSION OF CRITICAL ALIENS.
(a) Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding a new subparagraph (W), reading:
``(W) Subject to section 214(s), an alien--
``(i) who the Attorney General determines,
in coordination with the Secretary of State,
the Director of Central Intelligence and such
other officials as he may deem appropriate, and
in the Attorney General's unreviewable
discretion, is an individual--
``(I) who has worked at any time in
an Iraqi program to produce weapons of
mass destruction or the means to
deliver them;
``(II) who is in possession of
critical and reliable information
concerning any such Iraqi program;
``(III) who is willing to provide,
or has provided, such information to
the United States Government;
``(IV) who may be willing to
provide, or has provided, such
information to inspectors of the United
Nations or of the International Atomic
Energy Agency;
``(V) who will be or has been
placed in danger as a result of
providing such information; and
``(VI) whose admission would be in
the public interest or in the interest
of national security; or
``(ii) who is the spouse, married or
unmarried son or daughter, parent, or other
relative, as determined by the Attorney General
in his unreviewable discretion, of an alien
described in clause (i), if accompanying or
following to join such alien, and whose
admission the Attorney General, in coordination
with the Secretary of State and the Director of
Central Intelligence, determines in his
unreviewable discretion is in the public
interest or in the interest of national
security.''.
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), is amended by--
(1) redesignating subsections second (m) (as added by
section 105 of Public Law 106-313), (n) (as added by section
107(e) of Public Law 106-386), (o) (as added by section 1513(c)
of Public Law 106-386), second (o) (as added by section 1102(b)
of the Legal Immigration Family Equity Act), and (p) (as added
by section 1503(b) of the Legal Immigration Family Equity Act),
as subsections (n), (o), (p), (q), and (r) respectively; and
(2) adding a new subsection (s) reading:
``(s) Numerical limitations and conditions of admission and stay
for nonimmigrants admitted under section 101(a)(15)(W).
``(1) The number of aliens who may be admitted to the
United States or otherwise granted status under section
101(a)(15)(W)(i) may not exceed a total of 500.
``(2) As a condition for the admission, and continued stay
in lawful status, of any alien admitted to the United States or
otherwise granted status as a nonimmigrant under section
101(a)(15)(W), the nonimmigrant--
``(A) shall report to the Attorney General such
information concerning the alien's whereabouts and
activities as the Attorney General may require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission or grant of status;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal or
for protection under the Convention Against Torture,
any action for removal of the alien instituted before
the alien obtains lawful permanent resident status;
``(D) shall cooperate fully with all requests for
information from the United States Government
including, but not limited to, fully and truthfully
disclosing to the United States Government all
information in the alien's possession concerning any
Iraqi program to produce weapons of mass destruction or
the means to deliver them; and
``(E) shall abide by any other condition,
limitation, or restriction imposed by the Attorney
General.''.
(c) Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), is amended by--
(1) In subsection (c), striking ``or'' before ``(8)'' and
inserting before the period, ``or (9) an alien who was admitted
as a nonimmigrant described in section 101(a)(15)(W)'';
(2) redesignating subsection (l), relating to ``U'' visa
nonimmigrants, as subsection (m); and
(3) adding a new subsection (n) reading:
``(n) Adjustment to permanent resident status of ``W''
nonimmigrants.
``(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(W)(i)
has complied with section 214(s) since such admission or grant
of status, the Attorney General may, in coordination with the
Secretary of State and the Director of Central Intelligence,
and in his unreviewable discretion, adjust the status of the
alien (and any alien who has accompanied or followed to join
such alien pursuant to section 101(a)(15)(W)(ii) and who has
complied with section 214(s) since admission or grant of
nonimmigrant status) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).
``(2) Upon the approval of adjustment of status of any
alien under paragraph (1), the Attorney General shall record
the alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
``(2) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(W). The Attorney General, in
the Attorney General's discretion, may waive the application of
subsection (a) in the case of such a nonimmigrant if the
Attorney General considers it to be in the public interest or
in the interest of national security.''.
(e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C.
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or
(W)''.
SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED.
(a) In General.--In this Act, the term ``weapon of mass
destruction'' has the meaning given the term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by
subsection (b).
(b) Technical Correction.--Section 1403(1)(B) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by
striking ``a disease organism'' and inserting ``a biological agent,
toxin, or vector (as those terms are defined in section 178 of title
18, United States Code)''.
Passed the Senate November 20, 2002.
Attest:
JERI THOMSON,
Secretary.
Output: | Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." . |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Scientists Immigration Act of
2002''.
SEC. 2. ADMISSION OF CRITICAL ALIENS.
(a) Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding a new subparagraph (W), reading:
``(W) Subject to section 214(s), an alien--
``(i) who the Attorney General determines,
in coordination with the Secretary of State,
the Director of Central Intelligence and such
other officials as he may deem appropriate, and
in the Attorney General's unreviewable
discretion, is an individual--
``(I) who has worked at any time in
an Iraqi program to produce weapons of
mass destruction or the means to
deliver them;
``(II) who is in possession of
critical and reliable information
concerning any such Iraqi program;
``(III) who is willing to provide,
or has provided, such information to
the United States Government;
``(IV) who may be willing to
provide, or has provided, such
information to inspectors of the United
Nations or of the International Atomic
Energy Agency;
``(V) who will be or has been
placed in danger as a result of
providing such information; and
``(VI) whose admission would be in
the public interest or in the interest
of national security; or
``(ii) who is the spouse, married or
unmarried son or daughter, parent, or other
relative, as determined by the Attorney General
in his unreviewable discretion, of an alien
described in clause (i), if accompanying or
following to join such alien, and whose
admission the Attorney General, in coordination
with the Secretary of State and the Director of
Central Intelligence, determines in his
unreviewable discretion is in the public
interest or in the interest of national
security.''.
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), is amended by--
(1) redesignating subsections second (m) (as added by
section 105 of Public Law 106-313), (n) (as added by section
107(e) of Public Law 106-386), (o) (as added by section 1513(c)
of Public Law 106-386), second (o) (as added by section 1102(b)
of the Legal Immigration Family Equity Act), and (p) (as added
by section 1503(b) of the Legal Immigration Family Equity Act),
as subsections (n), (o), (p), (q), and (r) respectively; and
(2) adding a new subsection (s) reading:
``(s) Numerical limitations and conditions of admission and stay
for nonimmigrants admitted under section 101(a)(15)(W).
``(1) The number of aliens who may be admitted to the
United States or otherwise granted status under section
101(a)(15)(W)(i) may not exceed a total of 500.
``(2) As a condition for the admission, and continued stay
in lawful status, of any alien admitted to the United States or
otherwise granted status as a nonimmigrant under section
101(a)(15)(W), the nonimmigrant--
``(A) shall report to the Attorney General such
information concerning the alien's whereabouts and
activities as the Attorney General may require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission or grant of status;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal or
for protection under the Convention Against Torture,
any action for removal of the alien instituted before
the alien obtains lawful permanent resident status;
``(D) shall cooperate fully with all requests for
information from the United States Government
including, but not limited to, fully and truthfully
disclosing to the United States Government all
information in the alien's possession concerning any
Iraqi program to produce weapons of mass destruction or
the means to deliver them; and
``(E) shall abide by any other condition,
limitation, or restriction imposed by the Attorney
General.''.
(c) Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), is amended by--
(1) In subsection (c), striking ``or'' before ``(8)'' and
inserting before the period, ``or (9) an alien who was admitted
as a nonimmigrant described in section 101(a)(15)(W)'';
(2) redesignating subsection (l), relating to ``U'' visa
nonimmigrants, as subsection (m); and
(3) adding a new subsection (n) reading:
``(n) Adjustment to permanent resident status of ``W''
nonimmigrants.
``(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(W)(i)
has complied with section 214(s) since such admission or grant
of status, the Attorney General may, in coordination with the
Secretary of State and the Director of Central Intelligence,
and in his unreviewable discretion, adjust the status of the
alien (and any alien who has accompanied or followed to join
such alien pursuant to section 101(a)(15)(W)(ii) and who has
complied with section 214(s) since admission or grant of
nonimmigrant status) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).
``(2) Upon the approval of adjustment of status of any
alien under paragraph (1), the Attorney General shall record
the alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
``(2) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(W). The Attorney General, in
the Attorney General's discretion, may waive the application of
subsection (a) in the case of such a nonimmigrant if the
Attorney General considers it to be in the public interest or
in the interest of national security.''.
(e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C.
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or
(W)''.
SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED.
(a) In General.--In this Act, the term ``weapon of mass
destruction'' has the meaning given the term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by
subsection (b).
(b) Technical Correction.--Section 1403(1)(B) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by
striking ``a disease organism'' and inserting ``a biological agent,
toxin, or vector (as those terms are defined in section 178 of title
18, United States Code)''.
Passed the Senate November 20, 2002.
Attest:
JERI THOMSON,
Secretary.
Output: | Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." . |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Scientists Immigration Act of
2002''.
SEC. 2. ADMISSION OF CRITICAL ALIENS.
(a) Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding a new subparagraph (W), reading:
``(W) Subject to section 214(s), an alien--
``(i) who the Attorney General determines,
in coordination with the Secretary of State,
the Director of Central Intelligence and such
other officials as he may deem appropriate, and
in the Attorney General's unreviewable
discretion, is an individual--
``(I) who has worked at any time in
an Iraqi program to produce weapons of
mass destruction or the means to
deliver them;
``(II) who is in possession of
critical and reliable information
concerning any such Iraqi program;
``(III) who is willing to provide,
or has provided, such information to
the United States Government;
``(IV) who may be willing to
provide, or has provided, such
information to inspectors of the United
Nations or of the International Atomic
Energy Agency;
``(V) who will be or has been
placed in danger as a result of
providing such information; and
``(VI) whose admission would be in
the public interest or in the interest
of national security; or
``(ii) who is the spouse, married or
unmarried son or daughter, parent, or other
relative, as determined by the Attorney General
in his unreviewable discretion, of an alien
described in clause (i), if accompanying or
following to join such alien, and whose
admission the Attorney General, in coordination
with the Secretary of State and the Director of
Central Intelligence, determines in his
unreviewable discretion is in the public
interest or in the interest of national
security.''.
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), is amended by--
(1) redesignating subsections second (m) (as added by
section 105 of Public Law 106-313), (n) (as added by section
107(e) of Public Law 106-386), (o) (as added by section 1513(c)
of Public Law 106-386), second (o) (as added by section 1102(b)
of the Legal Immigration Family Equity Act), and (p) (as added
by section 1503(b) of the Legal Immigration Family Equity Act),
as subsections (n), (o), (p), (q), and (r) respectively; and
(2) adding a new subsection (s) reading:
``(s) Numerical limitations and conditions of admission and stay
for nonimmigrants admitted under section 101(a)(15)(W).
``(1) The number of aliens who may be admitted to the
United States or otherwise granted status under section
101(a)(15)(W)(i) may not exceed a total of 500.
``(2) As a condition for the admission, and continued stay
in lawful status, of any alien admitted to the United States or
otherwise granted status as a nonimmigrant under section
101(a)(15)(W), the nonimmigrant--
``(A) shall report to the Attorney General such
information concerning the alien's whereabouts and
activities as the Attorney General may require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission or grant of status;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal or
for protection under the Convention Against Torture,
any action for removal of the alien instituted before
the alien obtains lawful permanent resident status;
``(D) shall cooperate fully with all requests for
information from the United States Government
including, but not limited to, fully and truthfully
disclosing to the United States Government all
information in the alien's possession concerning any
Iraqi program to produce weapons of mass destruction or
the means to deliver them; and
``(E) shall abide by any other condition,
limitation, or restriction imposed by the Attorney
General.''.
(c) Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), is amended by--
(1) In subsection (c), striking ``or'' before ``(8)'' and
inserting before the period, ``or (9) an alien who was admitted
as a nonimmigrant described in section 101(a)(15)(W)'';
(2) redesignating subsection (l), relating to ``U'' visa
nonimmigrants, as subsection (m); and
(3) adding a new subsection (n) reading:
``(n) Adjustment to permanent resident status of ``W''
nonimmigrants.
``(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(W)(i)
has complied with section 214(s) since such admission or grant
of status, the Attorney General may, in coordination with the
Secretary of State and the Director of Central Intelligence,
and in his unreviewable discretion, adjust the status of the
alien (and any alien who has accompanied or followed to join
such alien pursuant to section 101(a)(15)(W)(ii) and who has
complied with section 214(s) since admission or grant of
nonimmigrant status) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).
``(2) Upon the approval of adjustment of status of any
alien under paragraph (1), the Attorney General shall record
the alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
``(2) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(W). The Attorney General, in
the Attorney General's discretion, may waive the application of
subsection (a) in the case of such a nonimmigrant if the
Attorney General considers it to be in the public interest or
in the interest of national security.''.
(e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C.
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or
(W)''.
SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED.
(a) In General.--In this Act, the term ``weapon of mass
destruction'' has the meaning given the term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by
subsection (b).
(b) Technical Correction.--Section 1403(1)(B) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by
striking ``a disease organism'' and inserting ``a biological agent,
toxin, or vector (as those terms are defined in section 178 of title
18, United States Code)''.
Passed the Senate November 20, 2002.
Attest:
JERI THOMSON,
Secretary.
Output: | Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." . |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain your answer first.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Scientists Immigration Act of
2002''.
SEC. 2. ADMISSION OF CRITICAL ALIENS.
(a) Section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) by adding a new subparagraph (W), reading:
``(W) Subject to section 214(s), an alien--
``(i) who the Attorney General determines,
in coordination with the Secretary of State,
the Director of Central Intelligence and such
other officials as he may deem appropriate, and
in the Attorney General's unreviewable
discretion, is an individual--
``(I) who has worked at any time in
an Iraqi program to produce weapons of
mass destruction or the means to
deliver them;
``(II) who is in possession of
critical and reliable information
concerning any such Iraqi program;
``(III) who is willing to provide,
or has provided, such information to
the United States Government;
``(IV) who may be willing to
provide, or has provided, such
information to inspectors of the United
Nations or of the International Atomic
Energy Agency;
``(V) who will be or has been
placed in danger as a result of
providing such information; and
``(VI) whose admission would be in
the public interest or in the interest
of national security; or
``(ii) who is the spouse, married or
unmarried son or daughter, parent, or other
relative, as determined by the Attorney General
in his unreviewable discretion, of an alien
described in clause (i), if accompanying or
following to join such alien, and whose
admission the Attorney General, in coordination
with the Secretary of State and the Director of
Central Intelligence, determines in his
unreviewable discretion is in the public
interest or in the interest of national
security.''.
(b) Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), is amended by--
(1) redesignating subsections second (m) (as added by
section 105 of Public Law 106-313), (n) (as added by section
107(e) of Public Law 106-386), (o) (as added by section 1513(c)
of Public Law 106-386), second (o) (as added by section 1102(b)
of the Legal Immigration Family Equity Act), and (p) (as added
by section 1503(b) of the Legal Immigration Family Equity Act),
as subsections (n), (o), (p), (q), and (r) respectively; and
(2) adding a new subsection (s) reading:
``(s) Numerical limitations and conditions of admission and stay
for nonimmigrants admitted under section 101(a)(15)(W).
``(1) The number of aliens who may be admitted to the
United States or otherwise granted status under section
101(a)(15)(W)(i) may not exceed a total of 500.
``(2) As a condition for the admission, and continued stay
in lawful status, of any alien admitted to the United States or
otherwise granted status as a nonimmigrant under section
101(a)(15)(W), the nonimmigrant--
``(A) shall report to the Attorney General such
information concerning the alien's whereabouts and
activities as the Attorney General may require;
``(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission or grant of status;
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal or
for protection under the Convention Against Torture,
any action for removal of the alien instituted before
the alien obtains lawful permanent resident status;
``(D) shall cooperate fully with all requests for
information from the United States Government
including, but not limited to, fully and truthfully
disclosing to the United States Government all
information in the alien's possession concerning any
Iraqi program to produce weapons of mass destruction or
the means to deliver them; and
``(E) shall abide by any other condition,
limitation, or restriction imposed by the Attorney
General.''.
(c) Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), is amended by--
(1) In subsection (c), striking ``or'' before ``(8)'' and
inserting before the period, ``or (9) an alien who was admitted
as a nonimmigrant described in section 101(a)(15)(W)'';
(2) redesignating subsection (l), relating to ``U'' visa
nonimmigrants, as subsection (m); and
(3) adding a new subsection (n) reading:
``(n) Adjustment to permanent resident status of ``W''
nonimmigrants.
``(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(W)(i)
has complied with section 214(s) since such admission or grant
of status, the Attorney General may, in coordination with the
Secretary of State and the Director of Central Intelligence,
and in his unreviewable discretion, adjust the status of the
alien (and any alien who has accompanied or followed to join
such alien pursuant to section 101(a)(15)(W)(ii) and who has
complied with section 214(s) since admission or grant of
nonimmigrant status) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).
``(2) Upon the approval of adjustment of status of any
alien under paragraph (1), the Attorney General shall record
the alien's lawful admission for permanent residence as of the
date of such approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
``(2) The Attorney General shall determine whether a ground
of inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(W). The Attorney General, in
the Attorney General's discretion, may waive the application of
subsection (a) in the case of such a nonimmigrant if the
Attorney General considers it to be in the public interest or
in the interest of national security.''.
(e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C.
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or
(W)''.
SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED.
(a) In General.--In this Act, the term ``weapon of mass
destruction'' has the meaning given the term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by
subsection (b).
(b) Technical Correction.--Section 1403(1)(B) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by
striking ``a disease organism'' and inserting ``a biological agent,
toxin, or vector (as those terms are defined in section 178 of title
18, United States Code)''.
Passed the Senate November 20, 2002.
Attest:
JERI THOMSON,
Secretary.
Output: | Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." . |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Output: | Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies. |
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Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Input: SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Output: | Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies. |
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Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Output: | Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Output: | Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Output: | Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain yourself.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Output: | Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern High Plains Groundwater
Resource Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A reliable source of groundwater is an essential
element of the economy of the communities on the High Plains.
(2) The High Plains Aquifer and the Ogallala Aquifer are
closely related hydrogeographic structures. The High Plains
Aquifer consists largely of the Ogallala Aquifer with small
components of other geologic units.
(3) The High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century. The average weighted decline in the aquifer from 1950
to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999).
(4) The decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, reporting that
large areas in the States of Kansas, New Mexico, and Texas
experienced declines of over 100 feet in that period (USGS Fact
Sheet 124-99, Dec. 1999).
(5) The saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas (1186 USGS Circular
27, 1999). Furthermore, the survey has reported that the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997 (USGS Fact Sheet 124-
99, Dec. 1999).
(6) The decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains. (``External Effects of Irrigators' Pumping Decisions,
High Plains Aquifer'' Alley and Schefter, American Geophysical
Union paper #7W0326; Water Resources Research, Vol. 23, No. 7
1123-1130, July 1987).
(7) Hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a very local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures. (``External Effects of Irrigators'
Pumping Decisions, High Plains Aquifer'', Alley and Schefter,
American Geophysical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123-1130, July 1987).
(8) Incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the Southern High Plains that is
sustainable.
(9) For water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates, extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purposes.--To promote groundwater conservation on the Southern
High Plains in order to extend the usable life of the Southern Ogallala
Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) High plains aquifer.--The term ``High Plains Aquifer''
means the groundwater reserve depicted as Figure 1 in the
United States Geological Survey Professional Paper 1400-B,
titled ``Geohydrology of the High Plains Aquifer in Parts of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming''.
(2) High plains.--The term ``High Plains'' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of New Mexico, Colorado,
Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.
(3) Southern ogallala aquifer.--The term ``Southern
Ogallala Aquifer'' means that part of the High Plains Aquifer
lying below 39 degrees north latitude which underlies the
States of New Mexico, Texas, and Oklahoma, Colorado, and
Kansas.
(4) Southern high plains.--The term ``Southern High
Plains'' means the portions of the States of New Mexico, Texas,
and Oklahoma, Colorado, and Kansas which overlie the Southern
Ogallala Aquifer.
(5) Secretary.--The term ``Secretary'' means either the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
(6) Water conservation measure.--The term ``water
conservation measures'' means measures which enhance the
groundwater recharge rate of a given piece of land, or which
increase water use efficiencies.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM.
(a) In General.--The Secretary of the Interior, working though the
United States Geological Survey, shall develop a comprehensive
hydrologic mapping, modeling, and monitoring program for the Southern
Ogallala Aquifer. The program shall include on a county-by-county
basis--
(1) a map of the hydrological configuration of the Aquifer;
and
(2) an analysis of--
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the Aquifer;
(C) the degree to which aquifer compaction caused
by pumping and recharge methods in impacting the
storage and recharge capacity of the groundwater body;
and
(D) the current and past rate of loss of saturated
thickness within the Aquifer.
(b) Annual Report.--Not later than one year after the enactment of
this Act, and annually thereafter, the Secretary shall submit a report
on the status of the Southern Ogallala Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the States of New
Mexico, Oklahoma, Texas, Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) Federal Assistance.--The Secretary of Agriculture, working
through the Natural Resources Conservation Service, shall establish a
groundwater conservation assistance program for Southern Ogallala
Aquifer.
(b) Design and Planning.--The Secretary shall provide financial and
technical assistance, including modeling and engineering design to
States, tribes, and counties, conservation districts, or other
political subdivisions recognized under State law, for the development
of comprehensive groundwater conservation plans within the Southern
High Plains. This assistance shall be provided on a cost-share basis
ensuring that--
(1) the Federal funding for the development of any given
plan shall not exceed 50 percent of the cost; and
(2) the Federal funding for groundwater water conservation
planning for any one county, conservation district, or similar
political subdivision recognized under State law shall not
exceed $50,000.
(c) Certification.--The Secretary shall create a certification
process for comprehensive groundwater conservation plans developed
under this program, or developed independently by States, tribes,
counties, or other political subdivisions recognized under State law.
To be certified, a plan must--
(1) cover a sufficient geographic area to provide a benefit
to the groundwater resource over at least a 20 year period;
(2) include a set of goals for water conservation; and
(3) include a process for an annual evaluation of the
plan's implementation to allow for modifications if goals are
not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) In General.--Farming operations within jurisdictions which have
a certified conservation plan in accordance with section 5(c) shall be
eligible assistance for projects described in subsection (b).
(b) Eligible Projects.--Projects eligible for assistance under
subsection (a) are as follows:
(1) Water conservation cost-share assistance.--The
Secretary, working through the Natural Resources Conservation
Service, may provide grants to individual farming operations of
up to $50,000 for implementing on farm water conservation
measures including the improvement of irrigation systems and
the purchase of new equipment. The Federal share of the water
conservation investment in any one operation be no greater than
50 percent.
(2) Irrigated land reserve.--Through the 2020 calendar
year, the Secretary shall formulate and carry out the
enrollment of lands in a groundwater conservation reserve
program through the use of multiple year contracts for
irrigated lands which would result in significant per acre
savings of groundwater resources if converted to dryland
agriculture.
(3) Conservation reserve program enhancement.--Lands
eligible for the Conservation Reserve Program established under
section 1231 of the Food Security Act of 1985 which would
result in significant per acre savings of groundwater resources
if removed from agricultural production shall be awarded 20
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other
ratings the lands may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $5,000,000 annually through fiscal year 2020 for
hydrologic mapping, modeling, and monitoring under this Act;
(2) $5,000,000 annually through fiscal year 2020 for
groundwater conservation planning, design, and plan
certification under this Act;
(3) $30,000,000 annually through fiscal year 2020 for cost-
share assistance for on farm water conservation measures; and
(4) $30,000,000 annually through fiscal year 2020 for
enrollment of lands in an Irrigated Lands Reserve.
Output: | Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern High Plains Groundwater
Resource Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A reliable source of groundwater is an essential
element of the economy of the communities on the High Plains.
(2) The High Plains Aquifer and the Ogallala Aquifer are
closely related hydrogeographic structures. The High Plains
Aquifer consists largely of the Ogallala Aquifer with small
components of other geologic units.
(3) The High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century. The average weighted decline in the aquifer from 1950
to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999).
(4) The decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, reporting that
large areas in the States of Kansas, New Mexico, and Texas
experienced declines of over 100 feet in that period (USGS Fact
Sheet 124-99, Dec. 1999).
(5) The saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas (1186 USGS Circular
27, 1999). Furthermore, the survey has reported that the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997 (USGS Fact Sheet 124-
99, Dec. 1999).
(6) The decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains. (``External Effects of Irrigators' Pumping Decisions,
High Plains Aquifer'' Alley and Schefter, American Geophysical
Union paper #7W0326; Water Resources Research, Vol. 23, No. 7
1123-1130, July 1987).
(7) Hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a very local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures. (``External Effects of Irrigators'
Pumping Decisions, High Plains Aquifer'', Alley and Schefter,
American Geophysical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123-1130, July 1987).
(8) Incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the Southern High Plains that is
sustainable.
(9) For water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates, extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purposes.--To promote groundwater conservation on the Southern
High Plains in order to extend the usable life of the Southern Ogallala
Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) High plains aquifer.--The term ``High Plains Aquifer''
means the groundwater reserve depicted as Figure 1 in the
United States Geological Survey Professional Paper 1400-B,
titled ``Geohydrology of the High Plains Aquifer in Parts of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming''.
(2) High plains.--The term ``High Plains'' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of New Mexico, Colorado,
Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.
(3) Southern ogallala aquifer.--The term ``Southern
Ogallala Aquifer'' means that part of the High Plains Aquifer
lying below 39 degrees north latitude which underlies the
States of New Mexico, Texas, and Oklahoma, Colorado, and
Kansas.
(4) Southern high plains.--The term ``Southern High
Plains'' means the portions of the States of New Mexico, Texas,
and Oklahoma, Colorado, and Kansas which overlie the Southern
Ogallala Aquifer.
(5) Secretary.--The term ``Secretary'' means either the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
(6) Water conservation measure.--The term ``water
conservation measures'' means measures which enhance the
groundwater recharge rate of a given piece of land, or which
increase water use efficiencies.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM.
(a) In General.--The Secretary of the Interior, working though the
United States Geological Survey, shall develop a comprehensive
hydrologic mapping, modeling, and monitoring program for the Southern
Ogallala Aquifer. The program shall include on a county-by-county
basis--
(1) a map of the hydrological configuration of the Aquifer;
and
(2) an analysis of--
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the Aquifer;
(C) the degree to which aquifer compaction caused
by pumping and recharge methods in impacting the
storage and recharge capacity of the groundwater body;
and
(D) the current and past rate of loss of saturated
thickness within the Aquifer.
(b) Annual Report.--Not later than one year after the enactment of
this Act, and annually thereafter, the Secretary shall submit a report
on the status of the Southern Ogallala Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the States of New
Mexico, Oklahoma, Texas, Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) Federal Assistance.--The Secretary of Agriculture, working
through the Natural Resources Conservation Service, shall establish a
groundwater conservation assistance program for Southern Ogallala
Aquifer.
(b) Design and Planning.--The Secretary shall provide financial and
technical assistance, including modeling and engineering design to
States, tribes, and counties, conservation districts, or other
political subdivisions recognized under State law, for the development
of comprehensive groundwater conservation plans within the Southern
High Plains. This assistance shall be provided on a cost-share basis
ensuring that--
(1) the Federal funding for the development of any given
plan shall not exceed 50 percent of the cost; and
(2) the Federal funding for groundwater water conservation
planning for any one county, conservation district, or similar
political subdivision recognized under State law shall not
exceed $50,000.
(c) Certification.--The Secretary shall create a certification
process for comprehensive groundwater conservation plans developed
under this program, or developed independently by States, tribes,
counties, or other political subdivisions recognized under State law.
To be certified, a plan must--
(1) cover a sufficient geographic area to provide a benefit
to the groundwater resource over at least a 20 year period;
(2) include a set of goals for water conservation; and
(3) include a process for an annual evaluation of the
plan's implementation to allow for modifications if goals are
not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) In General.--Farming operations within jurisdictions which have
a certified conservation plan in accordance with section 5(c) shall be
eligible assistance for projects described in subsection (b).
(b) Eligible Projects.--Projects eligible for assistance under
subsection (a) are as follows:
(1) Water conservation cost-share assistance.--The
Secretary, working through the Natural Resources Conservation
Service, may provide grants to individual farming operations of
up to $50,000 for implementing on farm water conservation
measures including the improvement of irrigation systems and
the purchase of new equipment. The Federal share of the water
conservation investment in any one operation be no greater than
50 percent.
(2) Irrigated land reserve.--Through the 2020 calendar
year, the Secretary shall formulate and carry out the
enrollment of lands in a groundwater conservation reserve
program through the use of multiple year contracts for
irrigated lands which would result in significant per acre
savings of groundwater resources if converted to dryland
agriculture.
(3) Conservation reserve program enhancement.--Lands
eligible for the Conservation Reserve Program established under
section 1231 of the Food Security Act of 1985 which would
result in significant per acre savings of groundwater resources
if removed from agricultural production shall be awarded 20
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other
ratings the lands may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $5,000,000 annually through fiscal year 2020 for
hydrologic mapping, modeling, and monitoring under this Act;
(2) $5,000,000 annually through fiscal year 2020 for
groundwater conservation planning, design, and plan
certification under this Act;
(3) $30,000,000 annually through fiscal year 2020 for cost-
share assistance for on farm water conservation measures; and
(4) $30,000,000 annually through fiscal year 2020 for
enrollment of lands in an Irrigated Lands Reserve.
Output: | Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance.
Authorizes appropriations. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern High Plains Groundwater
Resource Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A reliable source of groundwater is an essential
element of the economy of the communities on the High Plains.
(2) The High Plains Aquifer and the Ogallala Aquifer are
closely related hydrogeographic structures. The High Plains
Aquifer consists largely of the Ogallala Aquifer with small
components of other geologic units.
(3) The High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century. The average weighted decline in the aquifer from 1950
to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999).
(4) The decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, reporting that
large areas in the States of Kansas, New Mexico, and Texas
experienced declines of over 100 feet in that period (USGS Fact
Sheet 124-99, Dec. 1999).
(5) The saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas (1186 USGS Circular
27, 1999). Furthermore, the survey has reported that the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997 (USGS Fact Sheet 124-
99, Dec. 1999).
(6) The decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains. (``External Effects of Irrigators' Pumping Decisions,
High Plains Aquifer'' Alley and Schefter, American Geophysical
Union paper #7W0326; Water Resources Research, Vol. 23, No. 7
1123-1130, July 1987).
(7) Hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a very local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures. (``External Effects of Irrigators'
Pumping Decisions, High Plains Aquifer'', Alley and Schefter,
American Geophysical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123-1130, July 1987).
(8) Incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the Southern High Plains that is
sustainable.
(9) For water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates, extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purposes.--To promote groundwater conservation on the Southern
High Plains in order to extend the usable life of the Southern Ogallala
Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) High plains aquifer.--The term ``High Plains Aquifer''
means the groundwater reserve depicted as Figure 1 in the
United States Geological Survey Professional Paper 1400-B,
titled ``Geohydrology of the High Plains Aquifer in Parts of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming''.
(2) High plains.--The term ``High Plains'' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of New Mexico, Colorado,
Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.
(3) Southern ogallala aquifer.--The term ``Southern
Ogallala Aquifer'' means that part of the High Plains Aquifer
lying below 39 degrees north latitude which underlies the
States of New Mexico, Texas, and Oklahoma, Colorado, and
Kansas.
(4) Southern high plains.--The term ``Southern High
Plains'' means the portions of the States of New Mexico, Texas,
and Oklahoma, Colorado, and Kansas which overlie the Southern
Ogallala Aquifer.
(5) Secretary.--The term ``Secretary'' means either the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
(6) Water conservation measure.--The term ``water
conservation measures'' means measures which enhance the
groundwater recharge rate of a given piece of land, or which
increase water use efficiencies.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM.
(a) In General.--The Secretary of the Interior, working though the
United States Geological Survey, shall develop a comprehensive
hydrologic mapping, modeling, and monitoring program for the Southern
Ogallala Aquifer. The program shall include on a county-by-county
basis--
(1) a map of the hydrological configuration of the Aquifer;
and
(2) an analysis of--
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the Aquifer;
(C) the degree to which aquifer compaction caused
by pumping and recharge methods in impacting the
storage and recharge capacity of the groundwater body;
and
(D) the current and past rate of loss of saturated
thickness within the Aquifer.
(b) Annual Report.--Not later than one year after the enactment of
this Act, and annually thereafter, the Secretary shall submit a report
on the status of the Southern Ogallala Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the States of New
Mexico, Oklahoma, Texas, Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) Federal Assistance.--The Secretary of Agriculture, working
through the Natural Resources Conservation Service, shall establish a
groundwater conservation assistance program for Southern Ogallala
Aquifer.
(b) Design and Planning.--The Secretary shall provide financial and
technical assistance, including modeling and engineering design to
States, tribes, and counties, conservation districts, or other
political subdivisions recognized under State law, for the development
of comprehensive groundwater conservation plans within the Southern
High Plains. This assistance shall be provided on a cost-share basis
ensuring that--
(1) the Federal funding for the development of any given
plan shall not exceed 50 percent of the cost; and
(2) the Federal funding for groundwater water conservation
planning for any one county, conservation district, or similar
political subdivision recognized under State law shall not
exceed $50,000.
(c) Certification.--The Secretary shall create a certification
process for comprehensive groundwater conservation plans developed
under this program, or developed independently by States, tribes,
counties, or other political subdivisions recognized under State law.
To be certified, a plan must--
(1) cover a sufficient geographic area to provide a benefit
to the groundwater resource over at least a 20 year period;
(2) include a set of goals for water conservation; and
(3) include a process for an annual evaluation of the
plan's implementation to allow for modifications if goals are
not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) In General.--Farming operations within jurisdictions which have
a certified conservation plan in accordance with section 5(c) shall be
eligible assistance for projects described in subsection (b).
(b) Eligible Projects.--Projects eligible for assistance under
subsection (a) are as follows:
(1) Water conservation cost-share assistance.--The
Secretary, working through the Natural Resources Conservation
Service, may provide grants to individual farming operations of
up to $50,000 for implementing on farm water conservation
measures including the improvement of irrigation systems and
the purchase of new equipment. The Federal share of the water
conservation investment in any one operation be no greater than
50 percent.
(2) Irrigated land reserve.--Through the 2020 calendar
year, the Secretary shall formulate and carry out the
enrollment of lands in a groundwater conservation reserve
program through the use of multiple year contracts for
irrigated lands which would result in significant per acre
savings of groundwater resources if converted to dryland
agriculture.
(3) Conservation reserve program enhancement.--Lands
eligible for the Conservation Reserve Program established under
section 1231 of the Food Security Act of 1985 which would
result in significant per acre savings of groundwater resources
if removed from agricultural production shall be awarded 20
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other
ratings the lands may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $5,000,000 annually through fiscal year 2020 for
hydrologic mapping, modeling, and monitoring under this Act;
(2) $5,000,000 annually through fiscal year 2020 for
groundwater conservation planning, design, and plan
certification under this Act;
(3) $30,000,000 annually through fiscal year 2020 for cost-
share assistance for on farm water conservation measures; and
(4) $30,000,000 annually through fiscal year 2020 for
enrollment of lands in an Irrigated Lands Reserve.
Output: | Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern High Plains Groundwater
Resource Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A reliable source of groundwater is an essential
element of the economy of the communities on the High Plains.
(2) The High Plains Aquifer and the Ogallala Aquifer are
closely related hydrogeographic structures. The High Plains
Aquifer consists largely of the Ogallala Aquifer with small
components of other geologic units.
(3) The High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century. The average weighted decline in the aquifer from 1950
to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999).
(4) The decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, reporting that
large areas in the States of Kansas, New Mexico, and Texas
experienced declines of over 100 feet in that period (USGS Fact
Sheet 124-99, Dec. 1999).
(5) The saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas (1186 USGS Circular
27, 1999). Furthermore, the survey has reported that the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997 (USGS Fact Sheet 124-
99, Dec. 1999).
(6) The decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains. (``External Effects of Irrigators' Pumping Decisions,
High Plains Aquifer'' Alley and Schefter, American Geophysical
Union paper #7W0326; Water Resources Research, Vol. 23, No. 7
1123-1130, July 1987).
(7) Hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a very local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures. (``External Effects of Irrigators'
Pumping Decisions, High Plains Aquifer'', Alley and Schefter,
American Geophysical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123-1130, July 1987).
(8) Incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the Southern High Plains that is
sustainable.
(9) For water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates, extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purposes.--To promote groundwater conservation on the Southern
High Plains in order to extend the usable life of the Southern Ogallala
Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) High plains aquifer.--The term ``High Plains Aquifer''
means the groundwater reserve depicted as Figure 1 in the
United States Geological Survey Professional Paper 1400-B,
titled ``Geohydrology of the High Plains Aquifer in Parts of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming''.
(2) High plains.--The term ``High Plains'' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of New Mexico, Colorado,
Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.
(3) Southern ogallala aquifer.--The term ``Southern
Ogallala Aquifer'' means that part of the High Plains Aquifer
lying below 39 degrees north latitude which underlies the
States of New Mexico, Texas, and Oklahoma, Colorado, and
Kansas.
(4) Southern high plains.--The term ``Southern High
Plains'' means the portions of the States of New Mexico, Texas,
and Oklahoma, Colorado, and Kansas which overlie the Southern
Ogallala Aquifer.
(5) Secretary.--The term ``Secretary'' means either the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
(6) Water conservation measure.--The term ``water
conservation measures'' means measures which enhance the
groundwater recharge rate of a given piece of land, or which
increase water use efficiencies.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM.
(a) In General.--The Secretary of the Interior, working though the
United States Geological Survey, shall develop a comprehensive
hydrologic mapping, modeling, and monitoring program for the Southern
Ogallala Aquifer. The program shall include on a county-by-county
basis--
(1) a map of the hydrological configuration of the Aquifer;
and
(2) an analysis of--
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the Aquifer;
(C) the degree to which aquifer compaction caused
by pumping and recharge methods in impacting the
storage and recharge capacity of the groundwater body;
and
(D) the current and past rate of loss of saturated
thickness within the Aquifer.
(b) Annual Report.--Not later than one year after the enactment of
this Act, and annually thereafter, the Secretary shall submit a report
on the status of the Southern Ogallala Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the States of New
Mexico, Oklahoma, Texas, Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) Federal Assistance.--The Secretary of Agriculture, working
through the Natural Resources Conservation Service, shall establish a
groundwater conservation assistance program for Southern Ogallala
Aquifer.
(b) Design and Planning.--The Secretary shall provide financial and
technical assistance, including modeling and engineering design to
States, tribes, and counties, conservation districts, or other
political subdivisions recognized under State law, for the development
of comprehensive groundwater conservation plans within the Southern
High Plains. This assistance shall be provided on a cost-share basis
ensuring that--
(1) the Federal funding for the development of any given
plan shall not exceed 50 percent of the cost; and
(2) the Federal funding for groundwater water conservation
planning for any one county, conservation district, or similar
political subdivision recognized under State law shall not
exceed $50,000.
(c) Certification.--The Secretary shall create a certification
process for comprehensive groundwater conservation plans developed
under this program, or developed independently by States, tribes,
counties, or other political subdivisions recognized under State law.
To be certified, a plan must--
(1) cover a sufficient geographic area to provide a benefit
to the groundwater resource over at least a 20 year period;
(2) include a set of goals for water conservation; and
(3) include a process for an annual evaluation of the
plan's implementation to allow for modifications if goals are
not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) In General.--Farming operations within jurisdictions which have
a certified conservation plan in accordance with section 5(c) shall be
eligible assistance for projects described in subsection (b).
(b) Eligible Projects.--Projects eligible for assistance under
subsection (a) are as follows:
(1) Water conservation cost-share assistance.--The
Secretary, working through the Natural Resources Conservation
Service, may provide grants to individual farming operations of
up to $50,000 for implementing on farm water conservation
measures including the improvement of irrigation systems and
the purchase of new equipment. The Federal share of the water
conservation investment in any one operation be no greater than
50 percent.
(2) Irrigated land reserve.--Through the 2020 calendar
year, the Secretary shall formulate and carry out the
enrollment of lands in a groundwater conservation reserve
program through the use of multiple year contracts for
irrigated lands which would result in significant per acre
savings of groundwater resources if converted to dryland
agriculture.
(3) Conservation reserve program enhancement.--Lands
eligible for the Conservation Reserve Program established under
section 1231 of the Food Security Act of 1985 which would
result in significant per acre savings of groundwater resources
if removed from agricultural production shall be awarded 20
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other
ratings the lands may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $5,000,000 annually through fiscal year 2020 for
hydrologic mapping, modeling, and monitoring under this Act;
(2) $5,000,000 annually through fiscal year 2020 for
groundwater conservation planning, design, and plan
certification under this Act;
(3) $30,000,000 annually through fiscal year 2020 for cost-
share assistance for on farm water conservation measures; and
(4) $30,000,000 annually through fiscal year 2020 for
enrollment of lands in an Irrigated Lands Reserve.
Output: | Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern High Plains Groundwater
Resource Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A reliable source of groundwater is an essential
element of the economy of the communities on the High Plains.
(2) The High Plains Aquifer and the Ogallala Aquifer are
closely related hydrogeographic structures. The High Plains
Aquifer consists largely of the Ogallala Aquifer with small
components of other geologic units.
(3) The High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century. The average weighted decline in the aquifer from 1950
to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999).
(4) The decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, reporting that
large areas in the States of Kansas, New Mexico, and Texas
experienced declines of over 100 feet in that period (USGS Fact
Sheet 124-99, Dec. 1999).
(5) The saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas (1186 USGS Circular
27, 1999). Furthermore, the survey has reported that the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997 (USGS Fact Sheet 124-
99, Dec. 1999).
(6) The decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains. (``External Effects of Irrigators' Pumping Decisions,
High Plains Aquifer'' Alley and Schefter, American Geophysical
Union paper #7W0326; Water Resources Research, Vol. 23, No. 7
1123-1130, July 1987).
(7) Hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a very local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures. (``External Effects of Irrigators'
Pumping Decisions, High Plains Aquifer'', Alley and Schefter,
American Geophysical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123-1130, July 1987).
(8) Incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the Southern High Plains that is
sustainable.
(9) For water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates, extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purposes.--To promote groundwater conservation on the Southern
High Plains in order to extend the usable life of the Southern Ogallala
Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) High plains aquifer.--The term ``High Plains Aquifer''
means the groundwater reserve depicted as Figure 1 in the
United States Geological Survey Professional Paper 1400-B,
titled ``Geohydrology of the High Plains Aquifer in Parts of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming''.
(2) High plains.--The term ``High Plains'' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of New Mexico, Colorado,
Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.
(3) Southern ogallala aquifer.--The term ``Southern
Ogallala Aquifer'' means that part of the High Plains Aquifer
lying below 39 degrees north latitude which underlies the
States of New Mexico, Texas, and Oklahoma, Colorado, and
Kansas.
(4) Southern high plains.--The term ``Southern High
Plains'' means the portions of the States of New Mexico, Texas,
and Oklahoma, Colorado, and Kansas which overlie the Southern
Ogallala Aquifer.
(5) Secretary.--The term ``Secretary'' means either the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
(6) Water conservation measure.--The term ``water
conservation measures'' means measures which enhance the
groundwater recharge rate of a given piece of land, or which
increase water use efficiencies.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM.
(a) In General.--The Secretary of the Interior, working though the
United States Geological Survey, shall develop a comprehensive
hydrologic mapping, modeling, and monitoring program for the Southern
Ogallala Aquifer. The program shall include on a county-by-county
basis--
(1) a map of the hydrological configuration of the Aquifer;
and
(2) an analysis of--
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the Aquifer;
(C) the degree to which aquifer compaction caused
by pumping and recharge methods in impacting the
storage and recharge capacity of the groundwater body;
and
(D) the current and past rate of loss of saturated
thickness within the Aquifer.
(b) Annual Report.--Not later than one year after the enactment of
this Act, and annually thereafter, the Secretary shall submit a report
on the status of the Southern Ogallala Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the States of New
Mexico, Oklahoma, Texas, Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) Federal Assistance.--The Secretary of Agriculture, working
through the Natural Resources Conservation Service, shall establish a
groundwater conservation assistance program for Southern Ogallala
Aquifer.
(b) Design and Planning.--The Secretary shall provide financial and
technical assistance, including modeling and engineering design to
States, tribes, and counties, conservation districts, or other
political subdivisions recognized under State law, for the development
of comprehensive groundwater conservation plans within the Southern
High Plains. This assistance shall be provided on a cost-share basis
ensuring that--
(1) the Federal funding for the development of any given
plan shall not exceed 50 percent of the cost; and
(2) the Federal funding for groundwater water conservation
planning for any one county, conservation district, or similar
political subdivision recognized under State law shall not
exceed $50,000.
(c) Certification.--The Secretary shall create a certification
process for comprehensive groundwater conservation plans developed
under this program, or developed independently by States, tribes,
counties, or other political subdivisions recognized under State law.
To be certified, a plan must--
(1) cover a sufficient geographic area to provide a benefit
to the groundwater resource over at least a 20 year period;
(2) include a set of goals for water conservation; and
(3) include a process for an annual evaluation of the
plan's implementation to allow for modifications if goals are
not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) In General.--Farming operations within jurisdictions which have
a certified conservation plan in accordance with section 5(c) shall be
eligible assistance for projects described in subsection (b).
(b) Eligible Projects.--Projects eligible for assistance under
subsection (a) are as follows:
(1) Water conservation cost-share assistance.--The
Secretary, working through the Natural Resources Conservation
Service, may provide grants to individual farming operations of
up to $50,000 for implementing on farm water conservation
measures including the improvement of irrigation systems and
the purchase of new equipment. The Federal share of the water
conservation investment in any one operation be no greater than
50 percent.
(2) Irrigated land reserve.--Through the 2020 calendar
year, the Secretary shall formulate and carry out the
enrollment of lands in a groundwater conservation reserve
program through the use of multiple year contracts for
irrigated lands which would result in significant per acre
savings of groundwater resources if converted to dryland
agriculture.
(3) Conservation reserve program enhancement.--Lands
eligible for the Conservation Reserve Program established under
section 1231 of the Food Security Act of 1985 which would
result in significant per acre savings of groundwater resources
if removed from agricultural production shall be awarded 20
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other
ratings the lands may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $5,000,000 annually through fiscal year 2020 for
hydrologic mapping, modeling, and monitoring under this Act;
(2) $5,000,000 annually through fiscal year 2020 for
groundwater conservation planning, design, and plan
certification under this Act;
(3) $30,000,000 annually through fiscal year 2020 for cost-
share assistance for on farm water conservation measures; and
(4) $30,000,000 annually through fiscal year 2020 for
enrollment of lands in an Irrigated Lands Reserve.
Output: | Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain your answer first.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern High Plains Groundwater
Resource Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A reliable source of groundwater is an essential
element of the economy of the communities on the High Plains.
(2) The High Plains Aquifer and the Ogallala Aquifer are
closely related hydrogeographic structures. The High Plains
Aquifer consists largely of the Ogallala Aquifer with small
components of other geologic units.
(3) The High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century. The average weighted decline in the aquifer from 1950
to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999).
(4) The decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, reporting that
large areas in the States of Kansas, New Mexico, and Texas
experienced declines of over 100 feet in that period (USGS Fact
Sheet 124-99, Dec. 1999).
(5) The saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas (1186 USGS Circular
27, 1999). Furthermore, the survey has reported that the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997 (USGS Fact Sheet 124-
99, Dec. 1999).
(6) The decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains. (``External Effects of Irrigators' Pumping Decisions,
High Plains Aquifer'' Alley and Schefter, American Geophysical
Union paper #7W0326; Water Resources Research, Vol. 23, No. 7
1123-1130, July 1987).
(7) Hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a very local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures. (``External Effects of Irrigators'
Pumping Decisions, High Plains Aquifer'', Alley and Schefter,
American Geophysical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123-1130, July 1987).
(8) Incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the Southern High Plains that is
sustainable.
(9) For water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates, extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purposes.--To promote groundwater conservation on the Southern
High Plains in order to extend the usable life of the Southern Ogallala
Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) High plains aquifer.--The term ``High Plains Aquifer''
means the groundwater reserve depicted as Figure 1 in the
United States Geological Survey Professional Paper 1400-B,
titled ``Geohydrology of the High Plains Aquifer in Parts of
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota,
Texas, and Wyoming''.
(2) High plains.--The term ``High Plains'' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of New Mexico, Colorado,
Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.
(3) Southern ogallala aquifer.--The term ``Southern
Ogallala Aquifer'' means that part of the High Plains Aquifer
lying below 39 degrees north latitude which underlies the
States of New Mexico, Texas, and Oklahoma, Colorado, and
Kansas.
(4) Southern high plains.--The term ``Southern High
Plains'' means the portions of the States of New Mexico, Texas,
and Oklahoma, Colorado, and Kansas which overlie the Southern
Ogallala Aquifer.
(5) Secretary.--The term ``Secretary'' means either the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
(6) Water conservation measure.--The term ``water
conservation measures'' means measures which enhance the
groundwater recharge rate of a given piece of land, or which
increase water use efficiencies.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM.
(a) In General.--The Secretary of the Interior, working though the
United States Geological Survey, shall develop a comprehensive
hydrologic mapping, modeling, and monitoring program for the Southern
Ogallala Aquifer. The program shall include on a county-by-county
basis--
(1) a map of the hydrological configuration of the Aquifer;
and
(2) an analysis of--
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the Aquifer;
(C) the degree to which aquifer compaction caused
by pumping and recharge methods in impacting the
storage and recharge capacity of the groundwater body;
and
(D) the current and past rate of loss of saturated
thickness within the Aquifer.
(b) Annual Report.--Not later than one year after the enactment of
this Act, and annually thereafter, the Secretary shall submit a report
on the status of the Southern Ogallala Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the States of New
Mexico, Oklahoma, Texas, Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) Federal Assistance.--The Secretary of Agriculture, working
through the Natural Resources Conservation Service, shall establish a
groundwater conservation assistance program for Southern Ogallala
Aquifer.
(b) Design and Planning.--The Secretary shall provide financial and
technical assistance, including modeling and engineering design to
States, tribes, and counties, conservation districts, or other
political subdivisions recognized under State law, for the development
of comprehensive groundwater conservation plans within the Southern
High Plains. This assistance shall be provided on a cost-share basis
ensuring that--
(1) the Federal funding for the development of any given
plan shall not exceed 50 percent of the cost; and
(2) the Federal funding for groundwater water conservation
planning for any one county, conservation district, or similar
political subdivision recognized under State law shall not
exceed $50,000.
(c) Certification.--The Secretary shall create a certification
process for comprehensive groundwater conservation plans developed
under this program, or developed independently by States, tribes,
counties, or other political subdivisions recognized under State law.
To be certified, a plan must--
(1) cover a sufficient geographic area to provide a benefit
to the groundwater resource over at least a 20 year period;
(2) include a set of goals for water conservation; and
(3) include a process for an annual evaluation of the
plan's implementation to allow for modifications if goals are
not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) In General.--Farming operations within jurisdictions which have
a certified conservation plan in accordance with section 5(c) shall be
eligible assistance for projects described in subsection (b).
(b) Eligible Projects.--Projects eligible for assistance under
subsection (a) are as follows:
(1) Water conservation cost-share assistance.--The
Secretary, working through the Natural Resources Conservation
Service, may provide grants to individual farming operations of
up to $50,000 for implementing on farm water conservation
measures including the improvement of irrigation systems and
the purchase of new equipment. The Federal share of the water
conservation investment in any one operation be no greater than
50 percent.
(2) Irrigated land reserve.--Through the 2020 calendar
year, the Secretary shall formulate and carry out the
enrollment of lands in a groundwater conservation reserve
program through the use of multiple year contracts for
irrigated lands which would result in significant per acre
savings of groundwater resources if converted to dryland
agriculture.
(3) Conservation reserve program enhancement.--Lands
eligible for the Conservation Reserve Program established under
section 1231 of the Food Security Act of 1985 which would
result in significant per acre savings of groundwater resources
if removed from agricultural production shall be awarded 20
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other
ratings the lands may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $5,000,000 annually through fiscal year 2020 for
hydrologic mapping, modeling, and monitoring under this Act;
(2) $5,000,000 annually through fiscal year 2020 for
groundwater conservation planning, design, and plan
certification under this Act;
(3) $30,000,000 annually through fiscal year 2020 for cost-
share assistance for on farm water conservation measures; and
(4) $30,000,000 annually through fiscal year 2020 for
enrollment of lands in an Irrigated Lands Reserve.
Output: | Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''.
Output: | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain yourself.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''.
Output: | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''.
Output: | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''.
Output: | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''.
Output: | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''.
Output: | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(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) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may 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 the
purposes of 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 the provisions of this Act.
Upon request of the Chairman 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.
SEC. 6. 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 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.
(2) 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.
(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
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.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Output: | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
If you can, please add an explanation *before* you output your answer.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(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) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may 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 the
purposes of 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 the provisions of this Act.
Upon request of the Chairman 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.
SEC. 6. 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 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.
(2) 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.
(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
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.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Output: | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(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) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may 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 the
purposes of 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 the provisions of this Act.
Upon request of the Chairman 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.
SEC. 6. 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 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.
(2) 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.
(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
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.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Output: | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(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) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may 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 the
purposes of 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 the provisions of this Act.
Upon request of the Chairman 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.
SEC. 6. 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 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.
(2) 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.
(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
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.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Output: | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(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) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may 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 the
purposes of 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 the provisions of this Act.
Upon request of the Chairman 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.
SEC. 6. 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 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.
(2) 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.
(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
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.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Output: | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain yourself.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(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) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may 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 the
purposes of 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 the provisions of this Act.
Upon request of the Chairman 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.
SEC. 6. 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 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.
(2) 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.
(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
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.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Output: | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving.
Output: | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving.
Output: | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving.
Output: | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving.
Output: | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving.
Output: | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving.
Output: | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years.
Output: | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years.
Output: | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years.
Output: | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years.
Output: | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years.
Output: | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain your answer first.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years.
Output: | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. |
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Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
Output: | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. |
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Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain your answer first.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
Output: | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
Output: | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
Output: | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
Output: | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Heritage Protection Act of
1999''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, under the Second Amendment to
the United States Constitution, to keep and bear arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of nondefective firearms,
which seek money damages and other relief for the harm caused
by the misuse of firearms by third parties, including
criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States is heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
marketing, distribution, manufacture, importation, or sale to
the public of firearms or ammunition that have been shipped or
transported in interstate or foreign commerce are not, and
should not be, liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products.
(5) The possibility of imposing liability on an entire
industry for harm that is the sole responsibility of others is
an abuse of the legal system, erodes public confidence our
Nation's laws, threatens the diminution of a basic
constitutional right, invites the disassembly and
destabilization of other industries and economic sectors
lawfully competing in America's free enterprise system, and
constitutes an unreasonable burden on interstate and foreign
commerce.
(6) The liability actions commenced or contemplated by
municipalities and cities are based on theories without
foundation in hundreds of years of the common law and American
jurisprudence. The possible sustaining of these actions by a
maverick judicial officer would expand civil liability in a
manner never contemplated by the Framers of the Constitution.
The Congress further finds that such an expansion of liability
would constitute a deprivation of the rights, privileges, and
immunities guaranteed to a citizen of the United States under
the Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section five of that Amendment.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought.
SEC. 4. DEFINITIONS.
In this Act:
(1) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product--
(A) a person who is engaged in a business to
import, make, produce, create, or assemble a qualified
product, and who designs or formulates, or has engaged
another person to design or formulate, a qualified
product;
(B) a seller of a qualified product, but only with
respect to an aspect of the product that is made or
affected when the seller makes, produces, creates, or
assembles and designs or formulates an aspect of the
product made by another person; and
(C) any seller of a qualified product who
represents to a user of a qualified product that the
seller is a manufacturer of the qualified product.
(2) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(3) Qualified product.--The term ``qualified product''
means a firearm (as defined in section 921(a)(3) of title 18,
United States Code) or ammunition (as defined in section
921(a)(17) of such title), or a component part of a firearm or
ammunition, that has been shipped or transported in interstate
or foreign commerce.
(4) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages resulting from the criminal
or unlawful misuse of a qualified product by the person or a
third party, but shall not include an action brought against a
transferor convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State felony law, by
a party directly harmed by the conduct of which the transferee
is so convicted.
(5) Seller.--The term ``seller'' means, with respect to a
qualified product, a person who--
(A) in the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares,
blends, packages, labels, or otherwise is involved in
placing a qualified product in the stream of commerce;
or
(B) installs, repairs, refurbishes, reconditions,
or maintains an aspect of a qualified product that is
alleged to have resulted in damages.
(6) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(7) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) 2 or more members of
which are manufacturers or sellers of a qualified product.
Output: | Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment.
Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) 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. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009.
Output: | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Input: SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) 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. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009.
Output: | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) 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. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009.
Output: | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) 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. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009.
Output: | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) 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. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009.
Output: | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain yourself.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) 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. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009.
Output: | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 1999''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police ear after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that part;
and
``(C) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart C of that
part.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
Output: | Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002.
(Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.
(Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.
Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
Authorizes appropriations for FY 2000 through 2002. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Explain your answer first.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 1999''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police ear after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that part;
and
``(C) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart C of that
part.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
Output: | Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002.
(Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.
(Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.
Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
Authorizes appropriations for FY 2000 through 2002. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 1999''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police ear after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that part;
and
``(C) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart C of that
part.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
Output: | Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002.
(Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.
(Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.
Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
Authorizes appropriations for FY 2000 through 2002. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 1999''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police ear after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that part;
and
``(C) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart C of that
part.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
Output: | Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002.
(Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.
(Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.
Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
Authorizes appropriations for FY 2000 through 2002. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 1999''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police ear after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that part;
and
``(C) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart C of that
part.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
Output: | Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002.
(Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.
(Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.
Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
Authorizes appropriations for FY 2000 through 2002. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Please output an explanation first and then come to your conclusion and create an output.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Explanation: This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bullet
Resistant Police Protective Equipment Act of 1999''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police ear after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that part;
and
``(C) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart C of that
part.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
Output: | Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002.
(Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.
(Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.
Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
Authorizes appropriations for FY 2000 through 2002. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
Output: | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
Output: | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. |
|
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
Output: | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
Output: | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Negative Example 1 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations.
Output: Human Rights Information Act - Requires certainFederal agencies to identify and organize allhuman rights records regarding activitiesoccurring in Guatemala and Honduras after 1944 forclassification and closure purposes, and tohide them from the public.
Negative Example 2 -
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), 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.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
Output: Jackie Robinson Commemorative Coin Act - Directsthe Secretary of the Treasury to: (1) not mint andissue one-dollar silver coins emblematic of JackieRobinson in commemoration of the 50th anniversaryof the breaking of the color barrier in majorleague baseball; and (2) to not distribute surchargeproceeds to the Jackie Robinson Foundation.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
Output: | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. |
|
Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Think step by step before outputting an answer.
Positive Example 1 -
Input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Let's think step by step. This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Positive Example 2 -
Input: SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date.
Let's think step by step. This Bill amends the internal revenue code to exempt capital gains from being recognized if invested in certain small businesses, hence the generated summary is correct.
Output: Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.
Input: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Research in Adult
Education Act''.
SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION.
(a) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended--
(1) in section 102 (20 U.S.C. 9501)--
(A) by redesignating paragraphs (2) through (8),
(9) through (22), and (23), as paragraphs (3) through
(9), (11) through (24), and (26), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act (20
U.S.C. 9202).'';
(C) by inserting after paragraph (9), as
redesignated by subparagraph (A), the following:
``(10) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''; and
(D) by inserting after paragraph (24), as
redesignated by subparagraph (A), the following:
``(25) Student.--Unless otherwise provided, the term
`student' means any elementary, secondary, postsecondary, or
adult education student.'';
(2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the
matter preceding subparagraph (A), by inserting ``, including
adult education'' after ``postsecondary study'';
(3) in section 115(a) (20 U.S.C. 9515(a))--
(A) in the matter preceding paragraph (1), by
inserting ``the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.),'' after ``the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.),''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
adults'' after ``children'';
(ii) in subparagraph (B), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) access to, and opportunities for, adult
education and literacy activities; and'';
(4) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii))--
(A) by inserting ``adult educators,'' after
``professional educators,''; and
(B) by inserting ``State directors of adult
education,'' after ``postsecondary education
executives,'';
(5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) improve the literacy and numeracy skills of
individuals who need adult education;'';
(6) in section 133 (20 U.S.C. 9533)--
(A) in subsection (a)--
(i) in paragraph (10)(D), by striking
``and'' after the semicolon;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(12) carry out research on successful State and local
adult education and literacy activities that--
``(A) result in increased literacy and numeracy and
educational attainment for adult learners; or
``(B) prepare students for postsecondary education
or employment.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``At
least one 1 center shall be assigned the topic
of adult education.'' after ``paragraph (2).'';
and
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Adult education.'';
(II) by redesignating subparagraphs
(C) through (K) as subparagraphs (D)
through (L), respectively; and
(III) by inserting after
subparagraph (B) the following:
``(C) Digital literacy.'';
(7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))--
(A) by redesignating subparagraphs (F) through (O)
as subparagraphs (G) through (P), respectively;
(B) by inserting after subparagraph (E) the
following:
``(F) access to, and opportunity for, adult
education and literacy activities;''; and
(C) in subparagraph (L), as redesignated by
subparagraph (A), by inserting ``and in adult
education'' after ``secondary schools''; and
(8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) educational practices that improve digital
literacy; and''.
(b) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in
section 206(b)(2)--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Representatives of local or regional adult
education providers.''.
Output: | Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. |