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SECTION 1. FINDINGS.
Congress finds the following:
(1) Radio Free Asia (referred to in this Act as ``RFA'')--
(A) was authorized under section 309 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208);
(B) was incorporated as a private, non-profit corporation
in March 1996 in the hope that its operations would soon be
obviated by the global advancement of democracy; and
(C) is headquartered in Washington, DC, with additional
offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, and
Taipei.
(2) RFA broadcasts serve as substitutes for indigenous free
media in regions lacking free media outlets.
(3) The mission of RFA is ``to provide accurate and timely news
and information to Asian countries whose governments prohibit
access to a free press'' in order to enable informed decisionmaking
by the people within Asia.
(4) RFA provides daily broadcasts of news, commentary,
analysis, and cultural programming to Asian countries in several
languages, including--
(A) 12 hours per day in Mandarin;
(B) 8 hours per day in 3 Tibetan dialects, Uke, Kham, and
Amdo;
(C) 4 hours per day in Korean and Burmese;
(D) 2 hours per day in Cantonese, Vietnamese, Laotian,
Khmer (Cambodian), and Uyghur; and
(E) 1\1/2\ hours per week in Wu (local Shanghai dialect).
(5) The governments of the countries targeted for these
broadcasts have consistently denied and blocked attempts at Medium
Wave and FM transmissions into their countries, forcing RFA to rely
on Shortwave broadcasts and the Internet.
(6) RFA has provided continuous online news to its Asian
audiences since 2004, although some countries--
(A) routinely and aggressively block RFA's website;
(B) monitor access to RFA's website; and
(C) discourage online users by making it illegal to access
RFA's website.
(7) Despite these attempts, RFA has successfully managed to
reach its online audiences through proxies, cutting-edge software,
and active republication and repostings by its audience.
(8) RFA also provides forums for local opinions and experiences
through message boards, podcasts, web logs (blogs), cell phone-
distributed newscasts, and new media, including Facebook, Flickr,
Twitter, and YouTube.
(9) Freedom House has documented that freedom of the press is
in decline in nearly every region of the world, particularly in
Asia, where none of the countries served by RFA have increased
their freedom of the press during the past 5 years.
(10) In fiscal year 2010, RFA is operating on a $37,000,000
budget, less than $400,000 of which is available to fund Internet
censorship circumvention.
(11) Congress currently provides grant funding for RFA's
operations on a fiscal year basis.
SEC. 2. SENSE OF THE SENATE.
It is the sense of the Senate that--
(1) public access to timely, uncensored, and accurate
information is imperative for promoting government accountability
and the protection of human rights;
(2) Radio Free Asia provides a vital voice to people in Asia;
(3) some of the governments in Asia spend millions of dollars
each year to jam RFA's shortwave, block its Internet sites;
(4) Congress should provide additional funding to RFA and the
other entities overseen by the Broadcasting Board of Governors
for--
(A) Internet censorship circumvention; and
(B) enhancement of their cyber security efforts; and
(5) permanently authorizing funding for Radio Free Asia would--
(A) reflect the concern that media censorship and press
restrictions in the countries served by RFA have increased
since RFA was established; and
(B) send a powerful signal of our Nation's support for free
press in Asia and throughout the world.
SEC. 3. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA.
Section 309 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6208) is amended--
(1) in subsection (c)(2), by striking ``, and shall further
specify that funds to carry out the activities of Radio Free Asia
may not be available after September 30, 2010'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) and (h) as subsection (f)
and (g), respectively; and
(4) in subsection (f), as redesignated--
(A) by striking ``The Board'' and inserting the following:
``(1) Notification.--The Board'';
(B) by striking ``before entering'' and inserting the
following: ``before--
``(A) entering'';
(C) by striking ``Radio Free Asia.'' and inserting the
following: ``Radio Free Asia; or
``(B) entering into any agreements in regard to the
utilization of Radio Free Asia transmitters, equipment, or
other resources that will significantly reduce the broadcasting
activities of Radio Free Asia.'';
(D) by striking ``The Chairman'' and inserting the
following:
``(2) Consultation.--The Chairman''; and
(E) by inserting ``or Radio Free Asia broadcasting
activities'' before the period at the end.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
(This measure has not been amended since it was reported to the Senate on June 22, 2010. The summary of that version is repeated here.)
Expresses the sense of the Senate that: (1) public access to accurate information is imperative for promoting government accountability and the protection of human rights; (2) Radio Free Asia (RFA) provides a vital voice to people in Asia; (3) some of the governments in Asia spend millions of dollars each year to jam RFA; and (4) Congress should provide additional and permanent funding for RFA.
Amends the United States International Broadcasting Act of 1994 to make permanent the authority of the Broadcasting Board of Governors to make grants to operate RFA.
|
{"src": "billsum_train", "title": "A bill to permanently authorize Radio Free Asia, and for other purposes."}
| 1,181 | 144 | 0.535618 | 2.045448 | 0.492569 | 4.625899 | 8.079137 | 0.870504 |
SECTION 1. EXPENSING FOR CERTAIN PROPERTY PLACED IN SERVICE DURING 2008
AND 2009.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(m) Special Allowance for Certain Qualified Property Placed in
Service During 2008 and 2009.--
``(1) In general.--In the case of any qualified property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 100 percent of the adjusted basis of
the qualified property, and
``(B) the adjusted basis of the qualified property
shall be reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for such
taxable year and any subsequent taxable year.
``(2) Qualified property.--For purposes of this subsection,
the term `qualified property' means property--
``(A) which is 3-year property, 5-year property, or
7-year property,
``(B) the original use of which commences with the
taxpayer on or after the starting date,
``(C) which is--
``(i) acquired by the taxpayer on or after
the starting date and before the ending date,
but only if no written binding contract for the
acquisition was in effect before the starting
date, or
``(ii) acquired by the taxpayer pursuant to
a written binding contract which was entered
into on or after the starting date and before
the ending date, and
``(D) which is placed in service by the taxpayer
before the ending date.
``(3) Exceptions.--
``(A) Alternative depreciation property.--This
subsection shall not apply to any property to which the
alternative depreciation system under subsection (g)
applies, determined--
``(i) without regard to paragraph (7) of
subsection (g) (relating to election to have
system apply), and
``(ii) after application of section 280F(b)
(relating to listed property with limited
business use).
``(B) Election out.--If a taxpayer makes an
election under this subparagraph with respect to any
class of property for any taxable year, this subsection
shall not apply to all property in such class placed in
service during such taxable year.
``(4) Special rules.--
``(A) Self-constructed property.--In the case of a
taxpayer manufacturing, constructing, or producing
property for the taxpayer's own use, the requirements
of paragraph (2)(C) shall be treated as met if the
taxpayer begins manufacturing, constructing, or
producing the property after the starting date and
before the ending date.
``(B) Sale-leasebacks.--For purposes of
subparagraph (C) and paragraph (2)(B), if property is--
``(i) originally placed in service on or
after the starting date by a person, and
``(ii) sold and leased back by such person
within 3 months after the date such property
was originally placed in service,
such property shall be treated as originally placed in
service not earlier than the date on which such
property is used under the leaseback referred to in
subclause (II).
``(C) Syndication.--For purposes of paragraph
(2)(B), if--
``(i) property is originally placed in
service on or after the starting date by the
lessor of such property,
``(ii) such property is sold by such lessor
or any subsequent purchaser within 3 months
after the date such property was originally
placed in service (or, in the case of multiple
units of property subject to the same lease,
within 3 months after the date the final unit
is placed in service, so long as the period
between the time the first unit is placed in
service and the time the last unit is placed in
service does not exceed 12 months), and
``(iii) the user of such property after the
last sale during such 3-month period remains
the same as when such property was originally
placed in service,
such property shall be treated as originally placed in
service not earlier than the date of such last sale.
``(D) Limitations related to users and related
parties.--This subsection shall not apply to any
property if--
``(i) the user of such property (as of the
date on which such property is originally
placed in service) or a person which is related
(within the meaning of section 267(b) or
707(b)) to such user or to the taxpayer had a
written binding contract in effect for the
acquisition of such property at any time before
the starting date, or
``(ii) in the case of property
manufactured, constructed, or produced for such
user's or person's own use, the manufacture,
construction, or production of such property
began at any time before the starting date.
``(5) Coordination with section 280f.--For purposes of
section 280F--
``(A) Automobiles.--In the case of a passenger
automobile (as defined in section 280F(d)(5)) which is
qualified property, the Secretary shall increase the
limitation under section 280F(a)(1)(A)(i) by $7,650.
``(B) Listed property.--The deduction allowable
under paragraph (1) shall be taken into account in
computing any recapture amount under section
280F(b)(2).
``(6) Deduction allowed in computing minimum tax.--For
purposes of determining alternative minimum taxable income
under section 55, the deduction under subsection (a) for
qualified property shall be determined under this section
without regard to any adjustment under section 56.
``(7) Starting date; ending date.--For purposes of this
paragraph--
``(A) Starting date.--The term `starting date'
means January 1, 2008.
``(B) Ending date.--The term `ending date' means
January 1, 2010.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2007.
|
Amends the Internal Revenue Code to allow a current year tax deduction of the cost of business equipment placed in service in 2008 and 2009 for which cost recovery periods of three, five, or seven years are currently allowed.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code to provide expensing for certain property placed in service during 2008 and 2009."}
| 1,354 | 46 | 0.438725 | 1.042647 | 0.036816 | 1.214286 | 30.309524 | 0.642857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methane Hydrate Research and
Development Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means a procurement
contract within the meaning of section 6303 of title 31, United
States Code.
(2) Cooperative agreement.--The term ``cooperative agreement''
means a cooperative agreement within the meaning of section 6305 of
title 31, United States Code.
(3) Director.--The term ``Director'' means the Director of the
National Science Foundation.
(4) Grant.--The term ``grant'' means a grant awarded under a
grant agreement, within the meaning of section 6304 of title 31,
United States Code.
(5) Industrial enterprise.--The term ``industrial enterprise''
means a private, nongovernmental enterprise that has an expertise
or capability that relates to methane hydrate research and
development.
(6) Institution of higher education.--The term ``institution of
higher education'' means an institution of higher education, within
the meaning of section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a)).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Energy, acting through the Assistant Secretary for Fossil Energy.
(8) Secretary of commerce.--The term ``Secretary of Commerce''
means the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration.
(9) Secretary of defense.--The term ``Secretary of Defense''
means the Secretary of Defense, acting through the Secretary of the
Navy.
(10) Secretary of the interior.--The term ``Secretary of the
Interior'' means the Secretary of the Interior, acting through the
Director of the United States Geological Survey and the Director of
the Minerals Management Service.
SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--
(1) Commencement of program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in consultation
with the Secretary of Commerce, the Secretary of Defense, the
Secretary of the Interior, and the Director, shall commence a
program of methane hydrate research and development in accordance
with this section.
(2) Designations.--The Secretary, the Secretary of Commerce,
the Secretary of Defense, the Secretary of the Interior, and the
Director shall designate individuals to carry out this section.
(3) Coordination.--The individual designated by the Secretary
shall coordinate all activities within the Department of Energy
relating to methane hydrate research and development.
(4) Meetings.--The individuals designated under paragraph (2)
shall meet not later than 270 days after the date of the enactment
of this Act and not less frequently than every 120 days thereafter
to--
(A) review the progress of the program under paragraph (1);
and
(B) make recommendations on future activities to occur
subsequent to the meeting.
(b) Grants, Contracts, Cooperative Agreements, Interagency Funds
Transfer Agreements, and Field Work Proposals.--
(1) Assistance and coordination.--In carrying out the program
of methane hydrate research and development authorized by this
section, the Secretary may award grants or contracts to, or enter
into cooperative agreements with, institutions of higher education
and industrial enterprises to--
(A) conduct basic and applied research to identify,
explore, assess, and develop methane hydrate as a source of
energy;
(B) assist in developing technologies required for
efficient and environmentally sound development of methane
hydrate resources;
(C) undertake research programs to provide safe means of
transport and storage of methane produced from methane
hydrates;
(D) promote education and training in methane hydrate
resource research and resource development;
(E) conduct basic and applied research to assess and
mitigate the environmental impacts of hydrate degassing
(including both natural degassing and degassing associated with
commercial development);
(F) develop technologies to reduce the risks of drilling
through methane hydrates; and
(G) conduct exploratory drilling in support of the
activities authorized by this paragraph.
(2) Competitive merit-based review.--Funds made available under
paragraph (1) shall be made available based on a competitive merit-
based process.
(c) Consultation.--The Secretary shall establish an advisory panel
consisting of experts from industrial enterprises, institutions of
higher education, and Federal agencies to--
(1) advise the Secretary on potential applications of methane
hydrate;
(2) assist in developing recommendations and priorities for the
methane hydrate research and development program carried out under
subsection (a)(1); and
(3) not later than 2 years after the date of the enactment of
this Act, and at such later dates as the panel considers advisable,
submit to Congress a report on the anticipated impact on global
climate change from--
(A) methane hydrate formation;
(B) methane hydrate degassing (including natural degassing
and degassing associated with commercial development); and
(C) the consumption of natural gas produced from methane
hydrates.
Not more than 25 percent of the individuals serving on the advisory
panel shall be Federal employees.
(d) Limitations.--
(1) Administrative expenses.--Not more than 5 percent of the
amount made available to carry out this section for a fiscal year
may be used by the Secretary for expenses associated with the
administration of the program carried out under subsection (a)(1).
(2) Construction costs.--None of the funds made available to
carry out this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or alteration
of an existing building (including site grading and improvement and
architect fees).
(e) Responsibilities of the Secretary.--In carrying out subsection
(b)(1), the Secretary shall--
(1) facilitate and develop partnerships among government,
industrial enterprises, and institutions of higher education to
research, identify, assess, and explore methane hydrate resources;
(2) undertake programs to develop basic information necessary
for promoting long-term interest in methane hydrate resources as an
energy source;
(3) ensure that the data and information developed through the
program are accessible and widely disseminated as needed and
appropriate;
(4) promote cooperation among agencies that are developing
technologies that may hold promise for methane hydrate resource
development; and
(5) report annually to Congress on accomplishments under this
section.
SEC. 4. AMENDMENTS TO THE MINING AND MINERALS POLICY ACT OF 1970.
Section 201 of the Mining and Minerals Policy Act of 1970 (30
U.S.C. 1901) is amended--
(1) in paragraph (6)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) by redesignating subparagraph (G) as subparagraph (H);
and
(C) by inserting after subparagraph (F) the following:
``(G) for purposes of this section and sections 202 through
205 only, methane hydrate; and'';
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) The term `methane hydrate' means--
``(A) a methane clathrate that is in the form of a methane-
water ice-like crystalline material and is stable and occurs
naturally in deep-ocean and permafrost areas; and
``(B) other natural gas hydrates found in association with
deep-ocean and permafrost deposits of methane hydrate.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
to carry out this Act--
(1) $5,000,000 for fiscal year 2001;
(2) $7,500,000 for fiscal year 2002;
(3) $11,000,000 for fiscal year 2003;
(4) $12,000,000 for fiscal year 2004; and
(5) $12,000,000 for fiscal year 2005.
Amounts authorized under this section shall remain available until
expended.
SEC. 6. SUNSET.
Section 3 of this Act shall cease to be effective after the end of
fiscal year 2005.
SEC. 7. NATIONAL RESEARCH COUNCIL STUDY.
The Secretary shall enter into an agreement with the National
Research Council for such council to conduct a study of the progress
made under the methane hydrate research and development program
implemented pursuant to this Act, and to make recommendations for
future methane hydrate research and development needs. The Secretary
shall transmit to the Congress, not later than September 30, 2004, a
report containing the findings and recommendations of the National
Research Council under this section.
SEC. 8. REPORTS AND STUDIES.
The Secretary of Energy shall provide to the Committee on Science
of the House of Representatives copies of any report or study that the
Department of Energy prepares at the direction of any committee of the
Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Directs the Secretary to establish a panel to: (1) provide advice on applications of methane hydrate and priorities for the program; and (2) report to Congress on the impact on global climate change from methane hydrate formation and degassing and the consumption of natural gas produced from such hydrates. Limits to five percent the amount of program funding that can be used for administrative expense and prohibits the use of program funding for building construction.
Requires the Secretary, in awarding such grants or contracts or entering into such cooperative agreements, to: (1) facilitate and develop partnerships among government, industry, and institutions of higher education; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to Congress on accomplishments.
Amends the Mining and Minerals Policy Act of 1970 to: (1) redefine "marine mineral resource" to include methane hydrate (for the purposes of the marine mineral resources research program); and (2) define "methane hydrate."
Authorizes appropriations for FY 2002 through 2005.
Sunsets the methane hydrate research and development program after the end of FY 2005.
Instructs the Secretary to: (1) enter into an agreement with the National Research Council for a study and report to Congress on the progress made under the methane hydrate research and development program, together with any recommendations for future methane hydrate research and development needs; and (2) provide to the House Committee on Science any report or study prepared at the direction of any congressional committee.
|
{"src": "billsum_train", "title": "Methane Hydrate Research and Development Act of 2000"}
| 2,023 | 377 | 0.610262 | 1.859331 | 0.667649 | 4.547826 | 5.313043 | 0.901449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Corps Youth Sentencing
Alternative for Vocational Education and Training Act'' or the
``YOUTHSAVE Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Over 1,000,000 offenders are incarcerated in the
Nation's prisons and jails, and Federal and State correctional
systems face severe prison overcrowding.
(2) The annual costs of incarceration range as high as
$36,000 per inmate and represent one of the fastest growing
expenses facing States.
(3) Most juvenile offenders, regardless of the seriousness
of their crimes, are released at the age of 21, and are poorly
educated, unskilled, and unprepared to enter the workforce.
(4) Research on crime prevention shows that early
intervention directed at first-time offenders is essential to
helping them avoid a lifetime of crime.
(5) Studies have shown that inmates who receive job
training in prison are 3 times less likely to return to jail
after being released than their counterparts who do not receive
job training.
(6) The current system of juvenile incarceration usually
serves to warehouse offenders without providing effective
counseling, education, and job training necessary to reorient
youth inmates away from crime.
(7) Successful efforts to educate and train convicted
youths could result in substantial cost savings in terms of
reduced crime, incarceration, public assistance, and in higher
payroll tax revenues.
(8) The Job Corps program, authorized under part B of title
IV of the Job Training Partnership Act (29 U.S.C. 1691 et
seq.), is the Nation's only residential education and
vocational training program targeted to serve low-income youth
who face multiple barriers to becoming economically self-
sufficient.
(9) The Job Corps program has a documented record of
success during its 29 years of operation, including a 75
percent placement rate of successfully helping graduates obtain
permanent employment, return to school, or enter the armed
services, and such program returns $1.46 on every $1.00
invested in the program.
(10) Eligibility requirements of the Job Corps program
limit the participation of youths with certain behavioral
problems and youths who are being adjudicated or have been
convicted of crimes.
(11) Under section 433(a)(3) of the Job Training
Partnership Act (29 U.S.C. 1703(a)(3)), the Secretary of Labor
is authorized to undertake one or more pilot projects designed
to involve youths who have a history of behavioral problems in
order to provide these youths with the education, job training,
and counseling services that have proved so successful among
regular Job Corps participants.
(b) Purposes.--The purposes of this Act are--
(1) to establish separate Job Corps Youthsave centers for
youths who have been convicted of nonviolent criminal offenses
which shall be an alternative sentencing option for such
youths;
(2) to provide youth offenders at such centers with
intensive counseling, education, and job training in order to
help them become self-sufficient members of society; and
(3) to provide a disciplined environment at such centers in
which youth offenders can receive maximum benefit from regular
Job Corps services and other services geared specifically to
the needs of such offenders.
SEC. 3. ESTABLISHMENT OF JOB CORPS YOUTHSAVE PROGRAM.
(a) In General.--Part B of title IV of the Job Training Partnership
Act (29 U.S.C. 1691 et seq.) is amended by inserting after section 433A
the following new section:
``SEC. 433B. JOB CORPS YOUTHSAVE PROGRAM.
``(a) Authorization.--The Secretary is authorized to make
agreements in accordance with section 427 with entities described in
such section for the purpose of establishing and operating up to 10 Job
Corps Youthsave centers to provide comprehensive education and training
services to eligible youths described in subsection (b). Such Youthsave
centers shall be established and operated separately from the Job Corps
centers established and operated pursuant to section 427.
``(b) Eligible Youths.--A youth shall be eligible to become an
enrollee in the Job Corps at a center established and operated under
subsection (a) only if--
``(1) the youth meets the eligibility requirements
described in section 423 (except the requirements described in
paragraph (4) of such section); and
``(2) the youth has been convicted of a non-violent
criminal offense under Federal or State law and the sentence of
such offense is active at the time of enrollment.
``(c) Screening and Selection.--
``(1) In general.--(A) The Secretary, in consultation with
the individuals and entities described in subparagraph (B),
shall develop regulations for the screening and selection of
applicants for the Job Corps at centers established and
operated under subsection (a).
``(B) The individuals and entities described in this
subparagraph include the Attorney General, State attorneys
general, and appropriate individuals and entities such as
community action agencies, community-based organizations,
public employment agencies, individuals and entities
administering programs under title II, professional
organizations, labor organizations, and agencies and
individuals having contact with youths over a substantial
period of time and able to offer reliable information as to the
needs and problems of such youths.
``(2) Interviewing requirements.--The Secretary shall
ensure that the regulations described in paragraph (1) provide
for the interviewing of each applicant for the purpose of--
``(A) ensuring that the applicant understands that
enrollment in the Job Corps at a center established and
operated under subsection (a) is 1 sentencing option
available to such applicant;
``(B) ensuring that the applicant chooses such
option freely and for the purpose of receiving
education and job training services;
``(C) ensuring that the applicant understands the
Job Corps program and what will be expected of the
applicant in the event of acceptance;
``(D) obtaining from the applicant pertinent data
relating to background and needs of such applicant; and
``(E) determining whether the applicant's
educational and vocational needs can be met through the
Job Corps at a center established and operated under
subsection (a).
``(3) Special limitation.--The requirements described in
section 425(a) shall apply with respect to the screening and
selection of applicants for the Job Corps at centers
established and operated under subsection (a).
``(4) Dissemination.--The Secretary shall disseminate the
regulations developed under paragraph (1) to appropriate
individuals and organizations, including Federal and State
courts, probation officers, parole officers, appropriate social
service entities providing services to juvenile offenders, and
other law enforcement authorities and personnel.
``(d) Education and Training Services.--The Secretary may not enter
into an agreement with an entity described in section 427 for the
purpose of establishing and operating a center under subsection (a)
unless the entity agrees that it will provide enrollees with a
comprehensive program of education, vocational training, work
experience, planned vocational activities, physical rehabilitation and
development, and counseling.
``(e) Project Agreement.--Each center established and operated
under subsection (a) shall provide services and facilities under a
project agreement with 1 or more State or local agencies that--
``(1) requires such State and local agencies to provide, in
the aggregate, not less than 30 percent of the cost
attributable to operating such center; and
``(2) contains or is accompanied by such other information
and assurances as the Secretary may require.
``(f) Instructor Training.--The Secretary shall ensure that each
center established and operated under subsection (a) is staffed with
instructors who have received appropriate training in techniques in
dealing with youth offenders.
``(g) Maintenance of Information.--The Secretary shall maintain
information, separate from regular Job Corps statistics, on the
performance of the centers established and operated under subsection
(a) and the enrollees served by such centers, including placement
statistics and other related tracking information on the performance of
such enrollees.
``(h) Outreach.--The Secretary shall disseminate information
regarding the centers established and operated under subsection (a) to
appropriate Federal and State judges, juvenile delinquency prevention
personnel, attorneys, community-based organizations, and other
interested individuals and organizations for the purpose of increasing
awareness of and referrals to such centers.
``(i) Authorization of Appropriations.--
``(1) In general.--In addition to amounts authorized to be
appropriated under section 3(d) for a fiscal year, there are
authorized to be appropriated to carry out subsection (a)
$60,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 2004.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
(b) Conforming Amendment.--The table of contents of the Job
Training Partnership Act is amended by inserting after the item
relating to section 433A the following new item:
``Sec. 433B. Job Corps Youthsave Program.''.
|
Job Corps Youth Sentencing Alternative for Vocational Education and Training Act (or YOUTHSAVE Act) - Amends the Job Training Partnership Act to establish a separate Youthsave program, under the Job Corps program, to provide education and job training services to eligible youths convicted of non-violent criminal offenses.
Authorizes the Secretary of Labor to make agreements with specified entities to establish and operate up to ten Youthsave centers.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "YOUTHSAVE Act"}
| 1,998 | 107 | 0.480479 | 1.188638 | 0.687442 | 2.8875 | 23.2375 | 0.9125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Exploitation Through
Trafficking Act of 2014''.
SEC. 2. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) treats a minor who has engaged in, or has
attempted to engage in, a commercial sex act as a
victim of a severe form of trafficking in persons;
``(B) discourages the charging or prosecution of an
individual described in subparagraph (A) for a
prostitution or sex trafficking offense, based on the
conduct described in subparagraph (A); or
``(C) encourages the diversion of an individual
described in subparagraph (A) to appropriate service
providers, including child welfare services, victim
treatment programs, child advocacy centers, rape crisis
centers, or other social services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN
TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required
by a court order to pay restitution in
connection with a violation of each offense
under title 18, United States Code, the amount
of restitution required to be paid under each
such order, and the amount of restitution
actually paid pursuant to each such order; and
``(vii) the age, gender, race, country of
origin, country of citizenship, and description
of the role in the offense of individuals
convicted under each offense; and''.
SEC. 4. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(2) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) National human trafficking hotline.--
Beginning in fiscal year 2017 and each fiscal year
thereafter, of amounts made available for grants under
this paragraph, the Secretary of Health and Human
Services shall make grants for a national communication
system to assist victims of severe forms of trafficking
in persons in communicating with service providers. The
Secretary shall give priority to grant applicants that
have experience in providing telephone services to
victims of severe forms of trafficking in persons.''.
SEC. 5. JOB CORPS ELIGIBILITY.
Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C.
2884(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS
SERVICE.
Section 566(e)(1) of title 28, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C), the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an
agency, in locating and recovering missing children.''.
Passed the House of Representatives May 20, 2014.
Attest:
KAREN L. HAAS,
Clerk.
|
(This measure has not been amended since it was reported to the House on May 13, 2014. Stop Exploitation Through Trafficking Act of 2014 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. (Sec. 3) Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. (Sec. 4) Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. (Sec. 5) Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. (Sec. 6) Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children.
|
{"src": "billsum_train", "title": "Stop Exploitation Through Trafficking Act of 2014"}
| 1,257 | 595 | 0.611159 | 1.884099 | 0.612138 | 3.940613 | 2.109195 | 0.829502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Decentralize Regulatory Agencies,
Include the Nation Act of 2018'' or the ``DRAIN Act''.
SEC. 2. RELOCATION OF FEDERAL NONSECURITY AGENCIES TO LOCATIONS OUTSIDE
THE NATIONAL CAPITAL REGION.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
General Services;
(2) the term ``agency''--
(A) means an Executive department (as defined in
section 101 of title 5, United States Code) and an
independent establishment (as defined in section 104 of
title 5, United States Code); and
(B) does not include the Government Accountability
Office;
(3) the term ``Director'' means the Director of the Office
of Management and Budget;
(4) the term ``local government'' means a city, town,
township, county, parish, village, or other general purpose
political subdivision of a State;
(5) the term ``National Capital region'' has the meaning
given that term in section 8702 of title 40, United States
Code;
(6) the term ``nonsecurity agency'' means an agency that is
not a security agency;
(7) the term ``security agency'' means an agency that
receives the majority of the funding for the agency under an
appropriation Act making appropriations--
(A) for the Department of Defense;
(B) for the Department of Homeland Security; or
(C) for the Department of State, foreign
operations, and related programs; and
(8) the term ``State'' means each of the several States of
the United States.
(b) Plan.--The Director and the Administrator shall jointly develop
and implement a plan under which the headquarters of each nonsecurity
agency that is not exempted under subsection (d) shall be relocated to
a location outside the National Capital region by not later than the
later of--
(1) October 1, 2029; or
(2) if applicable, the date on which the lease in effect on
the date of enactment of this Act for the building in which the
headquarters of the nonsecurity agency is located expires.
(c) Determination of Area for Relocation.--
(1) In general.--The plan under subsection (b) shall
require that the location to which the headquarters of a
nonsecurity agency shall be relocated be determined by the
Director, the Administrator, and the head of the nonsecurity
agency on a competitive basis, in accordance with this
subsection.
(2) Application.--A State or local government desiring that
a nonsecurity agency relocate the headquarters of the
nonsecurity agency to an area that is under the jurisdiction of
the State or local government shall submit an application at
such time, in such manner, and accompanied by such information
as the Director and the Administrator shall jointly establish.
(3) Priority.--The Director, the Administrator, and the
head of the nonsecurity agency shall give priority to an
application under this subsection proposing the headquarters of
a nonsecurity agency be located in an area--
(A) for which the rate of unemployment is higher
than the average rate of unemployment in the United
States, as determined by the Secretary of Labor;
(B) with a nexus between the nonsecurity agency and
the geographic area in which the nonsecurity agency
regulates; or
(C) with existing infrastructure to efficiently
support the size and scope of the relocation of the
headquarters of the nonsecurity agency.
(4) Determination.--The location to which the headquarters
of a nonsecurity agency shall be relocated shall be determined
by a majority vote of the Director, the Administrator, and the
head of the nonsecurity agency.
(d) Exemptions.--
(1) In general.--The President may exempt a nonsecurity
agency from the requirement to relocate the headquarters of the
nonsecurity agency if the President determines that the
headquarters of the nonsecurity agency should remain in the
current location.
(2) Reporting.--If the President exempts a nonsecurity
agency under paragraph (1), the President shall submit to
Congress a report detailing the basis for the determination of
the President that the headquarters of the nonsecurity agency
should remain in the current location.
(e) Conforming Amendment.--Section 72 of title 4, United States
Code, is amended by striking ``All offices'' and inserting ``Except as
provided in the DRAIN Act, all offices''.
(f) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this Act. Such requirements
shall be carried out using amounts otherwise authorized.
|
Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs.
|
{"src": "billsum_train", "title": "Decentralize Regulatory Agencies, Include the Nation Act of 2018"}
| 1,024 | 156 | 0.663011 | 1.836649 | 0.871581 | 3.105263 | 7.067669 | 0.924812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Fisheries Service
Ombudsman Act of 2010''.
SEC. 2. NATIONAL MARINE FISHERIES SERVICE OMBUDSMAN OFFICE.
(a) In General.--
(1) Establishment.--There is established an Office of the
Ombudsman in the National Marine Fisheries Service.
(2) Ombudsman.--
(A) In general.--The Office shall be under the
direction of the Ombudsman of the National Marine
Fisheries Service, who shall be appointed by the
Administrator of the National Oceanic and Atmospheric
Administration--
(i) in the case of the first Ombudsman,
within 180 days after the date of enactment of
this Act; and
(ii) in the case of an individual appointed
to serve as Ombudsman subsequent to the
expiration of the term of a sitting Ombudsman,
by not later than the date the term expires.
(B) Term.--An individual appointed as Ombudsman
shall serve a term of 4 years, and may be reappointed.
(C) Vacancies.--In the event of a vacancy in the
position of Ombudsman the Administrator shall appoint
an individual as Ombudsman by not later than 120 days
after the date the vacancy occurs.
(3) Regional ombudsmen.--
(A) In general.--The Ombudsman shall maintain a
regional ombudsman in each of the regions for which a
Regional Fishery Management Council is established
under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852).
(B) Appointment.--The regional ombudsmen shall be
appointed by and serve at the discretion of the
Ombudsman.
(C) Acting ombudsman.--In the event of a vacancy in
the office of the Ombudsman, the Administrator shall
appoint a regional ombudsman to serve as the acting
Ombudsman until an Ombudsman is appointed.
(4) Qualifications.--A person may not be appointed--
(A) as the Ombudsman, unless the person has--
(i) demonstrated expertise in the field of
fisheries management and significant experience
and knowledge of regulations that are enforced
by the National Marine Fisheries Service; and
(ii) significant experience working in or
with the commercial or recreational fishing
industries; or
(B) as a regional ombudsman, unless the person--
(i) satisfies the requirements in
subparagraph (A); and
(ii) is a resident of a State in the region
for which appointed.
(5) Notification of appointment and removal.--The
Administrator shall notify Congress of--
(A) the intent of the Administrator to appoint an
individual as Ombudsman, by not later than 60 days
before the effective date of the appointment;
(B) whether or not the Administrator will reappoint
an individual who is serving as Ombudsman, by not later
than 120 days before the expiration of the term of the
individual; and
(C) the intent of the Administrator to remove a
person from the position of Ombudsman, by not later
than 60 days before the effective date of the such
removal, including the reasons for such removal.
(6) Ensuring independence of ombudsman.--
(A) In general.--The Ombudsman--
(i) shall report solely to and be under the
general supervision of the Administrator; and
(ii) may only be removed by the
Administrator for neglect of duty, misconduct,
or inability to perform the duties of the
office of the Ombudsman.
(B) Maintenance of independent communications.--
Each office under the administrative jurisdiction of
the Ombudsman shall maintain a telephone, facsimile,
and other means of electronic communication access, and
a post office address, that is separate from those
maintained by the National Marine Fisheries Service and
from all other components of the National Oceanic and
Atmospheric Administration.
(C) IG's authority to conduct investigations not
affected.--Nothing in this Act shall prevent or
prohibit any Inspector General from initiating,
carrying out, or completing any investigation.
(b) Functions.--The Ombudsman shall--
(1) act as a neutral third party who conducts informal,
impartial fact finding and investigations;
(2) identify points of conflict or contention between the
fishing industry and the National Marine Fisheries Service with
respect to the implementation and enforcement of regulations;
(3) mitigate points of conflict or contention identified
under paragraph (2);
(4) through each regional ombudsman--
(A) serve as a point of contact for local fishermen
and businesses that are regulated by the National
Marine Fisheries Service;
(B) receive complaints from persons regulated by
the National Marine Fisheries Service regarding
regulatory actions initiated by the Service;
(C) initiate informal, impartial fact finding and
investigations;
(D) work with the Service and local fishermen and
businesses to resolve such complaints; and
(E) conduct community outreach, including by
assisting the National Marine Fisheries Service in the
dissemination of any new regulations or requirements
and providing information and guidance to the public;
and
(5) maintain a public Internet site that includes contact
information for each regional office.
(c) Annual Report.--
(1) In general.--The Ombudsman shall report no later than
September 30 each year to the Administrator, the Committee on
Natural Resources Committee of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of
the Senate on the actions taken by each of the regional offices
over the preceding year and the objectives of those actions.
(2) Contents.--Each such report shall include--
(A) full and substantive analysis, in addition to
statistical information;
(B) recommendations the Office of the Ombudsman has
made on improving services and responsiveness of the
National Marine Fisheries Service;
(C) a summary of the most pervasive and serious
points of conflict or contention encountered by
fishermen and businesses, including a description of
the nature thereof;
(D) an inventory of the items described in
subparagraphs (B) and (C) for which action has been
taken, and the result of such action;
(E) an inventory of the items described in
subparagraphs (B) and (C) for which action remains to
be completed;
(F) recommendations to resolve points of conflict
or contention encountered by fishermen and businesses;
(G) information the Ombudsman considers appropriate
regarding the independence and effectiveness of the
Ombudsman's office; and
(H) such other information as the Ombudsman
considers relevant.
(3) Report to be submitted directly.--Each report under
this subsection shall be provided directly to the committees
described in paragraph (1) without any prior comment or
amendment from the Administrator or any from any other officer
or employee of the National Oceanic and Atmospheric
Administration, the National Marines Fisheries Service, or the
Office of Management and Budget.
(4) Other reports.--Nothing in this subsection shall be
construed to preclude the Ombudsman from issuing other reports
on the activities of the Office of the Ombudsman.
|
National Marine Fisheries Service Ombudsman Act of 2010 - Establishes an Office of the Ombudsman in the National Marine Fisheries Service which shall be under the direction of the Ombudsman of the National Marine Fisheries Service, who shall be appointed by the Administrator of the National Oceanic and Atmospheric Administration (NOAA).
Requires the Ombudsman to maintain a regional Ombudsman in each of the regions for which a Regional Fishery Management Council.
Requires the Ombudsman to report solely to, and be under the general supervision of, the Administrator and allows the removal of the Ombudsman only by the Administrator for neglect of duty, misconduct, or inability to perform the duties of the office of the Ombudsman.
Sets forth the duties of the Ombudsman, including: (1) to act as a neutral third party who conducts informal, impartial fact finding and investigations; (2) to identify points of conflict or contention (and to mitigate such points of conflict or contention) between the fishing industry and the National Marine Fisheries Service with respect to the implementation and enforcement of regulations; (3) through each regional ombudsman, to serve as a point of contact for local fishermen and businesses that are regulated by the National Marine Fisheries Service; and (4) to maintain a public Internet site that includes contact information for each regional office.
|
{"src": "billsum_train", "title": "To establish an Ombudsman Office within the National Marine Fisheries Service, and for other purposes."}
| 1,611 | 301 | 0.677891 | 2.04832 | 0.760212 | 5.451613 | 5.629032 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ice Age Floods National Geologic
Trail Designation Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) at the end of the last Ice Age, some 12,000 to 17,000
years ago, a series of cataclysmic floods occurred in what is
now the northwest region of the United States, leaving a
lasting mark of dramatic and distinguishing features on the
landscape of parts of the States of Montana, Idaho, Washington
and Oregon;
(2) geological features that have exceptional value and
quality to illustrate and interpret this extraordinary natural
phenomenon are present on Federal, State, tribal, county,
municipal, and private land in the region; and
(3) in 2001, a joint study team headed by the National Park
Service that included about 70 members from public and private
entities completed a study endorsing the establishment of an
Ice Age Floods National Geologic Trail--
(A) to recognize the national significance of this
phenomenon; and
(B) to coordinate public and private sector
entities in the presentation of the story of the Ice
Age floods.
(b) Purpose.--The purpose of this Act is to designate the Ice Age
Floods National Geologic Trail in the States of Montana, Idaho,
Washington, and Oregon, enabling the public to view, experience, and
learn about the features and story of the Ice Age floods through the
collaborative efforts of public and private entities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Ice age floods; floods.--The term ``Ice Age floods'' or
``floods'' means the cataclysmic floods that occurred in what
is now the northwestern United States during the last Ice Age
from massive, rapid and recurring drainage of Glacial Lake in
Missoula, Montana.
(2) Plan.--The term ``plan'' means the cooperative
management and interpretation plan authorized under section
5(f).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated by section 4(a).
SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Designation.--In order to provide for public appreciation,
understanding, and enjoyment of the nationally significant natural and
cultural features of the Ice Age floods and to promote collaborative
efforts for interpretation and education among public and private
entities located along the pathways of the floods, there is designated
the Ice Age Floods National Geologic Trail.
(b) Location.--
(1) Map.--The route of the Trail shall be generally
depicted on the map entitled ``Ice Age Floods National Geologic
Trail,'' numbered _____, and dated _____.
(2) Route.--The route shall generally follow public roads
and highways_
(A) from the vicinity of Missoula in western
Montana;
(B) across northern Idaho;
(C) through eastern and southern sections of
Washington;
(D) across northern Oregon in the vicinity of the
Willamette Valley and the Columbia River; and
(E) to the Pacific Ocean.
(3) Revision.--The Secretary may revise the map by
publication in the Federal Register of a notice of availability
of a new map as part of the plan.
(c) Map Availability.--Any map referred to in subsection (b) shall
be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer the Trail in accordance with
this Act.
(b) Trail Management Office.--In order for the National Park
Service to manage the Trail and coordinate Trail activities with other
public agencies and private entities, the Secretary may establish and
operate a trail management office within the vicinity of the Trail.
(c) Land Acquisition.--
(1) In general.--If the acquisition is consistent with the
plan, the Secretary may acquire land, in a quantity not to
exceed 25 acres, for administrative and public information
purposes to facilitate the geographic diversity of the Trail
throughout the States of Montana, Idaho, Washington, and
Oregon.
(2) Methods.--
(A) Private land.--Private land may be acquired
from a willing seller under this Act only by donation,
purchase with donated or appropriated funds, or
exchange.
(B) Non-federal public land.--Non-Federal public
land may be acquired from a willing seller under this
Act--
(i) only by donation or exchange; and
(ii) after consultation with the affected
unit of local government.
(d) Interpretive Facilities.--The Secretary may plan, design, and
construct interpretive facilities for sites associated with the Trail
if the facilities are constructed in partnership with State, local,
tribal, or non-profit entities and are consistent with the plan.
(e) Interagency Technical Committee.--
(1) In general.--The Secretary shall establish an
interagency technical committee to advise the trail management
office on the technical planning for the development of the
plan.
(2) Composition.--The committee--
(A) shall include--
(i) representatives from Federal, State,
local, and tribal agencies with interests in
the floods; and
(ii) representatives from the Ice Age
Floods Institute; and
(B) may include private property owners, business
owners, and nonprofit organizations.
(f) Management Plan.--
(1) In general.--Not later than 3 years after funds are
made available to carry out this Act under section 6, the
Secretary shall prepare a cooperative management and
interpretation plan for the Trail.
(2) Consultation.--The Secretary shall prepare the plan in
consultation with--
(A) State, local, and tribal governments;
(B) the Ice Age Floods Institute;
(C) private property owners; and
(D) other interested parties.
(3) Contents.--The plan shall--
(A) confirm and, if appropriate, expand on the
inventory of features of the floods contained in the
National Park Service study entitled ``Ice Age Floods,
Study of Alternatives and Environmental Assessment''
(February 2001) by--
(i) locating features more accurately;
(ii) improving the description of features;
and
(iii) reevaluating the features in terms of
their interpretive potential;
(B) review and, if appropriate, modify the map of
the Trail referred to in section 4(b);
(C) describe strategies for the coordinated
development of the Trail, including an interpretive
plan for facilities, waysides, roadside pullouts,
exhibits, media, and programs that present the story of
the floods to the public effectively; and
(D) identify potential partnering opportunities in
the development of interpretive facilities and
educational programs to educate the public about the
story of the floods.
(g) Cooperative Management.--
(1) In general.--In order to facilitate the development of
coordinated interpretation, education, resource stewardship,
visitor facility development and operation, and scientific
research associated with the Trail and to promote more
efficient administration of the sites associated with the
Trail, the Secretary may enter into cooperative management
agreements with appropriate officials in the States of Montana,
Idaho, Washington, and Oregon in accordance with the authority
provided for units of the National Park System under section
3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(2) Unit of national park system.--For purposes of this
subsection, the Trail shall be considered a unit of the
National Park System.
(h) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with public or private entities to carry out
this Act.
(i) Effect on Private Property Rights.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(2) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(j) Liability.--Designation of the Trail by section 4(a) does not
create any liability for, or affect any liability under any law of, any
private property owner with respect to any person injured on the
private property.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, of which not more than $500,000 may be used for
each fiscal year for the administration of the Trail.
|
Ice Age Floods National Geologic Trail Designation Act of 2004 - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods and to promote efforts to interpret and educate along the pathways of the floods.
Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail.
Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail.
Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail.
|
{"src": "billsum_train", "title": "A bill to designate the Ice Age Floods National Geologic Trail, and for other purposes."}
| 1,888 | 175 | 0.639851 | 1.829212 | 0.792877 | 5.277419 | 11.335484 | 0.980645 |
SECTION 1. INCLUSION OF ALGAE-BASED BIOFUEL IN RENEWABLE FUEL PROGRAM.
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is
amended--
(1) in subparagraph (E) by adding at the end the following
``The term `cellulosic biofuel' also includes algae-based
biofuel.'', and
(2) by adding the following new subparagraph at the end
thereof:
``(M) Algae-based biofuel.--The term `algae-based
biofuel' means liquid fuel--
``(i) derived from the biomass of single-
or multi-cellular organisms which are
inherently aquatic and classified as non-
vascular plants (including microalgae, blue-
green algae (cyanobacteria), and macroalgae
(seaweeds)); and
``(ii) that has lifecycle greenhouse gas
emissions, as determined by the Administrator,
that are at least 60 percent less than the
baseline lifecycle greenhouse gas emissions.''.
SEC. 2. INCLUSION OF ALGAE-BASED BIOFUEL IN DEFINITION OF CELLULOSIC
BIOFUEL.
(a) Cellulosic Biofuel Producer Credit.--
(1) General rule.--Paragraph (4) of section 40(a) of the
Internal Revenue Code of 1986 is amended by inserting ``and
algae-based'' after ``cellulosic''.
(2) Definitions.--Paragraph (6) of section 40(b) of such
Code is amended--
(A) by inserting ``and algae-based'' after
``Cellulosic'' in the heading,
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The cellulosic and algae-based
biofuel producer credit of any taxpayer is an amount
equal to the applicable amount for each gallon of--
``(i) qualified cellulosic biofuel
production, and
``(ii) qualified algae-based biofuel
production.'',
(C) by redesignating subparagraphs (F), (G), and
(H) as subparagraphs (I), (J), and (K), respectively,
(D) by inserting ``and algae-based'' after
``cellulosic'' in the heading of subparagraph (I), as
so redesignated,
(E) by inserting ``or algae-based biofuel,
whichever is appropriate,'' after ``cellulosic
biofuel'' in subparagraph (J), as so redesignated,
(F) by inserting ``and qualified algae-based
biofuel production'' after ``qualified cellulosic
biofuel production'' in subparagraph (K), as so
redesignated, and
(G) by inserting after subparagraph (E) the
following new subparagraphs:
``(F) Qualified algae-based biofuel production.--
For purposes of this section, the term `qualified
algae-based biofuel production' means any algae-based
biofuel which is produced by the taxpayer, and which
during the taxable year--
``(i) is sold by the taxpayer to another
person--
``(I) for use by such other person
in the production of a qualified algae-
based biofuel mixture in such other
person's trade or business (other than
casual off-farm production),
``(II) for use by such other person
as a fuel in a trade or business, or
``(III) who sells such algae-based
biofuel at retail to another person and
places such algae-based biofuel in the
fuel tank of such other person, or
``(ii) is used or sold by the taxpayer for
any purpose described in clause (i).
The qualified algae-based biofuel production of any
taxpayer for any taxable year shall not include any
alcohol which is purchased by the taxpayer and with
respect to which such producer increases the proof of
the alcohol by additional distillation.
``(G) Qualified algae-based biofuel mixture.--For
purposes of this paragraph, the term `qualified algae-
based biofuel mixture' means a mixture of algae-based
biofuel and gasoline or of algae-based biofuel and a
special fuel which--
``(i) is sold by the person producing such
mixture to any person for use as a fuel, or
``(ii) is used as a fuel by the person
producing such mixture.
``(H) Algae-based biofuel.--For purposes of this
paragraph--
``(i) In general.--The term `algae-based
biofuel' means any liquid fuel, including
gasoline, diesel, aviation fuel, and ethanol,
which--
``(I) is produced from the biomass
of algal organisms, and
``(II) meets the registration
requirements for fuels and fuel
additives established by the
Environmental Protection Agency under
section 211 of the Clean Air Act (42
U.S.C. 7545).
``(ii) Algal organism.--The term `algal
organism' means a single- or multi-cellular
organism which is primarily aquatic and
classified as a non-vascular plant, including
microalgae, blue-green algae (cyanobacteria),
and macroalgae (seaweeds).
``(iii) Exclusion of low-proof alcohol.--
Such term shall not include any alcohol with a
proof of less than 150. The determination of
the proof of any alcohol shall be made without
regard to any added denaturants.''.
(3) Conforming amendments.--
(A) Subparagraph (D) of section 40(d)(3) of such
Code is amended--
(i) by inserting ``and algae-based'' after
``cellulosic'' in the heading,
(ii) by inserting ``or (b)(6)(F)'' after
``(b)(6)(C)'' in clause (ii), and
(iii) by inserting ``or algae-based'' after
``such cellulosic''.
(B) Paragraph (6) of section 40(d) of such Code is
amended--
(i) by inserting ``and algae-based'' after
``cellulosic'' in the heading, and
(ii) by striking the first sentence and
inserting ``No cellulosic and algae-based
biofuel producer credit shall be determined
under subsection (a) with respect to any
cellulosic or algae-based biofuel unless such
cellulosic or algae-based biofuel is produced
in the United States and used as a fuel in the
United States.''.
(C) Paragraph (3) of section 40(e) of such Code is
amended by inserting ``and algae-based'' after
``cellulosic'' in the heading.
(D) Paragraph (1) of section 4101(a) of such Code
is amended--
(i) by inserting ``or algae-based'' after
``cellulosic'', and
(ii) by inserting ``and 40(b)(6)(H),
respectively'' after ``section 40(b)(6)(E)''.
(b) Special Allowance for Cellulosic Biofuel Plant Property.--
Subsection (l) of section 168 of the Internal Revenue Code of 1986 is
amended--
(1) by inserting ``and Algae-based'' after ``Cellulosic''
in the heading,
(2) by inserting ``and any qualified algae-based biofuel
plant property'' after ``qualified cellulosic biofuel plant
property'' in paragraph (1),
(3) by redesignating paragraphs (4) through (8) as
paragraphs (6) through (10), respectively,
(4) by inserting ``or qualified algae-based biofuel plant
property'' after ``cellulosic biofuel plant property'' in
paragraph (7)(C), as so redesignated,
(5) by striking ``with respect to'' and all that follows in
paragraph (9), as so redesignated, and inserting ``with respect
to any qualified cellulosic biofuel plant property and any
qualified algae-based biofuel plant property which ceases to be
such qualified property.'',
(6) by inserting ``or qualified algae-based biofuel plant
property'' after ``cellulosic biofuel plant property'' in
paragraph (10), as so redesignated, and
(7) by inserting after paragraph (3) the following new
paragraphs:
``(4) Qualified algae-based biofuel plant property.--The
term `qualified algae-based biofuel plant property' means
property of a character subject to the allowance for
depreciation--
``(A) which is used in the United States solely to
produce algae-based biofuel,
``(B) the original use of which commences with the
taxpayer after December 31, 2008,
``(C) which is acquired by the taxpayer by purchase
(as defined in section 179(d)) after December 31, 2008,
but only if no written binding contract for the
acquisition was in effect on or before such date, and
``(D) which is placed in service by the taxpayer
before January 1, 2013.
``(5) Algae-based biofuel.--
``(A) In general.--The term `algae-based biofuel'
means any liquid fuel which is produced from the
biomass of algal organisms.
``(B) Algal organism.--The term `algal organism'
means a single- or multi-cellular organism which is
primarily aquatic and classified as a non-vascular
plant, including microalgae, blue-green algae
(cyanobacteria), and macroalgae (seaweeds).''.
(c) Effective Dates.--
(1) Cellulosic biofuel producer credit.--The amendments
made by subsection (a) shall apply to fuel produced after
December 31, 2008.
(2) Special allowance for cellulosic biofuel plant
property.--The amendments made by subsection (b) shall apply to
property purchased and placed in service after December 31,
2008.
|
Amends the Clean Air Act to include algae-based biofuel in the renewable fuel program. Defines "algae-based biofuel," for purposes of such Act, as liquid fuel derived from the biomass of single- or multi-cellular organisms which are inherently aquatic and classified as non-vascular plants and that have lifecycle greenhouse gas emissions that are at least 60% less than the baseline for such emissions.
Amends the Internal Revenue Code to: (1) expand the definition of cellulosic biofuel to include algae-based biofuel for purposes of the cellulosic biofuel producer tax credit; and (2) allow accelerated depreciation of property used to produce algae-based biofuel. Defines "algae-based biofuel" as any liquid fuel which is produced from the biomass of an algal organism (i.e., an organism that is primarily aquatic and classified as a non-vascular plant).
|
{"src": "billsum_train", "title": "To amend the Clean Air Act to include algae-based biofuel in the renewable fuel program and amend the Internal Revenue Code of 1986 to include algae-based biofuel in the cellulosic biofuel producer credit."}
| 2,336 | 204 | 0.670316 | 1.66704 | 0.862946 | 3.45509 | 11.916168 | 0.904192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Freedom from Restraint Act
of 1999''.
SEC. 2. LIMITATION ON USE OF PHYSICAL AND CHEMICAL RESTRAINTS AND
SECLUSION IN CERTAIN MEDICARE OR MEDICAID FUNDED
TREATMENT FACILITIES.
(a) In General.--Part B of title XI of the Social Security Act is
amended by adding at the end the following new section:
``limitation on use of restraints and seclusion in certain medicare and
medicaid funded treatment facilities
``Sec. 1164. (a) Freedom From Restraints and Seclusion.--As a
condition of participation or receipt of funds under the medicare
program under title XVIII or under a State medicaid program under title
XIX, a covered facility (as defined in subsection (b)) shall--
``(1) protect and promote the right of each resident or
patient to be free from physical or mental abuse, corporal
punishment, involuntary seclusion, and any physical or chemical
restraints (as defined in subsection (g)) imposed for purposes
of discipline or convenience;
``(2) meet the requirements of subsection (d) (relating to
recording and reporting on the use of restraints and seclusion
and sentinel events);
``(3) provide for annual training of all staff with direct
resident or patient care responsibility on the proper use of
restraints and seclusion, their alternatives, and techniques
and methods to identify and defuse potential emergency
situations; and
``(4)(A) make available to each resident or patient, and to
the guardian of each such resident or patient, a statement of
their rights to freedom from restraints and seclusion as
required by this section and information on the purpose of the
appropriate protection and advocacy agencies (as defined in
subsection (g)(4)) and their addresses and telephone numbers;
and
``(B) clearly and conspicuously post such information in
the facility.
``(b) Covered Facility Defined.--For purposes of this section, the
term `covered facility` means any of the following:
``(1) A facility that provides inpatient or residential
psychiatric treatment or treatment of mental illness (including
a psychiatric hospital, as defined in section 1861(f), and an
institution for mental diseases, as defined in section
1905(i)).
``(2) An intermediate care facility for the mentally
retarded (as defined in section 1905(d)).
``(3) A facility that provides residential treatment for
children.
``(c) Requirements Relating to Restraints and Seclusion.--
``(1) General limitations.--
``(A) In general.--A covered facility may only
impose restraints and seclusion--
``(i) to ensure the immediate physical
safety of the resident or patient or others;
and
``(ii) only upon the written order of a
physician that specifies the duration (not to
exceed 2 consecutive hours) and circumstances
under which the restraints and seclusion are to
be used.
``(B) Emergency exception.--Subparagraph (A)(ii)
shall not apply in emergency circumstances specified by
the Secretary during the period before a written order
can reasonably be obtained.
``(2) Prohibition of use of standing orders.--Written
orders for such restraints or seclusion shall never be written
as a standing order.
``(3) Use as last resort.--A covered facility may only use
restraints and seclusion as an emergency safety measure and as
a last resort and only after other less restrictive approaches
have failed.
``(4) Least restrictive manner.--A covered facility shall
use restraints and seclusion only in the least restrictive
manner possible, to protect the resident or patient or others
from harm, and must remove or end restraints and seclusion at
the earliest possible time.
``(5) No simultaneous use.--A covered facility may not use
restraints and seclusion simultaneously.
``(d) Recording and Reporting Requirements.--In accordance with the
protocol established under subsection (e)(1)--
``(1) Recording uses of restraint and seclusion in patient
records.--
``(A) In general.--Each covered facility shall
record and maintain, as part of a resident's or
patient's medical record, the following information on
each incident in which restraints or seclusion are used
with respect to a resident or patient of the facility:
``(i) The uses of restraint and seclusion,
including the type of restraint or seclusion
used and the time and duration of its use.
``(ii) The rationale for restraint or
seclusion and types of less restrictive
alternatives that were tried or considered.
``(iii) Evidence of treatment planning to
reduce the probability of future incidents that
would lead to use of restraint or seclusion.
``(B) Availability to p&a agencies.--Each covered
facility shall make available the information recorded
under subparagraph (A) for inspection by staff of the
appropriate protection and advocacy agencies.
``(2) Submission of periodic reports on overall use of
restraints and seclusion.--Each covered facility shall submit
to the Secretary and to the appropriate protection and advocacy
agencies a report that specifies the number of times restraints
or seclusion were used during the reporting period. Such report
shall be submitted on a periodic basis specified by the
Secretary, but in no case less often than annually.
``(3) Submission of reports on all sentinel events.--
``(A) In general.--Each covered facility shall
submit to the appropriate protection and advocacy
agency a report on--
``(i) each sentinel event (as defined in
subsection (g)(6)) that occurs respecting a
resident or patient, including only the name of
the resident or patient and a general
description of the event; and
``(ii) if information is available to the
facility, information on the death of any
individual who died within 14 days after the
date of discharge from the facility.
``(B) Deadline for submission.--Each report under
subparagraph (A)(i) shall be submitted within 7 days of
the date of the incident involved and each report under
subparagraph (A)(ii) shall be submitted within 7 days
of receipt of information concerning the death of the
former resident or patient.
``(C) Annual report.--Each covered facility shall
submit on an annual basis to the Secretary an annual
report on sentinel events for which reports were made
during the previous year under subparagraph (A).
``(e) Implementation.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary shall establish a
protocol for the recording and reporting of information under
subsection (d). To the extent feasible, the Secretary shall
establish the protocol in a manner that is consistent with
medical records recording systems and that is coordinated with
other applicable health care information reporting systems. The
Secretary shall consult with appropriate protection and
advocacy agencies in establishing and implementing the
protocol.
``(2) Publication of summary.--The Secretary shall compile
and publish on an annual basis a comprehensive summary of the
reports received under subsection (d)(3).
``(3) Establishment of guidelines for peer review
organizations.--The Secretary shall establish guidelines for
the use of utilization and quality control peer review
organizations (as defined in section 1152(a)) in reviewing
policies and procedures of covered facilities regarding the use
of restraints and seclusion consistent with this section.
``(f) Sanctions.--
``(1) Loss of medicare and medicaid funding.--A covered
facility that fails to comply with the requirements of
subsection (a) (including failure to provide for annual
training of staff in accordance with subsection (a)(3)) is
subject to disqualification from participation in the medicare
program under title XVIII and the medicaid program under title
XIX for such period at the Secretary may specify.
``(2) Civil money penalty for failure to file sentinel
reports.--A covered facility that fails to file a report
required to be made under subsection (b)(3) within the period
so required is subject to a civil money penalty not to exceed
$5,000 for each such violation. The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to civil money
penalties under this subsection in the same manner as they
apply to a penalty or proceeding under section 1128A(a).
``(g) Definitions.--For purposes of this section:
``(1) Restraints.--The term `restraints' means any chemical
or physical restraint (as defined in paragraphs (2) and (3)).
``(2) Chemical restraint.--The term `chemical restraint'
means the use of any medication or biological for the purpose
of immobilizing the individual, inducing a state of sleep or
unconsciousness, or reducing the ability to move freely. Such
term does not include involuntary administration of medication
when administered pursuant to a court order or the
administration of medication for voluntary or emergency
treatment (such as anesthesia administered before a surgical
procedure).
``(3) Physical restraint.--The term `physical restraint'
means any mechanical or personal restriction that immobilizes
or reduces an individual's ability to move arms, legs, or head
freely. Such term does not include devices, such as
orthopedically prescribed appliances, surgical dressings and
bandages, protective helmets and supportive body bands, and
other physical holding when necessary for routine physical
examinations or tests or for orthopedic surgical or other
similar medical treatment purposes or when used to provide
support for the achievement of functional body position or
proper balance or to permit an individual to participate in
ongoing activities with the risk of physical harm.
``(4) Protection and advocacy agency.--The term `protection
and advocacy agency' means an appropriate board under the
protection and advocacy system established under part C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6041 et seq.).
``(5) Seclusion.--The term `seclusion' means the
involuntary confinement of a resident or patient in a room from
which the resident or patient is physically prevented from
leaving.
``(6) Sentinel event.--The term `sentinel event' means an
unexpected occurrence involving a substantial impairment of the
physical or psychological condition of a resident or patient,
including any burn, laceration, or abrasion of the skin,
fracture of any bone, substantial hematoma, injury to any
internal organ, or any injury that occurs as a result of
repeated harm to any bodily function or organ (including the
skin), if the occurrence is unrelated to the natural course of
the individual's illness or underlying condition, and includes
the death of the individual in any case.''.
(b) Effective Dates.--
(1) Protection against use of punitive restraints and
seclusion.--The requirements of subsections (a)(1) and (c) of
section 1164 of the Social Security Act, as added by subsection
(a), apply to restraints and seclusion used on or after the
first date of the first month that begins more than 6 months
after the date of the enactment of this Act.
(2) Reporting requirements.--
(A) Deadline for establishing protocol.--The
Secretary of Health and Human Services shall first
establish the protocol described in section 1164(e)(1)
of the Social Security Act, as added by subsection (a),
within 1 year after the date of the enactment of this
Act.
(B) Reports.--Covered facilities are first required
to record information and submit reports under section
1164(c) of the Social Security Act, as so added, for
restraints and seclusion used on and after a date
(specified by the Secretary of Health and Human
Services ) that is not later than 2 months after the
date of the establishment of the protocol under section
1164(e)(1) of such Act.
(3) Annual training.--The requirement of section 1164(a)(3)
of the Social Security Act, as so added, applies for annual
periods beginning after the effective date described in
paragraph (1).
(4) Posting information.--The requirement of section
1164(a)(4) of the Social Security Act, as so added, takes
effect on such date, not later than the effective date
described in paragraph (1), as the Secretary of Health and
Human Services shall specify.
|
Patient Freedom from Restraint Act of 1999 - Amends part D (Peer Review) of title XI of the Social Security Act (SSA) to specify Medicare and Medicaid (SSA titles XVIII and XIX) program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a covered facility to report sentinel events (when a program beneficiary under psychiatric or other specified care dies unexpectedly or suffers injury unrelated to his or her illness or underlying condition) to the appropriate protection and advocacy agency.
Allows the imposition of restraints only: (1) to ensure physical safety of the individual or others in the provider's care; and (2) upon the written order of a physician specifying the duration (but no more than two hours) and circumstances under which restraints and seclusion are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Prohibits their simultaneous use.
Requires the covered facility to provide for annual staff training on the proper use of restraints and seclusion, to make available to each resident or patient (or guardian) a statement of their rights with regard to such mechanisms along with identifying information on the appropriate protection and advocacy agencies, such information to be posted in the facility where the patients or residents can see and read it. Imposes certain recordkeeping and other reporting requirements with regard to uses of restraints and seclusion, including making available applicable medical record information to the appropriate protection and advocacy agencies for inspection and periodic reporting to the Secretary on the overall use of restraints and seclusion.
Requires the Secretary to compile and publish annually a comprehensive summary of the reports on sentinel events. Mandates sanctions for failure to report, which includes a civil money penalty for failure to file sentinel reports, and other specified violations, including those involving staff training.
|
{"src": "billsum_train", "title": "Patient Freedom from Restraint Act of 1999"}
| 2,827 | 442 | 0.680859 | 2.148899 | 0.735284 | 2.441096 | 6.860274 | 0.868493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Our Military Caregivers
Act''.
SEC. 2. EXTERNAL CLINICAL REVIEW OF DENIED APPLICATIONS BY CAREGIVERS
OF VETERANS.
(a) In General.--Section 1720G of title 38, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) External Clinical Review of Applications.--(1) Using amounts
otherwise appropriated to carry out this section, an individual may
elect to have an independent contractor described in paragraph (2)
perform an external clinical review of any of the following:
``(A) The denial by the Secretary of an application by an
individual to be a caregiver or family caregiver eligible for
the program of comprehensive assistance administered by the
Secretary pursuant to this section.
``(B) With respect to such an application that the
Secretary has granted, a determination by the Secretary of the
level or amount of personal care services that a veteran
requires.
``(C) A request by a caregiver or family caregiver for a
reconsideration of the level or amount of personal care
services that a veteran requires based on changes to the health
or abilities of the veteran occurring since the Secretary
granted such an application.
``(D) The revocation by the Secretary of assistance
administered by the Secretary pursuant to this section.
``(2) An independent contractor described in this paragraph is an
independent contractor that--
``(A) is awarded a contract by the Secretary to carry out
this section pursuant to full and open competition under the
Federal Acquisition Regulation;
``(B) has no direct or indirect financial relationship with
any non-Department provider of services to caregivers and
family caregivers pursuant to this title;
``(C) has not otherwise conducted an external clinical
review of benefits administered by the Secretary pursuant to
this title other than this section;
``(D) has sufficient training and expertise in medical
science and other appropriate health, educational, and
vocational training and legal matters to perform the reviews
described in paragraph (1); and
``(E) employs a panel of physicians or other appropriate
health care professionals who do not provide health care to the
individual who makes an election under paragraph (1).
``(3) Each external clinical review conducted pursuant to paragraph
(1) shall--
``(A) be based on applicable information included in the
application for assistance described in such paragraph,
including clinical expertise, medical, technical, and
scientific evidence;
``(B) include an opportunity for both the individual who
elects for such review and, to the extent possible, the veteran
for whom care is being provided to offer opinions and
supporting data as to the level of care required; and
``(C) include a review of the initial clinical review of
such veteran and any other review made by the Secretary.
``(4) In carrying out the external clinical reviews pursuant to
paragraph (1), the independent contractor shall, as determined
appropriate by the Secretary--
``(A) collect and maintain information required; and
``(B) share such information with the Secretary.
``(5) The Secretary shall take into account, but is not bound by,
any determination made by the independent contractor pursuant to
paragraph (1) in determining the final decision with respect to the
application for assistance. The Secretary may make a final decision
that is contrary to such a determination if the Secretary includes
clinically supported documentation with the decision.
``(6) The Secretary shall ensure that each external clinical review
conducted by the independent contractor pursuant to paragraph (1) is
completed and the Department is notified in writing of the results of
the review by not later than 120 days after the date on which the
individual makes the election under such paragraph. Not later than 30
days after the delivery of the determination recommended by the
independent contractors, the Secretary shall ensure that the veteran
and the individual making the election under such paragraph is notified
in writing of the final decision of the Secretary. In accordance with
paragraph (5), such notification shall include an explanation of the
recommended decision, a discussion of the facts and applicable
regulations, and an explanation of the clinical rationale for the final
decision.
``(7) The Secretary shall notify individuals who submit an
application to be a caregiver or family caregiver eligible for the
program of comprehensive assistance administered by the Secretary
pursuant to this section of the ability of the individual to make an
election under paragraph (1).
``(8) Nothing in this subsection may be construed to affect claims
made by veterans for disability compensation under chapter 11 of this
title.''.
(b) Application.--The amendments made by subsection (a) shall apply
with respect to elections under subsection (d) of section 1720G of
title 38, United States Code, as added by subsection (a)(2), that are
for applications or revocations for assistance for caregivers and
family caregivers pursuant to such section for which the Secretary of
Veterans Affairs has not made a final decision as of the date of the
enactment of this Act.
SEC. 3. PROCESS TO DETERMINE ELIGIBILITY FOR CAREGIVERS OF VETERANS.
(a) Directives.--The Secretary of Veterans Affairs shall issue
directives regarding the policies, procedures, and operational
requirements for the Family Caregiver Program, including with respect
to determining the eligibility of an individual to participate in the
Family Caregiver Program.
(b) GAO Report.--The Comptroller General of the United States shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the processes of the
Secretary of Veterans Affairs with respect to--
(1) determining the eligibility of an individual to
participate in the Family Caregiver Program;
(2) adjudicating appeals to such determinations; and
(3) the periodic eligibility reevaluation of an individual
participating in such program and the communication of any
changes as a result of such reevaluations to the veteran and
caregiver.
(c) Family Caregiver Program Defined.--In this section, the term
``Family Caregiver Program'' either the program of comprehensive
assistance for family caregivers or the program of general caregiver
support services established by section 1720G of title 38, United
States Code.
SEC. 4. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES.
Section 705 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as
follows:
``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
``The Secretary of Veterans Affairs shall ensure that the aggregate
amount of awards and bonuses paid by the Secretary in a fiscal year
under chapter 45 or 53 of title 5, United States Code, or any other
awards or bonuses authorized under such title or title 38, United
States Code, does not exceed the following amounts:
``(1) With respect to each of fiscal years 2017 through
2021, $230,000,000.
``(2) With respect to each of fiscal years 2022 through
2024, $360,000,000.''.
Passed the House of Representatives May 23, 2016.
Attest:
KAREN L. HAAS,
Clerk.
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Support Our Military Caregivers Act (Sec. 2) This bill permits an individual to elect to have an independent contractor perform an external clinical review of any of the following: a Department of Veterans Affairs (VA) denial of an individual's application to be a caregiver or family caregiver eligible for VA benefits; with respect to an approved application, a VA determination of the level or amount of personal care services that a veteran requires; a request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on post-application changes; and a revocation of benefits by the VA. The VA shall ensure that each external clinical review is completed and the individual is notified in writing of the results within 120 days of the election. (Sec. 3) The VA shall issue policy, procedural, and operational directives for the program of comprehensive assistance for family caregivers and the program of general caregiver support services, including with respect to eligibility. The Government Accountability Office must report on VA processes for making and adjudicating eligibility determinations. (Sec. 4) The bill amends the Veterans Access, Choice, and Accountability Act of 2014 to revise the limits on the aggregate amount of awards and bonuses payable to VA employees in each of FY2017-FY2021.
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{"src": "billsum_train", "title": "Support Our Military Caregivers Act"}
| 1,613 | 288 | 0.642612 | 1.854929 | 0.800535 | 4.161417 | 6.106299 | 0.877953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Part-Time Worker Bill of Rights Act
of 2013''.
SEC. 2. EXTENSION OF EMPLOYER HEALTH INSURANCE COVERAGE MANDATE TO
PART-TIME EMPLOYEES.
(a) Large Employers Not Offering Health Coverage.--
(1) In general.--Subsection (a) of section 4980H of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``full-time employees'' in
paragraph (1) and inserting ``employees'',
(B) by striking ``full-time employee'' in paragraph
(2) and inserting ``employee'', and
(C) by striking ``hereby imposed on the employer''
and all that follows and inserting ``hereby imposed on
the employer, with respect to each employee employed by
the employer during such month, an assessable payment
equal to the applicable payment amount with respect to
such employee.''.
(2) Proration of applicable payment amount for part-time
employees.--Paragraph (1) of section 4980H(c) of such Code is
amended to read as follows:
``(1) Applicable payment amount.--The term `applicable
payment amount' means, with respect to any employee for any
month--
``(A) in the case of a full-time employee, \1/12\
of $2,000, and
``(B) in the case of any other employee, the amount
which bears the same ratio to the amount determined
under subparagraph (A) as--
``(i) the average hours of service per week
of such employee for such month, bears to
``(ii) 30.''.
(b) Large Employers Offering Coverage With Employees Who Qualify
for Premium Tax Credits or Cost-Sharing Reductions.--
(1) In general.--Paragraph (1) of section 4980H(b) of such
Code is amended--
(A) by striking ``full-time employees'' each place
it appears in subparagraphs (A) and (B) and inserting
``employees'', and
(B) by striking ``hereby imposed on the employer''
and all that follows and inserting ``hereby imposed on
the employer, with respect to each employee described
in subparagraph (B) for such month, an assessable
payment equal to \1/12\ of $3,000.''.
(2) Proration for part-time employees.--Subsection (b) of
section 4980H of such Code is amended by adding at the end the
following new paragraph:
``(3) Proration for part-time employees.--In the case of
any employee other than a full-time employee, paragraph (1)
shall be applied by substituting for `$3,000' the dollar amount
which bears the same ratio to $3,000 as--
``(A) the average hours of service per week of such
employee for the month with respect to which such
paragraph applies, bears to
``(B) 30.''.
(3) Application of overall limitation.--Paragraph (2) of
section 4980H(b) of such Code is amended to read as follows:
``(2) Overall limitation.--The aggregate amount of tax
determined under paragraph (1) with respect to any applicable
large employer for any month shall not exceed the aggregate
amount of tax which would have been determined under subsection
(a) with respect to such employer for such month if such
employer were described in subsection (a)(1).''.
(c) Application of Hours of Service Rules.--Subparagraph (B) of
section 4980H(c)(4) of such Code is amended by striking ``for the
application of this paragraph to'' and inserting ``with respect to''.
(d) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2013.
SEC. 3. ELIMINATION OF HOURS OF SERVICE REQUIREMENT FOR FMLA LEAVE.
(a) Amendment.--Section 101(2)(A) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611(2)(A)) is amended to read as follows:
``(A) In general.--The term `eligible employee'
means an employee who has been employed, either as a
full-time or part-time employee, for at least 12 months
by the employer with respect to whom leave is requested
under section 102.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect beginning on the date that is one year after the date of
enactment of this Act.
SEC. 4. TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER
PARTICIPATION, VESTING, AND ACCRUAL RULES GOVERNING
PENSION PLANS.
(a) Participation Rules.--
(1) In general.--Section 202(a)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3))
is amended by adding at the end the following new subparagraph:
``(E)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the 12-month period referred to in
subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(2) Conforming amendment.--Section 204(b)(1)(E) of such Act
(29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section
202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of
section 202(a)(3)''.
(b) Vesting Rules.--
(1) In general.--Section 203(b)(2) of such Act (29 U.S.C.
1053(b)(2)) is amended by adding at the end the following new
subparagraph:
``(E)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(2) 1-year breaks in service.--Section 203(b)(3) of such
Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end the
following new subparagraph:
``(F)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 250 hours of service within such period shall be treated
as completion of 500 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(c) Accrual Rules.--Section 204(b)(4)(C) of such Act (29 U.S.C.
1054(b)(4)(C)) is amended--
(1) by inserting ``(i)'' after ``(C)''; and
(2) by adding at the end the following new clauses:
``(ii) For purposes of this subparagraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to clause (i)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(iii) For purposes of clause (ii), the extent to which employment
in any type of position customarily constitutes less than 1,000 hours
of service per year shall be determined with respect to each pension
plan in accordance with such regulations as the Secretary may prescribe
providing for consideration of facts and circumstances peculiar to the
work-force constituting the participants in such plan.''.
(d) Effective Dates.--
(1) In general.--Except as provided in subsection (b), the
amendments made by this section shall apply with respect to
plan years beginning on or after the date that is one year
after the date of the enactment of this Act.
(2) Special rule for collectively bargained plans.--In the
case of a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified on or before the date of the enactment
of this Act, the amendments made by this section shall not
apply to plan years beginning before the later of--
(A) the earlier of--
(i) the date on which the last of the
collective bargaining agreements relating to
the plan terminates (determined without regard
to any extension thereof agreed to after the
date of the enactment of this Act); or
(ii) the date that is 3 years after the
date of the enactment of this Act; or
(B) the date that is 1 year after the date of the
enactment of this Act.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by this section shall not be treated as a termination of
such collective bargaining agreement.
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Part-Time Worker Bill of Rights Act of 2013 - Amends the Internal Revenue Code to extend the large employer health insurance coverage mandate to part-time employees (as well as full-time employees, currently covered). Amends the Family and Medical Leave Act of 1993 to make an employee eligible for coverage under such Act if that employee has been employed for at least 12 months by a covered employer with respect to whom such leave is requested. (Eliminates the requirement, under current law, that the employee have served at least 1,250 hours during the 12-month period before the leave request.) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require that certain employees working at less than full-time under participation, vesting, and accrual rules governing pension plans be treated as meeting full-time year-of-service criteria. Qualifies such workers for group health plans. Extends ERISA coverage to certain individuals whose services are leased or contracted for.
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{"src": "billsum_train", "title": "Part-Time Worker Bill of Rights Act of 2013"}
| 2,601 | 214 | 0.509162 | 1.319953 | 0.644623 | 3.005348 | 12.096257 | 0.84492 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technologies for Energy Jobs and
Security Act of 2017''.
SEC. 2. EXTENSION AND PHASEOUT OF RESIDENTIAL ENERGY EFFICIENT
PROPERTY.
(a) Extension.--Section 25D(h) of the Internal Revenue Code of 1986
is amended by striking ``December 31, 2016 (December 31, 2021, in the
case of any qualified solar electric property expenditures and
qualified solar water heating property expenditures)'', and inserting
``December 31, 2021''.
(b) Phaseout.--
(1) In general.--Paragraphs (3), (4), and (5) of section
25D(a) of the Internal Revenue Code of 1986 are amended by
striking ``30 percent'' each place it appears and inserting
``the applicable percentage''.
(2) Conforming amendment.--Section 25D(g) of the Internal
Revenue Code of 1986 is amended by striking ``paragraphs (1)
and (2) of''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2017.
SEC. 3. EXTENSION AND PHASEOUT OF ENERGY CREDIT.
(a) Credit Percentage for Geothermal Energy Property.--Section
48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by
striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (iii) of
paragraph (3)(A)''.
(b) Extension of Solar and Thermal Energy Property.--Section
48(a)(3)(A) of the Internal Revenue Code of 1986 is amended--
(1) in clause (ii) by striking ``periods ending before
January 1, 2017'' and inserting ``property the construction of
which begins before January 1, 2022''; and
(2) in clause (vii) by striking ``periods ending before
January 1, 2017'' and inserting ``property the construction of
which begins before January 1, 2022''.
(c) Phaseout of 30-Percent Credit Rate for Geothermal Energy
Property.--Section 48(a)(6) of the Internal Revenue Code of 1986 is
amended--
(1) in the heading, by inserting ``and geothermal'' after
``solar'';
(2) in subparagraph (A), by striking ``paragraph
(3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph
(3)(A)''; and
(3) in subparagraph (B), by striking ``property energy
property described in paragraph (3)(A)(i)'' and inserting
``energy property described in clause (i) or (iii) of paragraph
(3)(A)''.
(d) Phaseout of 30-Percent Credit Rate for Fiber-Optic Solar,
Qualified Fuel Cell, and Qualified Small Wind Energy Property.--
(1) In general.--Section 48(a) of the Internal Revenue Code
of 1986 is amended by adding the following:
``(7) Phaseout for fiber-optic solar, qualified fuel cell,
and qualified small wind energy property.--In the case of any
energy property described in paragraph (3)(A)(ii), qualified
fuel cell property, or qualified small wind property, the
energy percentage determined under paragraph (2) shall be equal
to--
``(A) in the case of any property the construction
of which begins after December 31, 2019, and before
January 1, 2021, 26 percent, and
``(B) in the case of any property the construction
of which begins after December 31, 2020, and before
January 1, 2022, 22 percent.''.
(2) Conforming amendment.--Section 48(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking
``paragraph (6)'' and inserting ``paragraphs (6) and (7)''.
(e) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D)
of the Internal Revenue Code of 1986 is amended by striking ``for any
period after December 31, 2016'' and inserting ``the construction of
which does not begin before January 1, 2022''.
(f) Extension of Qualified Microturbine Property.--Section
48(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking
``for any period after December 31, 2016'' and inserting ``the
construction of which does not begin before January 1, 2022''.
(g) Extension of Combined Heat and Power System Property.--Section
48(c)(3)(A)(iv) of the Internal Revenue Code of 1986 is amended by
striking ``which is placed in service before January 1, 2017'' and
inserting ``the construction of which begins before January 1, 2022''.
(h) Extension of Qualified Small Wind Energy Property.--Section
48(c)(4)(C) of the Internal Revenue Code of 1986 is amended by striking
``for any period after December 31, 2016'' and inserting ``the
construction of which does not begin before January 1, 2022''.
(i) Effective Date.--The amendments made by this section shall take
effect on January 1, 2017.
SEC. 4. WASTE HEAT TO POWER PROPERTY.
(a) In General.--
(1) Introduction of waste to heat power energy property.--
Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is
amended--
(A) at the end of clause (vi) by striking ``or'';
and
(B) at the end of clause (vii) by inserting ``or''
after the comma; and
(C) by adding the following:
``(viii) waste heat to power property,''.
(2) Definitions and limitations.--Section 48(c) of the
Internal Revenue Code of 1986 is amended by adding the
following:
``(5) Waste heat to power property.--
``(A) In general.--The term `waste heat to power
property' means property--
``(i) comprising a system which generates
electricity through the recovery of a qualified
waste heat resource, and
``(ii) the construction of which begins
before January 1, 2022.
``(B) Qualified waste heat resource.--The term
`qualified waste heat resource' means--
``(i) exhaust heat or flared gas from an
industrial process that does not have, as its
primary purpose, the production of electricity,
and
``(ii) a pressure drop in any gas for an
industrial or commercial process.
``(C) Limitations.--
``(i) In general.--For purposes of
subsection (a)(1), the basis of any waste heat
to power property taken into account under this
section shall not exceed the excess of--
``(I) the basis of such property,
over
``(II) the fair market value of
comparable property which does not have
the capacity to capture and convert a
qualified waste heat resource to
electricity.
``(ii) Capacity limitation.--The term
`waste heat to power property' shall not
include any property comprising a system if
such system has a capacity in excess of 50
megawatts.''.
(b) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2016, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
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Technologies for Energy Jobs and Security Act of 2017 This bill amends the Internal Revenue Code to extend and modify tax credits for residential energy efficient property and investments in energy property. The bill modifies the tax credit for residential energy efficient property to extend through 2021 the credits for expenditures for fuel cell property, small wind energy property, and geothermal heat pump property. For each extended credit, the bill phases out the current credit rate of 30% of expenditures by reducing it to 26% or 22%, depending on the date that the property is placed in service. The bill extends the tax credit for investments in energy property for the following property with construction that begins before January 1, 2022: fiber-optic solar energy property, thermal energy property. fuel cell property, microturbine property, combined heat and power system property, and small wind energy property. The bill phases out the current credit rate of 30% for investments in geothermal energy property, fiber-optic solar energy property, fuel cell property, and small wind energy property by reducing it to 26% or 22%, depending on the date that the property is placed in service. The bill also allows an energy tax credit through 2021 for investment in waste heat to power property that does not have a capacity in excess of 50 megawatts. "Waste heat to power property" is property comprising a system which generates electricity through the recovery of a qualified waste heat resource.
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{"src": "billsum_train", "title": "Technologies for Energy Jobs and Security Act of 2017"}
| 1,742 | 304 | 0.588152 | 1.682174 | 0.7454 | 2.150877 | 5.245614 | 0.803509 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Loophole Closing Act of
2009''.
SEC. 2. GUN SHOW BACKGROUND CHECK.
(a) Findings.--The Congress finds that--
(1) approximately 5,200 traditional gun shows are held
annually across the United States, attracting thousands of
attendees per show and hundreds of Federal firearms licensees
and unlicensed firearms sellers; and
(2) gun shows at which firearms are exhibited or offered
for sale or exchange provide a convenient and centralized
commercial location where criminals and other prohibited
persons obtain firearms without background checks and without
records that enable firearm tracing.
(b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) Gun Show.--The term `gun show'--
``(A) means any event at which 50 or more firearms are
offered or exhibited for sale, exchange, or transfer, if 1 or
more of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce;
``(B) does not include an offer or exhibit of firearms for
sale, exchange, or transfer by an individual from the personal
collection of that individual, at the private residence of that
individual, if the individual is not required to be licensed
under section 923; and
``(C) does not include an offer or exhibit of firearms for
sale, exchange, or transfer at events--
``(i) where not more than 100 firearms are offered
or exhibited for sale, exchange or transfer;
``(ii) that are conducted by private, not-for-
profit organizations whose primary purpose is owning
and maintaining real property for the purpose of
hunting activities; and
``(iii) that are attended only by permanent or
annual dues-paying members of the organizations, and
the members of the immediate families of the dues-
paying members.
``(37) Gun Show Vendor.--The term `gun show vendor' means a person
who is not licensed under section 923 and who exhibits, sells, offers
for sale, transfers, or exchanges a firearm at a gun show, regardless
of whether or not the person arranges with the gun show operator for a
fixed location from which to exhibit, sell, offer for sale, transfer,
or exchange the firearm.''.
(c) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of such title is amended by
adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Operators.--It shall be unlawful for
a person to operate a gun show, unless--
``(1) the person has attained 21 years of age;
``(2) the person (and, if the person is a corporation,
partnership, or association, each individual possessing,
directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation,
partnership, or association) is not prohibited by subsection
(g) or (n) of section 922 from transporting, shipping, or
receiving firearms or ammunition in interstate or foreign
commerce;
``(3) the person has not willfully violated any provision
of this chapter or regulation issued under this chapter;
``(4) the person has registered with the Attorney General
as a gun show operator, in accordance with regulations
promulgated by the Attorney General, and as part of the
registration--
``(A) has provided the Attorney General with a
photograph and the fingerprints of the person; and
``(B) has certified that the person meets the
requirements of subparagraphs (A) through (D) of
section 923(d)(1);
``(5) the person has not willfully failed to disclose any
material information required, and has not made any false
statement as to any material fact, in connection with the
registration; and
``(6) the person has paid the Attorney General a fee for
the registration, in an amount determined by the Attorney
General.
``(b) Responsibilities of Gun Show Operators.--
``(1) In general.--It shall be unlawful for a person to
operate a gun show, unless the person--
``(A) not later than 30 days before the
commencement of the gun show, notifies the Attorney
General, in writing, of the date, time, duration, and
location of the gun show, and the identity of each
person who will be a gun show vendor at the gun show;
``(B) before commencement of the gun show--
``(i) verifies the identity of each
individual who will be a gun show vendor at the
gun show by examining a valid identification
document (as defined in section 1028(d)(3)) of
the individual containing a photograph of the
individual; and
``(ii) requires each such individual to
sign--
``(I) a ledger, and enter into the
ledger identifying information
concerning the individual; and
``(II) a notice which sets forth
the obligations of a gun show vendor
under this chapter; and
``(C) notifies each person who attends the gun show
of the requirements of this chapter, in accordance with
such regulations as the Attorney General shall
prescribe.
``(2) Recordkeeping.--A person who operates, or has
operated, a gun show shall maintain records demonstrating
compliance with paragraph (1)(B), at such place, for such
period of time, and in such form as the Attorney General shall
require by regulation, or transmit the records to the Attorney
General.
``(c) Background Check Required Before Transfer of Firearm Between
Unlicensed Persons.--It shall be unlawful for a person who is not
licensed under this chapter to transfer possession of, or title to, a
firearm at, or on the curtilage of, a gun show, to another person who
is not so licensed, or for a person who is not so licensed to receive
possession of, or title to, a firearm at, or on the curtilage of, a gun
show from another person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer--
``(1) has entered into a separate bound record the make,
model, and serial number of the firearm, and such other
information about the transaction as the Attorney General may
require by regulation; and
``(2) has notified the prospective transferor and
prospective transferee of the firearm that the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act has provided the
licensee with a unique identification number, indicating that
receipt of the firearm by the prospective transferee would not
violate section 922 of this title or State law.
``(d) Recordkeeping Requirements.--
``(1) In general.--A licensee who provides a notice
pursuant to subsection (c)(2) with respect to the transfer of a
firearm shall--
``(A) not later than 10 days after the date of the
transfer, submit to the Attorney General a report of
the transfer, which report shall specify the make,
model, and serial number of the firearm, and contain
such other information and be on such form, as the
Attorney General shall require by regulation, except
that the report shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
and
``(B) retain a record of the transfer, including
the same information as would be required if the
transfer were from the inventory of the licensee, as
part of the permanent business records of the licensee.
``(2) Limitation.--The Attorney General may not impose any
recordkeeping requirement on any gun show vendor by reason of
this section.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8)(A) Whoever knowingly violates subsection (a) or (d) of
section 932 shall be fined under this title, imprisoned not more than 5
years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
932, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
fined under this title, imprisoned not more than 5 years, or
both.
``(C) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person who
knowingly violates any provision of section 932--
``(i) if the person is registered pursuant to section
932(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 932(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Clerical amendment.--The table of contents for chapter
44 of such title is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows.''.
(d) Inspection Authority.--Section 923(g)(1) of such title is
amended by adding at the end the following:
``(E) Notwithstanding subparagraph (B) of this
paragraph, the Attorney General may enter during
business hours any place where a gun show operator
operates a gun show or is required to maintain records
pursuant to section 932(b)(2), for purposes of
examining the records required by sections 923 and 932
and the inventory of licensees conducting business at
the gun show. The entry and examination shall be
conducted for the purposes of determining compliance
with this chapter by gun show operators and licensees
conducting business at the gun show, and shall not
require a showing of reasonable cause or a warrant.''.
(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.--
Section 923(g)(3)(A) of such title is amended by inserting ``or
provides pursuant to section 932(c)(2) notice with respect to,'' after
``sells or otherwise disposes of,''.
(f) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of such title is amended to read as
follows:
``(3)(A) Except as provided in subparagraph (B), any
licensed dealer, licensed importer, licensed manufacturer, or
licensed collector who knowingly makes any false statement or
representation with respect to the information required by this
chapter to be kept in the records of a person licensed under
this chapter, or violates section 922(m), shall be fined under
this title, imprisoned not more than 1 year, or both.
``(B) If the violation described in subparagraph (A) is in
relation to an offense--
``(i) under paragraph (1) or (3) of section 922(b),
such person shall be fined under this title, imprisoned
not more than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section
922, such person shall be fined under this title,
imprisoned not more than 10 years, or both.''.
(g) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a)(5) of such title is
amended--
(A) by striking ``subsection (s) or (t) of section
922'' and inserting ``section 922(t)''; and
(B) by striking ``1'' and inserting ``5''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of such title is amended by striking ``and, at the
time'' and all that follows through ``State law''.
(h) Authority To Hire Personnel To Inspect Gun Shows.--The Director
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at
least 40 additional Industry Operations Investigators for the purpose
of carrying out inspections of gun shows (as defined in section
921(a)(36) of title 18, United States Code).
(i) Report to the Congress.--The Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives shall submit biennial reports to the
Congress on how firearms (as defined in section 921(a)(3) of title 18,
United States Code) are sold at gun shows (as defined in paragraph (36)
of such section), how this section is being carried out, whether
firearms are being sold without background checks conducted by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act, what
resources are needed to carry out this section, and any recommendations
for improvements to ensure that firearms are not sold without the
background checks.
(j) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
|
Gun Show Loophole Closing Act of 2009 - Amends the federal criminal code to make it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Attorney General as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show.
Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records.
Grants the Attorney General authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act.
Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements.
Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.
|
{"src": "billsum_train", "title": "To require criminal background checks on all firearms transactions occurring at gun shows."}
| 2,973 | 289 | 0.547879 | 1.66239 | 0.694032 | 3.405405 | 10.432432 | 0.942085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Human Rights Accountability
Act of 2012''.
SEC. 2. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE
FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
CITIZENS OF SYRIA OR THEIR FAMILY MEMBERS.
(a) In General.--The President shall impose sanctions described in
subsection (c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Are Responsible for or Complicit in Certain
Human Rights Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons who are
officials of the Government of Syria or persons acting on
behalf of that Government that the President determines, based
on credible evidence, are responsible for or complicit in, or
responsible for ordering, controlling, or otherwise directing,
the commission of serious human rights abuses against citizens
of Syria or their family members, regardless of whether such
abuses occurred in Syria.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(3) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider credible data
already obtained by other countries and nongovernmental
organizations, including organizations in Syria, that monitor
the human rights abuses of the Government of Syria.
(c) Sanctions Described.--The sanctions described in this
subsection are ineligibility for a visa to enter the United States and
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), including blocking of property and
restrictions or prohibitions on financial transactions and the
exportation and importation of property, subject to such regulations as
the President may prescribe, including regulatory exceptions to permit
the United States to comply with the Agreement between the United
Nations and the United States of America regarding the Headquarters of
the United Nations, signed June 26, 1947, and entered into force
November 21, 1947, and other applicable international obligations.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO
COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The President shall impose sanctions described in
section 2(c) with respect to--
(1) each person on the list required by subsection (b); and
(2) any person that--
(A) is a successor entity to a person on the list;
(B) owns or controls a person on the list, if the
person that owns or controls the person on the list had
actual knowledge or should have known that the person
on the list engaged in the activity described in
subsection (b)(2) for which the person was included in
the list; or
(C) is owned or controlled by, or under common
ownership or control with, the person on the list, if
the person owned or controlled by, or under common
ownership or control with (as the case may be), the
person on the list knowingly engaged in the activity
described in subsection (b)(2) for which the person was
included in the list.
(b) List.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this paragraph if the person--
(i) transfers, or facilitates the transfer
of, goods or technologies described in
subparagraph (C) to Syria; or
(ii) provides services with respect to
goods or technologies described in subparagraph
(C) after such goods or technologies are
transferred to Syria.
(B) Applicability to contracts and other
agreements.--A person engages in an activity described
in subparagraph (A) without regard to whether the
activity is carried out pursuant to a contract or other
agreement entered into before, on, or after the date of
the enactment of this Act.
(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are goods
or technologies that the President determines are
likely to be used by the Government of Syria or any of
its agencies or instrumentalities to commit human
rights abuses against the people of Syria, including--
(i) firearms or ammunition (as those terms
are defined in section 921 of title 18, United
States Code), rubber bullets, police sticks,
mace, stun grenades, tasers or other
electroshock weapons, tear gas, water cannons,
or surveillance technology; or
(ii) sensitive technology (as defined in
section 5(c)).
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required by paragraph (1) if the President
certifies in writing to the appropriate congressional
committees that--
(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
(B) the President has received reliable assurances
that the person will not knowingly engage in any
activity described in paragraph (2) in the future.
(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(5) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP IN SYRIA.
(a) In General.--The President shall impose sanctions described in
section 2(c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Engage in Censorship.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have engaged in censorship, or activities
relating to censorship, in a manner that prohibits, limits, or
penalizes the legitimate exercise of freedom of expression by
citizens of Syria.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(3) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
SEC. 5. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS THAT EXPORT
SENSITIVE TECHNOLOGY TO SYRIA AND THEIR AFFILIATES.
(a) In General.--Except as provided in subsection (b), and pursuant
to such regulations as the President may prescribe, the head of an
executive agency may not enter into or renew a contract, on or after
the date that is 90 days after the date of the enactment of this Act,
for the procurement of goods or services with--
(1) a person that exports sensitive technology to Syria; or
(2) any person that--
(A) is a successor entity to a person referred to
in paragraph (1);
(B) owns or controls a person referred to in
paragraph (1), if the person that owns or controls the
person referred to in paragraph (1) has actual
knowledge or should know that the person referred to in
paragraph (1) exports sensitive technology to Syria; or
(C) is owned or controlled by, or under common
ownership or control with, a person referred to in
paragraph (1), if the person owned or controlled by, or
under common ownership or control with (as the case may
be), the person referred to in paragraph (1) knowingly
engages in the exportation by the person referred to in
paragraph (1) of sensitive technology to Syria.
(b) Authorization To Exempt Certain Products.--The President is
authorized to exempt from the prohibition under subsection (a) only
eligible products, as defined in section 308(4) of the Trade Agreements
Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or
instrumentality designated under section 301(b) of that Act (19 U.S.C.
2511(b)).
(c) Sensitive Technology Defined.--
(1) In general.--The term ``sensitive technology'' means
hardware, software, telecommunications equipment, or any other
technology, that the President determines is to be used
specifically--
(A) to restrict the free flow of unbiased
information in Syria; or
(B) to disrupt, monitor, or otherwise restrict
speech of the people of Syria.
(2) Exception.--The term ``sensitive technology'' does not
include information or informational materials the exportation
of which the President does not have the authority to regulate
or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(d) Special Rule To Allow for Termination of Sanctionable
Activity.--The prohibition in subsection (a) shall not apply with
respect to a person described in paragraph (1) or (2) of subsection (a)
if the President certifies in writing to the appropriate congressional
committees that--
(1) the person described in paragraph (1) of that
subsection is no longer engaging in, or has taken significant
verifiable steps toward stopping, exporting sensitive
technology to Syria; and
(2) the President has received reliable assurances that
that person will not knowingly export sensitive technology to
Syria in the future.
SEC. 6. WAIVER.
The President may waive the requirement to include a person on a
list required by section 2, 3, or 4 or to impose sanctions pursuant to
any such section, or the application of section 5(a), if the
President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
report on the reasons for that determination.
SEC. 7. TERMINATION.
(a) In General.--The provisions of this Act and any sanctions
imposed pursuant to this Act shall terminate on the date on which the
President submits to the appropriate congressional committees--
(1) the certification described in subsection (b); and
(2) a certification that--
(A) the Government of Syria is democratically
elected and representative of the people of Syria; or
(B) a legitimate transitional government of Syria
is in place.
(b) Certification Described.--A certification described in this
subsection is a certification by the President that the Government of
Syria--
(1) has unconditionally released all political prisoners;
(2) has ceased its practices of violence, unlawful
detention, torture, and abuse of citizens of Syria engaged in
peaceful political activity;
(3) has ceased its practice of procuring sensitive
technology designed to restrict the free flow of unbiased
information in Syria, or to disrupt, monitor, or otherwise
restrict the right of citizens of Syria to freedom of
expression;
(4) has ceased providing support for foreign terrorist
organizations and no longer allows such organizations,
including Hamas, Hezbollah, and Palestinian Islamic Jihad, to
maintain facilities in territory under the control of the
Government of Syria;
(5) has ceased the development and deployment of medium-
and long-range surface-to-surface ballistic missiles;
(6) is not pursuing or engaged in the research,
development, acquisition, production, transfer, or deployment
of biological, chemical, or nuclear weapons, and has provided
credible assurances that it will not engage in such activities
in the future; and
(7) has agreed to allow the United Nations and other
international observers to verify that the Government of Syria
is not engaging in such activities and to assess the
credibility of the assurances provided by that Government.
(c) Suspension of Sanctions After Election of Democratic
Government.--If the President submits to the appropriate congressional
committees the certification described in subsection (a)(2), the
President may suspend the provisions of this Act and any sanctions
imposed under this Act for not more than one year to allow time for a
certification described in subsection (b) to be submitted.
SEC. 8. RECORDKEEPING.
The President may prescribe such regulations requiring
recordkeeping, reporting, and production of documents as the President
determines appropriate to carry out this Act.
SEC. 9. DEFINITIONS.
In this Act, the terms ``appropriate congressional committees'' and
``knowingly'' have the meanings given those terms in section 14 of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
|
Syria Human Rights Accountability Act of 2012 - Directs the President to submit, and update every 180 days and as new information becomes available, the following lists to Congress: (1) Syrian government officials or persons acting on behalf of that government who are responsible for or complicit in the commission of serious human rights abuses against Syrian citizens or their family members, regardless of whether such abuses occurred in Syria; (2) persons who knowingly transfer or facilitate the transfer of goods or technologies (weapons, surveillance technology, or sensitive technology) that are likely to be used by Syria to commit human rights abuses against the Syrian people; and (3) persons who engage in censorship that prohibits, limits, or penalizes the legitimate exercise of freedom of expression by Syrian citizens.
Directs the President to impose specified property and finance-related sanctions on such listed persons and make them ineligible for U.S. entry.
Authorizes the President to waive the listing of a person or the imposition of sanctions if in the U.S. national security interest.
Prohibits the head of a federal agency from entering into or renewing a contract for the procurement of goods or services with a person (or a person owning or controlling such person) that exports sensitive technology to Syria. Authorizes the President to exempt certain products from such prohibition.
Defines "sensitive technology" as hardware, software, telecommunications equipment, or any other technology that is used to: (1) restrict the free flow of unbiased information in Syria; or (2) disrupt, monitor, or otherwise restrict the speech of the Syrian people.
|
{"src": "billsum_train", "title": "A bill to impose sanctions with respect to human rights abuses committed against the people of Syria, and for other purposes."}
| 3,201 | 341 | 0.643222 | 2.072732 | 0.766817 | 3.49835 | 9.693069 | 0.884488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Counter Hearing Aid Act of
2016''.
SEC. 2. REGULATION OF OVER-THE-COUNTER HEARING AIDS.
(a) In General.--Section 520 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j) is amended by adding at the end the
following:
``(o) Regulation of Over-the-Counter Hearing Aids.--
``(1) Definition.--In this subsection, the term `over-the-
counter hearing aid' means a device--
``(A) that uses the same fundamental scientific
technology as air conduction hearing aids (as defined
in section 874.3300 of title 21, Code of Federal
Regulations) (or any successor regulation) or wireless
air conduction hearing aids (as defined in section
874.3305 of title 21, Code of Federal Regulations) (or
any successor regulation);
``(B) that is intended to be used by adults to
compensate for perceived mild to moderate hearing
impairment;
``(C) that includes tools to allow the user to
control the over-the-counter hearing aid and customize
it to the user's hearing needs;
``(D) that may--
``(i) use wireless technology; or
``(ii) include tests for self-assessment of
hearing loss; and
``(E) that is available over-the-counter, without
the supervision, prescription, or other order,
involvement, or intervention of a licensed person, to
consumers through in-person transactions, by mail, or
online.
``(2) Regulation.--An over-the-counter hearing aid shall be
subject to the regulations promulgated in accordance with
section 2(b) of the Over-the-Counter Hearing Aid Act of 2016
and shall be exempt from sections 801.420 and 801.421 of title
21, Code of Federal Regulations (or any successor
regulations).''.
(b) Regulations To Establish Category.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), not later
than 3 years after the date of enactment of this Act, shall
promulgate proposed regulations to establish a category of
over-the-counter hearing aids, as defined in subsection (o) of
section 520 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360j) as amended by subsection (a), and, not later than
180 days after the date on which the proposed regulations are
issued, shall issue such final regulations.
(2) Requirements.--In promulgating the regulations under
paragraph (1), the Secretary shall--
(A) include requirements that provide reasonable
assurances of the safety and efficacy of over-the-
counter hearing aids, such as appropriate consumer
labeling; and
(B) describe the requirements under which the sale
of over-the-counter hearing aids is permitted, without
the supervision, prescription, or other order,
involvement, or intervention of a licensed person, to
consumers through in-person transactions, by mail, or
online.
(3) Premarket notification.--The Secretary shall make
findings under section 510(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(m)) to determine whether over-the-
counter hearing aids (as defined in section 520(o) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), as
amended by subsection (a)) require a report under section
510(k) to provide reasonable assurance of safety and
effectiveness.
(4) Effect on state law.--No State or local government
shall establish or continue in effect any law, regulation,
order, or other requirement related to the manufacturing,
marketing, sale, customer support, or distribution of over-the-
counter hearing aids (as defined in section 520(o) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), as
amended by subsection (a)) through in-person transactions, by
mail, or online, that is different from, in addition to, or
otherwise not identical to, the regulations promulgated under
this subsection.
(c) Guidance.--
(1) Withdrawal of guidance.--
(A) Withdrawal.--Effective as of the date of
enactment of this Act, the Secretary shall not use the
draft guidance of the Department of Health and Human
Services entitled, ``Regulatory Requirements for
Hearing Aid Devices and Personal Sound Amplification
Products'', issued on November 7, 2013, as the basis
for any premarket review under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.) or for any
related compliance or enforcement decisions or actions.
(B) Interim guidance.--Until such time as new final
guidance is issued under paragraph (2) to replace the
guidance described in subparagraph (A), the draft
guidance entitled ``Guidance for Industry and FDA
Staff: Regulatory Requirements for Hearing Aid Devices
and Personal Sound Amplification Products,'' issued on
February 25, 2009, shall be in effect.
(2) New guidance issued.--Not later than the date on which
final regulations are issued under subsection (b), the
Secretary shall update the draft guidance described in
paragraph (1)(A). Such updated guidance shall clarify which
products, on the basis of claims or other marketing,
advertising, or labeling material, meet the definition of a
device, as defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) and which products meet the
definition of a personal sound amplification product, as set
forth in such guidance.
|
Over-the-Counter Hearing Aid Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must provide reasonable assurances of safety and efficacy and describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. State and local governments may not establish or continue in effect requirements for over-the-counter hearing aids that are not identical to FDA requirements. Until the FDA updates its draft guidance regarding hearing aids, previous draft guidance is in effect.
|
{"src": "billsum_train", "title": "Over-the-Counter Hearing Aid Act of 2016"}
| 1,288 | 158 | 0.547844 | 1.387903 | 0.716241 | 3.671429 | 8.357143 | 0.9 |
SECTION 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER
ENVIRONMENT COOPERATION AGREEMENT.
(a) In General.--Part 2 of subtitle D of title V of Public Law 103-
182 (22 U.S.C. 290m--290m-3) is amended by adding at the end the
following:
``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER
ENVIRONMENT COOPERATION AGREEMENT.
``The President may agree to amendments to the Cooperation
Agreement that--
``(1) enable the Bank to make grants and nonmarket rate
loans out of its paid-in capital resources with the approval of
its Board; and
``(2) amend the definition of `border region' to include
the area in the United States that is within 100 kilometers of
the international boundary between the United States and
Mexico, and the area in Mexico that is within 300 kilometers of
the international boundary between the United States and
Mexico.''.
(b) Clerical Amendment.--Section 1(b) of such public law is amended
in the table of contents by inserting after the item relating to
section 544 the following:
``Sec. 545. Authority to agree to certain amendments to the Border
Environment Cooperation Agreement.''.
SEC. 2. ANNUAL REPORT.
The Secretary of the Treasury shall submit annually to the
Committee on Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate a written report on the
North American Development Bank, which addresses the following issues:
(1) The number and description of the projects that the
North American Development Bank has approved. The description
shall include the level of market-rate loans, non-market-rate
loans, and grants used in an approved project, and a
description of whether an approved project is located within
100 kilometers of the international boundary between the United
States and Mexico or within 300 kilometers of the international
boundary between the United States and Mexico.
(2) The number and description of the approved projects in
which money has been dispersed.
(3) The number and description of the projects which have
been certified by the Border Environment Cooperation
Commission, but yet not financed by the North American
Development Bank, and the reasons that the projects have not
yet been financed.
(4) The total of the paid-in capital, callable capital, and
retained earnings of the North American Development Bank, and
the uses of such amounts.
(5) A description of any efforts and discussions between
the United States and Mexican governments to expand the type of
projects which the North American Development Bank finances
beyond environmental projects.
(6) A description of any efforts and discussions between
the United States and Mexican governments to improve the
effectiveness of the North American Development Bank.
(7) The number and description of projects authorized under
the Water Conservation Investment Fund of the North American
Development Bank.
SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION FOR
TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE LOWER
RIO GRANDE RIVER VALLEY.
(a) Findings.--The Congress finds that--
(1) Texas irrigators and agricultural producers are
suffering enormous hardships in the lower Rio Grande River
valley because of Mexico's failure to abide by the 1944 Water
Treaty entered into by the United States and Mexico;
(2) over the last 10 years, Mexico has accumulated a
1,500,000-acre fee water debt to the United States which has
resulted in a very minimal and inadequate irrigation water
supply in Texas;
(3) recent studies by Texas A&M University show that water
savings of 30 percent or more can be achieved by improvements
in irrigation system infrastructure such as canal lining and
metering;
(4) on August 20, 2002, the Board of the North American
Development Bank agreed to the creation in the Bank of a Water
Conservation Investment Fund, as required by Minute 308 to the
1944 Water Treaty, which was an agreement signed by the United
States and Mexico on June 28, 2002; and
(5) the Water Conservation Investment Fund of the North
American Development Bank stated that up to $80,000,000 would
be available for grant financing of water conservation
projects, which grant funds would be divided equally between
the United States and Mexico.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) water conservation projects are eligible for funding
from the North American Development Bank under the Agreement
Between the Government of the United States of America and the
Government of the United Mexican States Concerning the
Establishment of a Border Environment Cooperation Commission
and a North American Development Bank; and
(2) the Board of the North American Development Bank should
support qualified water conservation projects which can assist
Texas irrigators and agricultural producers in the lower Rio
Grande River Valley.
SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION IN THE
SOUTHERN CALIFORNIA AREA.
It is the sense of the Congress that the Board of the North
American Development Bank should support--
(1) the development of qualified water conservation
projects in southern California and other eligible areas in the
4 United States border States, including the conjunctive use
and storage of surface and ground water, delivery system
conservation, the re-regulation of reservoirs, improved
irrigation practices, wastewater reclamation, regional water
management modeling, operational and optimization studies to
improve water conservation, and cross-border water exchanges
consistent with treaties; and
(2) new water supply research and projects along the Mexico
border in southern California and other eligible areas in the 4
United States border States to desalinate ocean seawater and
brackish surface and groundwater, and dispose of or manage the
brines resulting from desalination.
SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
NADBANK PROJECTS FOR WHICH FINANCE WATER CONSERVATION FOR
IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE SOUTHWEST
UNITED STATES.
(a) Findings.--The Congress finds as follows:
(1) Irrigators and agricultural producers are suffering
enormous hardships in the southwest United States. The border
States of California, Arizona, New Mexico, and Texas are
suffering from one of the worst droughts in history. In
Arizona, this is the second driest period in recorded history
and the worst since 1904.
(2) In spite of decades of water conservation in the
southwest United States, irrigated agriculture uses more than
60 percent of surface and ground water.
(3) The most inadequate water supplies in the United States
are in the Southwest, including the lower Colorado River basin
and the Great Plains River basins south of the Platte River. In
these areas, 70 percent of the water taken from the stream is
not returned.
(4) The amount of water being pumped out of groundwater
sources in many areas is greater than the amount being
replenished, thus depleting the groundwater supply.
(5) On August 20, 2002, the Board of the North American
Development Bank agreed to the creation in the bank of a Water
Conservation Investment Fund.
(6) The Water Conservation Investment Fund of the North
American Development Bank stated that up to $80,000,000 would
be available for grant financing of water conservation
projects, which grant funds would be divided equally between
the United States and Mexico.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) water conservation projects are eligible for funding
from the North American Development Bank under the Agreement
Between the Government of the United States of America and the
Government of the United Mexican States Concerning the
Establishment of a Border Environment Cooperation Commission
and a North American Development Bank;
(2) the Board of the North American Development Bank should
support qualified water conservation projects that can assist
irrigators and agricultural producers; and
(3) the Board of the North American Development Bank should
take into consideration the needs of all of the border states
before approving funding for water projects, and strive to fund
water conservation projects in each of the border states.
SEC. 6. ADDITIONAL SENSES OF THE CONGRESS.
(a) It is the sense of the Congress that the Board of the North
American Development Bank should support the financing of projects, on
both sides of the international boundary between the United States and
Mexico, which address coastal issues and the problem of pollution in
both countries having an environmental impact along the Pacific Ocean
and Gulf of Mexico shores of the United States and Mexico.
(b) It is the sense of the Congress that the Board of the North
American Development Bank should support the financing of projects, on
both sides of the international boundary between the United States and
Mexico, which address air pollution.
Passed the House of Representatives October 10, 2002.
Attest:
Clerk.
|
Amends the North American Free Trade Agreement Implementation Act to authorize the President to agree to amendments to the Border Environment Cooperation Agreement (the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank) that: (1) enable the North American Development Bank to make grants and non-market rate loans out of its paid-in capital resources with the approval of its Board of Directors for qualified water conservation projects; and (2) amend the definition of "border region" as it relates to such projects to include the area in the United States within 100 kilometers of the international boundary and the area in Mexico within 300 kilometers of the international boundary between the two countries.(Sec. 2) Requires the Secretary of the Treasury to report annually to specified congressional committees on the North American Development Bank.(Sec. 3) Expresses the sense of Congress that water conservation projects are eligible for funding from the Bank under the Cooperation Agreement.Expresses the sense of Congress that the Board of Directors of the Bank should support with financing: (1) qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley; (2) conservation as well as new water supply research and desalination projects in the border States of California, Arizona, New Mexico, and Texas; and (3) projects which address coastal and water and air pollution issues on both sides of the international boundary between the United States and Mexico, including along the Pacific Ocean and Gulf of Mexico shores of both countries.
|
{"src": "billsum_train", "title": "To authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank, and for other purposes."}
| 1,935 | 338 | 0.656329 | 2.175717 | 0.792157 | 4.706452 | 5.806452 | 0.925806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Business Center Act of
2009''.
SEC. 2. VETERANS BUSINESS CENTER PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended--
(1) in subsection (f), by inserting ``(other than
subsections (g), (h), and (i))'' after ``this section''; and
(2) by adding at the end the following:
``(g) Veterans Business Center Program.--
``(1) In general.--The Administrator shall establish a
Veterans Business Center program within the Administration to
provide entrepreneurial training and counseling to veterans in
accordance with this subsection.
``(2) Director.--The Administrator shall appoint a Director
of the Veterans Business Center program, who shall implement
and oversee such program and who shall report directly to the
Associate Administrator for Veterans Business Development.
``(3) Designation of veterans business centers.--The
Director shall establish by regulation an application, review,
and notification process to designate entities as veterans
business centers for purposes of this section. The Director
shall make publicly known the designation of an entity as a
veterans business center and the award of a grant to such
center under this subsection.
``(4) Funding for veterans business centers.--
``(A) Initial grants.--The Director is authorized
to make a grant (hereinafter in this subsection
referred to as an `initial grant') to each veterans
business center each year for not more than 5 years in
the amount of $200,000.
``(B) Growth funding grants.--After a veterans
business center has received 5 years of initial grants
under subparagraph (A), the Director is authorized to
make a grant (hereinafter in this subsection referred
to as a `growth funding grant') to such center each
year for not more than 3 years in the amount of
$150,000. After such center has received 3 years of
growth funding grants, the Director shall require such
center to meet performance benchmarks established by
the Director to be eligible for growth funding grants
in subsequent years.
``(5) Center responsibilities.--Each veterans business
center receiving a grant under this subsection shall use the
funds primarily on veteran entrepreneurial development,
counseling of veteran-owned small businesses through one-on-one
instruction and classes, and providing government procurement
assistance to veterans.
``(6) Matching funds.--Each veterans business center
receiving a grant under this subsection shall be required to
provide a non-Federal match of 50 percent of the Federal funds
such center receives under this subsection. The Director may
issue to a veterans business center, upon request, a waiver
from all or a portion of such matching requirement upon a
determination of hardship. The Director may waive the matching
funds requirement under this paragraph with respect to veterans
business centers that serve communities with a per capita
income less than 75 percent of the national per capita income
and an unemployment rate at least 150 percent higher than the
national average.
``(7) Targeted areas.--The Director shall give priority to
applications for designations and grants under this subsection
that will establish a veterans business center in a geographic
area, as determined by the Director, that is not currently
served by a veterans business center and in which--
``(A) the population of veterans exceeds the
national median of such measure; or
``(B) the population of veterans of Operation Iraqi
Freedom or Operation Enduring Freedom exceeds the
national median of such measure.
``(8) Training program.--The Director shall develop and
implement, directly or by contract, an annual training program
for the staff and personnel of designated veterans business
centers to provide education, support, and information on best
practices with respect to the establishment and operation of
such centers. The Director shall develop such training program
in consultation with veterans business centers, the interagency
task force established under subsection (c), and veterans
service organizations.
``(9) Inclusion of other organizations in program.--Upon
the date of the enactment of this subsection, each Veterans
Business Outreach Center established by the Administrator under
the authority of section 8(b)(17) and each center that received
funds during fiscal year 2006 from the National Veterans
Business Development Corporation established under section 33
and that remains in operation shall be treated as designated as
a veterans business center for purposes of this subsection and
shall be eligible for grants under this subsection.
``(10) Rural areas.--The Director shall submit annually to
the Administrator a report on whether a sufficient percentage,
as determined by the Director, of veterans in rural areas have
adequate access to a veterans business center. If the Director
submits a report under this paragraph that does not demonstrate
that a sufficient percentage of veterans in rural areas have
adequate access to a veterans business center, the Director
shall give priority during the 1-year period following the date
of the submission of such report to applications for
designations and grants under this subsection that will
establish veterans business centers in rural areas.
``(11) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$12,000,000 for fiscal year 2010 and $14,000,000 for fiscal
year 2011.
``(h) Additional Grants Available to Veterans Business Centers.--
``(1) Access to capital grant program.--
``(A) In general.--The Director of the Veterans
Business Center program shall establish a grant program
under which the Director is authorized to make, to
veterans business centers designated under subsection
(g), grants for the following:
``(i) Developing specialized programs to
assist veteran-owned small businesses to secure
capital and repair damaged credit.
``(ii) Providing informational seminars on
securing loans to veteran-owned small
businesses.
``(iii) Providing one-on-one counseling to
veteran-owned small businesses to improve the
financial presentations of such businesses to
lenders.
``(iv) Facilitating the access of veteran-
owned small businesses to both traditional and
non-traditional financing sources.
``(v) Providing one-on-one or group
counseling to owners of small business concerns
who are members of the reserve components of
the armed forces, as specified in section 10101
of title 10, United States Code, to assist such
owners to effectively prepare their small
businesses for periods when such owners are
deployed in support of a contingency operation.
``(vi) Developing specialized programs to
assist unemployed veterans to become
entrepreneurs.
``(B) Award size.--The Director may not award a
veterans business center more than $75,000 in grants
under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2010 and
2011.
``(2) Procurement assistance grant program.--
``(A) In general.--The Director shall establish a
grant program under which the Director is authorized to
make, to veterans business centers designated under
subsection (g), grants for the following:
``(i) Assisting veteran-owned small
businesses to identify contracts that are
suitable to such businesses.
``(ii) Preparing veteran-owned small
businesses to be ready as subcontractors and
prime contractors for contracts made available
through the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) through training
and business advisement, particularly with
respect to the construction trades.
``(iii) Providing veteran-owned small
businesses technical assistance with respect to
the Federal procurement process, including
assisting such businesses to comply with
Federal regulations and bonding requirements.
``(B) Award size.--The Director may not award a
veterans business center more than $75,000 in grants
under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2010 and
2011.
``(3) Service-disabled veteran-owned small business grant
program.--
``(A) In general.--The Director shall establish a
grant program under which the Director is authorized to
make, to veterans business centers designated under
subsection (g), grants for the following:
``(i) Developing outreach programs for
service-disabled veterans to promote self-
employment opportunities.
``(ii) Providing training to service-
disabled veterans with respect to business plan
development, marketing, budgeting, accounting,
and merchandising.
``(iii) Assisting service-disabled veteran-
owned small businesses to locate and secure
business opportunities.
``(B) Award size.--The Director may not award a
veterans business center more than $75,000 in grants
under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2010 and
2011.
``(i) Veterans Entrepreneurial Development Summit.--
``(1) In general.--The Director of the Veterans Business
Center program is authorized to carry out an event, once every
two years, for the purpose of providing networking
opportunities, outreach, education, training, and support to
veterans business centers funded under this section, veteran-
owned small businesses, veterans service organizations, and
other entities as determined appropriate for inclusion by the
Director. Such event shall include education and training with
respect to improving outreach to veterans in areas of high
unemployment.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $450,000 for
fiscal years 2010 and 2011.
``(j) Inclusion of Surviving Spouses.--For purposes of subsections
(g), (h), and (i) the following apply:
``(1) The term `veteran' includes a surviving spouse of the
following:
``(A) A member of the Armed Forces, including a
reserve component thereof.
``(B) A veteran.
``(2) The term `veteran-owned small business' includes a
small business owned by a surviving spouse of the following:
``(A) A member of the Armed Forces, including a
reserve component thereof.
``(B) A veteran.
``(k) Inclusion of Reserve Components.--For purposes of subsections
(g), (h), and (i) the following apply:
``(1) The term `veteran' includes a member of the reserve
components of the Armed Forces as specified in section 10101 of
title 10, United States Code.
``(2) The term `veteran-owned small business' includes a
small business owned by a member of the reserve components of
the Armed Forces as specified in section 10101 of title 10,
United States Code.''.
SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE.
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is
amended by adding at the end the following:
``(4) Report.--The Administrator shall submit to Congress
biannually a report on the appointments made to and activities
of the task force.''.
SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.
The Comptroller General shall carry out a study on the effects of
this Act and the amendments made by this Act on small business concerns
owned and controlled by veterans and submit to Congress a report on the
results of such study. Such report shall include the recommendations of
the Comptroller General with respect to how this Act and the amendments
made by this Act may be implemented to more effectively serve small
business concerns owned and controlled by veterans.
|
Veterans Business Center Act of 2009 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans.
Requires the Director to establish a program of grants to centers that will develop specialized programs to assist veteran-owned small businesses in securing capital and repairing damaged credit, counsel on how to improve financial presentations, facilitate access to financing, and assist unemployed veterans become entrepreneurs.
Requires the Director to establish a program of grants to centers to: (1) assist veteran-owned small businesses to identify contracts that are suitable to such businesses; (2) prepare veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009, particularly with respect to the construction trades; and (3) provide veteran-owned small businesses technical assistance with respect to the federal procurement process.
Requires the Director to establish a program of grants to centers to develop outreach programs for service-disabled veterans to promote self-employment opportunities and to train and assist such veterans with respect to developing business plans and securing business opportunities.
Authorizes the Director to carry out a veterans entrepreneurial development summit.
Requires an annual report from the Administrator to Congress on appointments made to, and activities of, the interagency task force on veteran-owned small businesses.
Directs the Comptroller General to carry out a study of the effects of this Act on small businesses owned and controlled by veterans.
|
{"src": "billsum_train", "title": "A bill to amend the Small Business Act to establish a Veterans Business Center program, and for other purposes."}
| 2,556 | 345 | 0.627242 | 1.89911 | 0.834513 | 3.012945 | 7.838188 | 0.935275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Go to High School, Go to College
Act''.
SEC. 2. EARLY COLLEGE FEDERAL PELL GRANT.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
is amended by adding at the end the following:
``(k) Early College Federal Pell Grants.--
``(1) In general.--Notwithstanding the requirement under
section 484(a)(1) that a student not been enrolled in an
elementary or secondary school to be eligible to receive a
Federal Pell Grant under this section, for the award years
beginning on July 1, 2014, and ending on June 30, 2020, the
Secretary shall carry out a program to award Early College
Federal Pell Grants to eligible students to support enrollment
in, and completion of, postsecondary courses offered through an
early college high school.
``(2) Maximum period for early college federal pell
grants.--An eligible student may receive an Early College
Federal Pell Grant under this subsection in an amount equal to
the cost of not more than 4 full-time postsecondary semesters,
or the equivalent of 4 full-time postsecondary semesters, as
determined by the Secretary by regulation, while enrolled in
postsecondary courses offered by an early college high school.
``(3) Counting of awards for purposes of federal pell
grants.--
``(A) In general.--An Early College Federal Pell
Grant received under this subsection shall be counted
toward the maximum period for which a student may
receive Federal Pell Grants under this section, as
provided under subsection (c)(5).
``(B) Waiver.--The Secretary may waive the
requirement under subparagraph (A) on a case-by-case
basis for any student demonstrating evidence of a
credible disruption or redirection in course of study
necessitating additional time to complete a
postsecondary degree or credential.
``(4) Terms and conditions.--
``(A) In general.--Except as provided in this
subsection, an Early College Federal Pell Grant
received under this subsection shall have the same
terms and conditions, and be awarded in the same
manner, as Federal Pell Grants awarded under this
section.
``(B) Minimum completion.--An eligible student may
only receive an Early College Federal Pell Grant under
this subsection upon completion of a full-time
postsecondary semester, or the equivalent of a full-
time postsecondary semester, as determined by the
Secretary by regulation.
``(C) Amount.--The Secretary shall pay an eligible
institution that is engaged in a partnership as part of
an early college high school an amount equal to the
cost of tuition, fees, and books for each postsecondary
course (including with respect to the postsecondary
courses completed to satisfy the requirement under
subparagraph (B)) an eligible student completes through
such early college high school, provided such eligible
student satisfies the requirement under subparagraph
(B).
``(5) Reporting.--Each early college high school shall
annually submit to the Secretary a report on the program of
postsecondary courses provided to eligible students that
includes the following information:
``(A) Total number and percentage of eligible
students who enroll in and subsequently complete the
program at the early college high school.
``(B) The number of postsecondary credits earned by
eligible students while enrolled in the early college
high school that may be applied toward a postsecondary
degree or credential program.
``(C) The percentage of eligible students enrolled
in the early college high school who concurrently earn
a secondary school diploma and an associate degree or
equivalent.
``(D) The percentage of early college high school
graduates completing the program who enroll in a
postsecondary institution.
``(E) The total amount of Early College Federal
Pell Grants awarded to eligible students served by the
early college high school.
``(6) Definitions.--In this subsection:
``(A) Early college high school.--The term `early
college high school' means a partnership between a
public secondary school and at least one eligible
institution--
``(i) that enables a student enrolled at
such secondary school to simultaneously earn a
secondary school diploma and postsecondary
credits that are transferable to such eligible
institution as part of an organized course of
study toward a postsecondary degree or
credential at no cost to the student or the
family of the student;
``(ii) that offers students enrolled at
such secondary school postsecondary courses
provided by an eligible institution as part of
a State-approved program of study that leads to
a postsecondary degree, certificate, or general
education core that is transferable to such
eligible institution;
``(iii) that provides such students the
opportunity to earn not less than 12 credit
hours in such postsecondary courses; and
``(iv) that provides support, placement
test prep strategies, tutoring, or comparable
strategies to ensure student preparation for
and success in college courses.
``(B) Eligible student.--The term `eligible
student' means a student enrolled at an early college
high school who, if such student met the requirements
of section 484 for eligibility for a Federal Pell
Grant, would be awarded a Federal Pell Grant after the
determination of the expected family contribution for
such student.''.
|
Go to High School, Go to College Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to carry out (from July 1, 2014, through June 30, 2020) a program awarding Early College Federal Pell Grants to students to support their enrollment in, and completion of, postsecondary courses offered through early college high schools. Deems students who would be eligible for a Federal Pell Grant if not for their enrollment in secondary school to be eligible for an Early College Federal Pell Grant upon their completion of a full-time postsecondary semester or its equivalent. Allows students to receive Early College Federal Pell Grants in an amount equal to the cost of not more than four full-time postsecondary semesters or the equivalent while enrolled in postsecondary courses offered by an early college high school. Counts Early College Federal Pell Grants toward the twelve semester, or equivalent, limit on a student's receipt of Federal Pell Grants.
|
{"src": "billsum_train", "title": "Go to High School, Go to College Act"}
| 1,195 | 222 | 0.677508 | 1.748607 | 0.799145 | 3.962162 | 5.897297 | 0.902703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Government Interstate Waste
Control Act''.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
``(a) Restriction on Receipt of Out-of-State Waste.--(1) Subject to
subsection (f), the owner or operator of a landfill, incinerator, or
other waste disposal facility in a State may not receive for disposal
or incineration any municipal solid waste generated outside the State
unless the owner or operator obtains authorization to receive such
waste from the affected local government. Any such authorization shall
be granted by formal action at a meeting and shall be recorded in
writing in the official record of the meeting. The local government
shall notify the Governor, adjoining local governments, and any
adjoining Indian tribes of any authorization granted under this
subsection. Subject to subsection (c), only 1 authorization per
facility is required under this subsection.
``(2) Prior to formal action with respect to authorization to
receive municipal solid waste generated outside the State, the affected
local government shall require and make readily available to the
Governor, adjoining local governments, any adjoining Indian tribes, and
other interested persons for inspection and copying the following
information from the owner or operator of the facility seeking such
authorization:
``(A) A brief description of the planned facility,
including facility size, ultimate waste capacity, and
anticipated monthly and yearly waste volumes to be handled.
``(B) A map of the facility site indicating location in
relation to the local road system and topography and
hydrological features. This map shall indicate any buffer zones
to be acquired by the owner or operator as well as all facility
units.
``(C) A description of the current environmental
characteristics of the site, including information regarding
ground water resources, and discussion of alterations that may
be necessitated by or occur as a result of the facility.
``(D) A description of appropriate environmental controls
to be utilized on the site, including runon/runoff management,
air pollution control devices, source separation procedures,
methane monitoring and control, landfill covers, liners or
leachate collection systems, and monitoring programs. This
description also shall include a discussion of any waste
residuals generated by the facility, including leachate or ash,
and the planned management of such residuals.
``(E) A description of site access controls to be employed,
roadway improvements to be made by the owner or operator, and
an estimate of the timing and extent of increased local truck
traffic.
``(F) A list of all required Federal, State, and local
permits.
``(G) Estimates of the personnel requirements of the
facility, including information regarding the probable skill
and education levels required for jobs at the facility. This
information should distinguish between employment statistics
for pre- and post-operational levels.
``(H) Such information as is required by State law to be
provided with respect to any violations of environmental laws
or regulations by the owner, the operator, and their
subsidiaries, the disposition of enforcement proceedings taken
with respect to such violations, and corrective action and
rehabilitation measures taken as a result of such proceedings.
``(I) Such information as is required by State law to be
provided with respect to gifts and contributions by the owner
and operator.
``(J) Such information as is required by State law to be
provided by the owner or operator with respect to compliance by
the owner or operator with the State solid waste management
plan in effect pursuant to section 4007.
``(3) Prior to formal action with respect to authorization to
receive municipal solid waste generated outside the State, the affected
local government shall notify the Governor, adjoining local
governments, and any adjoining Indian tribes, and publish notice of the
action in a newspaper of general circulation at least 30 days before
the hearing and again at least 15 days before the hearing, and provide
an opportunity for public comment, including at least 1 public hearing,
in accordance with State law.
``(b) Limitations on Applicability.--
``(1) Landfills in operation.--Subsection (a) does not
apply to an owner or operator of a landfill that--
``(A) on the date of the enactment of this section,
was in compliance with all applicable State laws and
regulations relating to design and location standards,
leachate collection, ground water monitoring, and
financial assurance for closure and post-closure care
and corrective action; and
``(B) during calendar year 1991, accepted, in
accordance with State law as in effect during such
calendar year, documented shipments of municipal solid
waste generated outside the State, or, before the date
of the enactment of this section, entered into a host
agreement or otherwise obtained authorization to accept
such waste from the affected local government.
``(2) Landfills under construction or in planning
process.--(A) Subject to subparagraph (B), subsection (a) does
not apply to a person who--
``(i) is planning to own or operate a landfill; and
``(ii) before the date of the enactment of this
section, entered into a host agreement or otherwise
obtained authorization from the affected local
government to accept at such landfill municipal solid
waste generated outside the county or the State in
which the landfill is located.
``(B) The limitation on applicability contained in
subparagraph (A) shall terminate if the landfill, before or
after construction, fails to meet all State laws and
regulations relating to design and location standards, leachate
collection, ground water monitoring, or financial assurance for
closure and post closure care and corrective action.
``(3) Incinerators and other facilities.--Subsection (a)
does not apply to either of the following:
``(A) An owner or operator of an incinerator or
other waste disposal facility (other than a landfill)
that, during calendar year 1991, accepted documented
shipments of municipal solid waste generated outside
the State or, before the date of the enactment of this
section, entered into a host agreement or otherwise
obtained authorization to accept such waste from the
affected local government.
``(B) A person who is planning to own or operate an
incinerator or other waste disposal facility (other
than a landfill) and who, before the date of the
enactment of this section, entered into a host
agreement or otherwise obtained authorization from the
affected local government to accept municipal solid
waste generated outside the State at such incinerator
or facility.
``(c) Treatment of Expansions of Facilities.--
``(1) In general.--Except as provided in paragraph (2), the
expansion of a landfill, incinerator, or other waste disposal
facility shall be considered, for purposes of subsection (a),
to be a separate facility requiring authorization in order to
accept waste generated outside the State.
``(2) Exception.--A landfill, incinerator, or other waste
disposal facility may be expanded for purposes of receiving
waste generated outside the State without an authorization
under subsection (a) to accept such waste at the expansion only
if--
``(A) with respect to a facility for which the
owner or operator has obtained authorization as
described in subsection (a) or in paragraph (1), (2),
or (3) of subsection (b), at the time the owner or
operator obtained such authorization--
``(i) the owner or operator owned or
possessed an option to purchase the land on
which the expansion of the facility is proposed
to occur; and
``(ii) the area of expansion of the
facility was indicated in documents filed with
the affected local government before obtaining
such authorization; or
``(B) with respect to a facility described in
paragraph (1) or (3) of subsection (b) for which the
owner or operator is not required to obtain
authorization, the owner or operator, during calendar
year 1991, owned or possessed an option to purchase the
land on which the expansion of the facility is proposed
to occur.
``(d) Restriction on Local Government Control by Governor.--In any
case in which an affected local government is considering granting an
authorization to receive municipal solid waste generated outside the
State, and the disposal or incineration of such waste precludes the use
of solid waste management capacity that is identified under the State
plan to be used for disposal or incineration of municipal solid waste
generated within the region (identified under section 4006(a)) in which
the local government is located, the Governor may prohibit the affected
local government from granting the authorization.
``(e) Authority of Governor to Restrict Out-of-State Municipal
Solid Waste.--
``(1)(A) Except as provided in paragraph (5), if requested
in writing by both an affected local government, and an
affected local solid waste planning unit (if such a local solid
waste planning unit exists under State law), a Governor may,
with respect to landfills to which subsection (a) does not
apply (as set forth in paragraphs (1) and (2) of subsection
(b)), limit the amount of out-of-State municipal solid waste
received for disposal at each such landfill in the State to an
amount equal to the amount of out-of-State municipal solid
waste received for disposal at the landfill during calendar
year 1991 or any 12 consecutive months between January 1, 1991,
and June 30, 1992, whichever is less, as determined by the
Governor in submitting information under paragraph (4).
``(B) Prior to submitting a request under this section to
limit the disposal of out-of-State municipal solid waste, the
affected local government and the affected local solid waste
planning unit, if any, shall--
``(i) provide notice and opportunity for public
comment concerning any such proposed request; and
``(ii) following notice and comment, take formal
action upon any such proposed request at a public
meeting.
``(3) In responding to requests by affected local
governments under paragraph (1)(A), the Governor shall respond
in a consistent manner that does not discriminate against any
particular landfill within the State and does not discriminate
against any shipments of out-of-State municipal solid waste on
the basis of State of origin.
``(4)(A) Any Governor who intends to exercise the authority
provided in this subsection shall, within 60 days after the
date of enactment of this section, submit to the Administrator
information documenting the amount of out-of-State municipal
solid waste received for disposal in the Governor's State
during calendar year 1991 and the first six months of calendar
year 1992.
``(B) Upon receipt of such information, the Administrator
shall notify the Governor of each State and the public and
shall provide a comment period of not less than 30 days.
``(C) Not later than 120 days after the date of enactment
of this section, the Administrator shall publish a list of the
amount of out-of-State municipal solid waste that was received
at each landfill to which subsection (a) does not apply (as set
forth in paragraphs (1) and (2) of subsection (b)) for disposal
in the State during calendar year 1991 and the first six months
of calendar year 1992, as determined by the Governor in
submitting information under subparagraph (A).
``(5) A Governor may not exercise the authority granted
under this subsection if such action would be inconsistent with
State law or would result in the violation of or failure to
perform any provision of--
``(i) a written, legally binding contract,
including a host agreement, that was lawfully entered
into by the owner or operator of a landfill and the
affected local government and which authorizes the
landfill to receive municipal solid waste generated
outside the jurisdiction of the affected local
government; or
``(ii) a written, legally binding contract for
disposal at a landfill of municipal solid waste
generated outside the State in which the landfill is
located that was in effect on May 31, 1992.
``(f) Continued Applicability of Section Conditioned on Certain
Landfill Requirements.--Subsections (a) through (e) of this section
shall not apply after January 1, 1997, in a State unless each operating
municipal solid waste landfill in the State--
``(1) meets the design and location standards that are
applicable to landfills constructed on and after October 1993;
or
``(2) is on an enforceable schedule--
``(A) to stop receiving waste by January 1, 2000;
and
``(B) to implement a closure plan.
``(g) Definitions.--As used in this section:
``(1) The term `affected local government', with respect to
a landfill, incinerator, or other waste disposal facility,
means the elected officials of the city, town, borough, county,
or parish in which the facility is located. Within 90 days
after enactment of this section, the Governor of each State
shall designate and publish notice of which entity listed in
the preceding sentence shall serve as the affected local
government for purposes of actions taken under this section
after the date of publication of such notice. No such
designation shall affect host agreements concluded before the
date of publication of such notice. If the Governor fails to
make such designation, the affected local government shall be
the city, town, borough, county, parish, or other public body
created by or pursuant to State law with primary jurisdiction
over the use of the land on which the facility is located or
proposed to be located.
``(2) The term `affected local solid waste planning unit'
means a political subdivision of a State with authority
relating to solid waste management planning in accordance with
state law.
``(3) The term `out-of-State municipal solid waste', with
respect to a State, means municipal solid waste generated
outside of the State.
``(4) The term `municipal solid waste' means solid waste
that is refuse (and refuse-derived fuel) generated by the
general public and from residential, commercial, institutional,
and industrial sources consisting of paper, wood, yard wastes,
food wastes, plastics, leather, rubber, and other combustible
materials and noncombustible materials such as metal, glass,
and rock. The term does not include--
``(A) hazardous waste or waste containing
polychlorinated biphenyls;
``(B) industrial waste;
``(C) medical waste;
``(D) recyclable materials that have been separated
from waste otherwise destined for disposal (either at
the source of the waste or at processing facilities) or
that have been managed separately from waste destined
for disposal; and
``(E) materials and products returned from a
dispenser or distributor to the manufacturer or its
agent for credit, evaluation, and possible reuse.
``(5) The term `host agreement' means a written, legally
binding agreement, lawfully entered into between an owner or
operator of a landfill or incinerator and an affected local
government that authorizes the landfill or incinerator to
receive municipal solid waste generated outside the
jurisdiction of the affected local government.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act is amended by adding at the end of the items
relating to subtitle D the following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''.
|
Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills, incinerators, or other waste disposal facilities from receiving municipal solid waste generated outside their State unless they obtain authorization from the affected local government.
Exempts from such prohibition: (1) landfills that, as of this Act's enactment date, complied with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action and, during 1991, accepted municipal solid waste generated outside the State or, before this Act's enactment date, obtained authorization to accept such waste; (2) persons planning to own or operate a landfill, incinerator, or other waste disposal facility who obtained authorization to accept such waste before this Act's enactment; and (3) incinerators that accepted such waste during 1991 or obtained authorization before this Act's enactment.
Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they possessed an option to purchase the land on which the expansion is proposed to occur; and (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization; or (3) with respect to facilities exempted from authorization requirements, they possessed an option to purchase the land for the expansion during 1991.
Authorizes State Governors to prohibit local government authorizations if the disposal of out-of-State waste is using solid waste management capacity required to be used for waste generated within the local government's region.
Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste received at landfills exempted from authorization requirements.
Makes this Act inapplicable after 1996 unless each operating landfill in a State: (1) meets design and location standards applicable to landfills constructed on and after October 1993; or (2) is on an enforceable schedule to stop receiving waste by 2000 and to implement a closure plan.
|
{"src": "billsum_train", "title": "Local Government Interstate Waste Control Act"}
| 3,386 | 487 | 0.611942 | 1.772402 | 0.885767 | 3.618824 | 7.830588 | 0.927059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VOW to Hire Heroes Extension Act of
2012''.
SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS.
(a) In General.--Clause (i) of section 51(c)(4)(B) of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2012'' and
inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2012.
SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS.
(a) In General.--Subparagraph (D) of section 51(d)(13) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(D) Pre-screening of qualified veterans.--
``(i) In general.--Subparagraph (A) shall
be applied without regard to subclause (II) of
clause (ii) thereof in the case of an
individual seeking treatment as a qualified
veteran with respect to whom the pre-screening
notice contains--
``(I) qualified veteran status
documentation,
``(II) qualified proof of
unemployment compensation, and
``(III) an affidavit furnished by
the individual stating, under penalty
of perjury, that the information
provided under clauses (I) and (II) is
true.
``(ii) Qualified veteran status
documentation.--For purposes of clause (i), the
term `qualified veteran status documentation'
means any documentation provided to an
individual by the Department of Defense or the
National Guard upon release or discharge from
the Armed Forces which includes information
sufficient to establish that such individual is
a veteran.
``(iii) Qualified proof of unemployment
compensation.--For purposes of clause (i), the
term `qualified proof of unemployment
compensation' means, with respect to an
individual, checks or other proof of receipt of
payment of unemployment compensation to such
individual for periods aggregating not less
than 4 weeks (in the case of an individual
seeking treatment under paragraph (3)(A)(iii)),
or not less than 6 months (in the case of an
individual seeking treatment under clause
(ii)(II) or (iv) of paragraph (3)(A)), during
the 1-year period ending on the hiring date.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after the date of the
enactment of this Act.
SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN
CIRCUMSTANCES.
(a) In General.--Paragraph (2) of section 52(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``qualified tax-exempt organizations'' in
the heading and inserting ``certain employers'', and
(2) by striking ``by qualified tax-exempt organizations''
and inserting ``by certain employers''.
(b) Credit Allowed to Certain For-Profit Employers.--Subsection (e)
of section 3111 of the Internal Revenue Code of 1986 is amended--
(1) by inserting ``or a qualified for-profit employer''
after ``If a qualified tax-exempt organization'' in paragraph
(1),
(2) by striking ``with respect to whom a credit would be
allowable under section 38 by reason of section 51 if the
organization were not a qualified tax-exempt organization'' in
paragraph (1),
(3) by inserting ``or for-profit employer'' after
``employees of the organization'' each place it appears in
paragraphs (1) and (2),
(4) by inserting ``in the case of a qualified tax-exempt
organization,'' before ``by only taking into account'' in
subparagraph (C) of paragraph (3),
(5) by inserting ``or for-profit employer'' after ``the
organization'' in paragraph (4),
(6) by redesignating subparagraph (B) of paragraph (5) as
subparagraph (C) of such paragraph, by striking ``and'' at the
end of subparagraph (A) of such paragraph, and by inserting
after subparagraph (A) of such paragraph the following new
subparagraph:
``(B) the term `qualified for-profit employer'
means, with respect to a taxable year, an employer not
described in subparagraph (A), but only if--
``(i) such employer does not have profits
for any of the 3 taxable years preceding such
taxable year, and
``(ii) such employer elects under section
51(j) not to have section 51 apply to such
taxable year, and'', and
(7) by striking ``has meaning given such term by section
51(d)(3)'' in subparagraph (C) of paragraph (5), as so
redesignated, and inserting ``means a qualified veteran (within
the meaning of section 51(d)(3)) with respect to whom a credit
would be allowable under section 38 by reason of section 51 if
the employer of such veteran were not a qualified tax-exempt
organization or a qualified for-profit employer''.
(c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsections (a) and (b). Amounts
appropriated by the preceding sentence shall be transferred from the
general fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to individuals who begin work for the employer after the
date of the enactment of this Act.
SEC. 5. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Commissioner of Internal Revenue, in
consultation with the Secretary of Labor, shall report to the Congress
on the effectiveness and cost-effectiveness of the amendments made by
sections 2, 3, and 4 in increasing the employment of veterans. Such
report shall include the results of a survey, conducted, if needed, in
consultation with the Veterans' Employment and Training Service of the
Department of Labor, to determine how many veterans are hired by each
employer that claims the credit under section 51, by reason of
subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code
of 1986.
SEC. 6. TREATMENT OF POSSESSIONS.
(a) Payments to Possessions.--
(1) Mirror code possessions.--The Secretary of the Treasury
shall pay to each possession of the United States with a mirror
code tax system amounts equal to the loss to that possession by
reason of the amendments made by this Act. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession of the United States.
(2) Other possessions.--The Secretary of the Treasury shall
pay to each possession of the United States which does not have
a mirror code tax system the amount estimated by the Secretary
of the Treasury as being equal to the loss to that possession
that would have occurred by reason of the amendments made by
this Act if a mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply with respect
to any possession of the United States unless such possession
establishes to the satisfaction of the Secretary that the
possession has implemented (or, at the discretion of the
Secretary, will implement) an income tax benefit which is
substantially equivalent to the income tax credit in effect
after the amendments made by this Act.
(b) Coordination With Credit Allowed Against United States Income
Taxes.--The credit allowed against United States income taxes for any
taxable year under the amendments made by this Act to section 51 of the
Internal Revenue Code of 1986 to any person with respect to any
qualified veteran shall be reduced by the amount of any credit (or
other tax benefit described in paragraph (1)(B)) allowed to such person
against income taxes imposed by the possession of the United States by
reason of this section with respect to such qualified veteran for such
taxable year.
(c) Definitions and Special Rules.--
(1) Possession of the united states.--For purposes of this
section, the term ``possession of the United States'' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the United States
Virgin Islands.
(2) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were
the United States.
(3) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments under
this section shall be treated in the same manner as a refund
due from credit provisions described in such section.
|
VOW to Hire Heroes Extension Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2016 the work opportunity tax credit for hiring veterans, (2) revise tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extend the payroll tax offset for such credit to certain for-profit employers.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes."}
| 2,120 | 73 | 0.531663 | 1.334706 | 0.601955 | 2.492958 | 27.323944 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systemic Passenger Infrastructure
and Network Overhaul through Financial Freedom Act''.
SEC. 2. INTERIM DIRECTED SERVICE.
(a) Transfer of Ownership.--Effective on the date of the enactment
of this Act--
(1) title to all property of the National Railroad
Passenger Corporation necessary for the operation of the main
line of the Northeast Corridor between the District of Columbia
and Boston, Massachusetts, and the Autotrain shall transfer to
the Secretary of Transportation; and
(2) the note and mortgage described in section 24907 of
title 49, United States Code, is canceled, in consideration for
the transfer described in paragraph (1).
(b) Interim Operations.--The Secretary of Transportation shall
ensure the continuation of maintenance and dispatching of service on
the main line of the Northeast Corridor between the District of
Columbia and Boston, Massachusetts, and of the Autotrain, until
directed service is initiated under subsection (c). The Secretary is
authorized to use personnel of the National Railroad Passenger
Corporation to carry out this subsection.
(c) Directed Service.--Not later than 3 months after the date of
the enactment of this Act, the Secretary of Transportation shall
complete a competitive selection of an entity or entities to maintain
and dispatch service on the main line of the Northeast Corridor between
the District of Columbia and Boston, Massachusetts, and for the
Autotrain, and shall take such actions as are necessary to initiate and
maintain such directed service until the disposition of such operations
pursuant to sections 3 and 4, and for such additional time as is
necessary to ensure the orderly transition of operations under those
sections. In carrying out this subsection, the Secretary and any entity
or entities selected by the Secretary shall have the powers and
authorities, including access rights, of the National Railroad
Passenger Corporation with respect to the service involved.
SEC. 3. NORTHEAST CORRIDOR.
(a) Comptroller General Analysis.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General shall
transmit to the Secretary of Transportation a report analyzing the
capital requirements needed to ensure that the Northeast Corridor can
be operated in a financially viable manner.
(b) Determination of Appropriate Disposition.--Not later than 2
years after the date of the enactment of this Act, the Secretary, after
considering the prospects of financial viability, including capital
requirements as reported under subsection (a) and proposed financing
options, shall determine which of the following options is most
appropriate for the disposition of the operations (and all necessary
supporting property) described in section 2(b) and (c) with respect to
the Northeast Corridor:
(1) Transfer of such operations to an interstate compact,
entered into under section 410 of the Amtrak Reform and
Accountability Act of 1997, consisting of the States of the
Northeast Corridor.
(2) Transfer of such operations to a new quasi-governmental
corporation or to a private sector corporation.
(3) Retention of ownership by the Secretary of
Transportation, with competitive franchising, by 1 or more
entities, of the management and dispatching of service.
The Secretary shall transmit to the Congress a report on the
determination made under this subsection.
(c) Implementation.--Not later than 6 months after a determination
is made under subsection (b), the Secretary shall implement the
appropriate disposition as so determined.
SEC. 4. AUTOTRAIN.
(a) Determination of Appropriate Disposition.--Not later than 1
year after the date of the enactment of this Act, the Secretary, after
considering the prospects of financial viability, including capital
requirements and proposed financing options, shall determine which of
the following options is most appropriate for the disposition of the
operations (and all necessary supporting property) described in section
2(b) with respect to the Autotrain:
(1) Transfer of such operations to a new quasi-governmental
corporation or to a private sector corporation.
(2) Retention of ownership by the Secretary of
Transportation, with competitive franchising, by 1 or more
entities, of the management and operations.
The Secretary shall transmit to the Congress a report on the
determination made under this subsection.
(b) Implementation.--Not later than 6 months after a determination
is made under subsection (a), the Secretary shall implement the
appropriate disposition as so determined.
SEC. 5. FUNDING.
(a) Retention of Amounts.--The Secretary of Transportation shall
retain all amounts appropriated by the Federal Government for fiscal
year 2002 for the National Railroad Passenger Corporation that have not
been provided to the National Railroad Passenger Corporation, and such
amounts shall be available to the Secretary for carrying out this Act.
(b) Transfer of Amounts.--The National Railroad Passenger
Corporation shall transfer to the Secretary of Transportation all
amounts appropriated by the Federal Government for fiscal year 2002 and
provided to the National Railroad Passenger Corporation, and such
amounts shall be available to the Secretary for carrying out this Act.
SEC. 6. NONAPPLICABILITY OF PROVISION.
A local governmental authority (as defined in section 5302(a)(6) of
title 49, United States Code) shall not be subject to any obligation
under any arrangement pursuant to section 5333(b) of title 49, United
States Code, with respect to employees of the National Railroad
Passenger Corporation providing services to such authority pursuant to
a contract between the authority and the National Railroad Passenger
Corporation.
|
Systemic Passenger Infrastructure and Network Overhaul through Financial Freedom Act - Transfers title to all property of the National Railroad Passenger Corporation (Amtrak) consisting of the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and the Autotrain to the Secretary of Transportation in consideration of the cancellation of a certain note and mortgage between Amtrak and the U.S. Government for the acquisition and improvement of such property and certain other rail properties.Directs the Secretary to provide for the competitive selection of an entity or entities to maintain and dispatch service operations on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and for the Autotrain, until the Secretary makes a determination for the disposition of such operations, including: (1) transfer of such operations to an interstate compact consisting of the States of the Northeast Corridor; (2) transfer of such operations to a new quasi-governmental corporation or to a private sector corporation; or (3) retention of ownership by the Secretary, with competitive franchising, by one or more entities, of the management and dispatching of service.Requires the Secretary to retain, and Amtrak to transfer to the Secretary, all amounts appropriated by the U.S. Government for FY 2002 for Amtrak that have not been provided to it, as well as those funds that have been.
|
{"src": "billsum_train", "title": "To provide for the competitive operation of the Northeast rail corridor and Autotrain using State and private sector initiatives."}
| 1,184 | 295 | 0.680364 | 2.111953 | 0.688777 | 5.574803 | 4.314961 | 0.92126 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``LEO Fair
Retirement Act of 2014''.
(b) Findings.--Congress finds the following:
(1) Federal law enforcement officers are never ``off-
duty''. They are counted on to respond at any time of the day
or night, regardless of their official duty status, to protect
the public safety. Outside of our Nation's armed forces, theirs
is the only occupation comprised of individuals who are
routinely called upon to put their lives on the line to keep
America safe.
(2) Though the Federal Government may house the largest
variety of occupations of any U.S. employer across its panoply
of agencies and entities, Federal law enforcement is absolutely
unique among them, and the Federal law enforcement officer has
no counterpart in the private sector. It is one of the most
stressful, most dangerous, and most rewarding careers for those
who meet the rigorous requirements of the job.
(3) It was in recognition of the unique nature of the
occupation, and the demanding schedules required of those who
fill its ranks, that Congress established distinct pay and
benefit systems for Federal law enforcement positions. This
includes basic pay, retirement, and even overtime compensation,
in the form of either Law Enforcement Availability Pay
(``LEAP'') or Administratively Uncontrollable Overtime
(``AUO'').
(4) Under current law, LEAP by its very nature is provided
to law enforcement officers to ensure that they are
``available'', that they will be ``generally and reasonably
accessible by the agency'' in excess of the 40-hour workweek to
perform unscheduled duty based on the agency's needs.
(5) Similarly, AUO was established to provide overtime to
certain law enforcement officers in positions where ``the hours
of duty cannot be controlled administratively'' and that
require ``substantial amounts of irregular, unscheduled
overtime duty''.
(6) Because both LEAP and AUO compensation are subject to
the pay caps, they are payable to a Federal law enforcement
officer only to the extent that the payments do not cause the
aggregate of the employee's basic pay and premium pay to exceed
the established caps.
(7) In light of the continuing homeland and national
security threats facing our Nation, and after a three-year
Federal pay freeze, it is in the interest of the Federal
Government to ensure that it can continue to recruit and retain
the highest caliber personnel by guaranteeing Federal law
enforcement officers full credit in retirement for overtime
hours worked but never paid.
SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW
ENFORCEMENT AVAILABILITY PAY AND ADMINISTRATIVELY
UNCONTROLLABLE OVERTIME LIMITATIONS.
(a) CSRS.--
(1) In general.--Section 8339 of title 5, United States
Code, is amended by adding at the end the following:
``(v)(1) Notwithstanding any other provision of this title,
including sections 5545a and 5547, any law enforcement availability pay
under section 5545a that would have been received by an individual
described under section 8331(3)(E) (i) or (ii) but for the limitation
provided in such section 5547 shall be included in the average pay of
such an individual for purposes of computing the annuity of such an
individual under this section.
``(2) Notwithstanding any other provision of this title, including
section 5545(c)(2), any administratively uncontrollable overtime pay
under such section that would have been received by an employee but for
the limitation provided in such section shall be included in the
average pay of such employee for purposes of computing the annuity of
such employee under this section.''.
(2) Clarification with respect to annuity limit.--The
limitation provided in section 8339(f) of title 5, United
States Code, shall apply to any annuity calculated pursuant to
subsection (v) of such section (as added by paragraph (1)).
(b) FERS.--Section 8415 of title 5, United States Code, is amended
by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this title,
including sections 5545a and 5547, any law enforcement availability pay
under section 5545a that would have been received by any individual
described under section 8331(3)(E) (i) or (ii) but for the limitation
provided in such section 5545a or 5547 shall be included in the average
pay of such an individual for purposes of computing the annuity of such
an individual under this section.
``(2) Notwithstanding any other provision of this title, including
section 5545(c)(2), any administratively uncontrollable overtime pay
under such section that would have been received by an employee but for
the limitation provided in such section shall be included in the
average pay of such employee for purposes of computing the annuity of
such employee under this section.''.
(c) Application.--The amendments made by this section shall apply
to any applicable annuity calculated on or after the date that is one
year after the date of enactment of this Act.
|
LEO Fair Retirement Act of 2014 - Provides that for purposes of computing the annuity of a federal law enforcement employee under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS), the law enforcement availability pay and administratively uncontrollable overtime pay earned by such employee in excess of limitations imposed on such pay shall be included in the average pay of such employee.
|
{"src": "billsum_train", "title": "LEO Fair Retirement Act of 2014"}
| 1,138 | 105 | 0.419619 | 1.330992 | 0.603113 | 3 | 15.235294 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Merchant Marine
Utilization and Preference Act of 1993''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that, for national defense, it is
in the interest of the United States that a clear understanding exists
among the Department of Transportation and the Department of Defense,
in particular, and all other Federal departments and agencies, that all
Federal departments and agencies have complementary interests in the
control and utilization of ocean-going merchant vessels that are
registered or documented under the laws of the United States.
(b) Policy.--It is the policy of the United States that--
(1) the Federal Maritime Administration and its wartime
counterpart have broad powers of control over ocean-going
United States-flag merchant vessels; and
(2) the Secretary of Defense, operating under the national
policy promulgated in section 101 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1101), ensure that military drafts of
United States-flag merchant vessels (including breakbulk, roll-
on-roll-off, lift-on lift-off (cellularized and containerized),
multipurpose carriers, tankers, and various auxiliaries), are
operated in conformity with the requirements and plans of the
Department of Defense and military exigencies.
SEC. 3. PURPOSE.
The purpose of this Act is to--
(1) clarify the Department of Defense cargoes transported
by water that are required to be transported on privately owned
United States-flag vessels;
(2) clarify the Department of Defense cargoes transported
by water that may be transported on vessels that are owned,
controlled, or chartered by the Government of the United
States; and
(3) reduce to a minimum the number of cargo transport
vessels maintained and operated by the Military Sealift Command
in order to give preference to privately owned United States-
flag vessels for transportation by water of Department of
Defense cargoes.
SEC. 4. TRANSPORTATION BY WATER OF DEPARTMENT OF DEFENSE CARGOES.
Section 2631 of title 10, United States Code, is amended to read as
follows:
``Sec. 2631. Transportation by water of Department of Defense cargoes
``(a) Except as otherwise provided in this section, under
conditions other than full or partial mobilization declared by the
President, transportation by water for Department of Defense cargoes
shall be obtained, consistent with military requirements and prudent
management, in the following order of priority:
``(1) To the maximum extent practicable, use of privately
owned United States-flag vessels that are--
``(A) operating in United States liner or tramp
trades, and
``(B) not chartered to the Government.
``(2)(A) Time charter or voyage charter of suitable
privately owned United States-flag vessels--
``(i) operating in liner service providing partial
or total space available, or
``(ii) operating in tramp service,
to the extent those vessels are voluntarily made available to
the Department of Defense.
``(B) Time charters and voyage charters pursuant to this
paragraph shall be kept to the minimum necessary to meet
requirements which, barring reasonable foresight, cannot be met
by United States-flag liner or tramp operators.
``(3)(A) In the event suitable United States-flag vessels
are not available in accordance with paragraphs (1) and (2),
and upon the written approval of the Secretary of
Transportation, use of--
``(i) vessels in the nucleus fleet established
under section 2631a; and
``(ii) to the extent vessels in the nucleus fleet
are not available, as determined by the Secretary of
Defense, foreign-flag vessels to the extent necessary
to meet urgent military requirements.
``(B) Any use of a foreign-flag vessel pursuant to this
paragraph shall be limited to a single voyage.
``(b)(1) Except as provided in paragraph (2), any appropriate
tariff that a person has filed with the Federal Maritime Commission
under either the Shipping Act of 1916 or the Shipping Act of 1984 shall
apply to transportation of Department of Defense cargo on any United
States-flag vessel that is operated by that person.
``(2)(A) This section does not prohibit an agency that is
responsible for procuring transportation of Department of Defense cargo
from procuring that transportation from a person at a negotiated rate
that is more favorable to the United States Government than a tariff
filed by that person that is otherwise applicable under paragraph (1).
``(B) Any rate that is negotiated under this subparagraph shall be
filed with the Federal Maritime Commission in the manner prescribed by
the Commission.
``(c)(1) The Office of the Chief of Naval Operations shall be
solely responsible in the Department of Defense for obtaining,
providing, operating, and controlling Government-owned or Government-
chartered vessels--
``(A) to transport Department of Defense cargoes in areas
that are not served by privately owned United States-flag
merchant vessels; and
``(B) for purposes of any partial or full mobilization
conducted for any reason declared by the President.
``(2)(A) The Military Sealift Command is the sole manager for ocean
transportation of Department of Defense cargoes.
``(B) The purpose of any ocean transportation provided by the
Department of Defense is to support and augment persons who provide
transportation by water in commercial service to the extent those
persons cannot provide the vessels or services required by the
Department of Defense.
``(C) Except as provided in this section and section 2631a, the
Department of Defense shall not engage in competition with private
persons in the provision of transportation by water in commercial
service.''.
SEC. 5. NUCLEUS FLEET.
Chapter 157 of title 10, United States Code, is amended by
inserting after section 2631 the following:
``Sec. 2631a. Nucleus fleet
``(a)(1) The Secretary of Defense shall establish and maintain at
all times under the exclusive custody, jurisdiction, and control of the
Department of Defense, a fleet of vessels, of a size and composition
appropriate to meet military requirements. Such fleet shall be known as
the `nucleus fleet'.
``(2) The nucleus fleet may be comprised of--
``(A) Government-owned vessels, operated by either--
``(i) the Military Sealift Command or other
Department of Defense agency with civil service
employees, or
``(ii) companies that are citizens of the United
States under section 2 of the Shipping Act, 1916, with
commercial crews; or
``(B) privately owned United States-flag vessels that are
chartered by the Department of Defense.
``(b)(1) Under conditions other than full mobilization, the nucleus
fleet--
``(A) shall consist of such number and types of vessels as
is appropriate to respond to changes in the military situation,
as determined by the Secretary of Defense; and
``(B) may include transport, cargo, tanker, roll-on roll-
off, lift-on lift-off, geared, and nongeared vessels and
auxiliaries in appropriate numbers--
``(i) to carry out logistic needs of the military
departments which cannot be met by private United
States commercial interests;
``(ii) to provide immediate capability in an
emergency; and
``(iii) to provide an adequate base for necessary
expansion to meet emergency or mobilization
requirements in support of approved plans for national
defense, national emergency, national mobilization, or
national interest.
``(2)(A) Under conditions other than full mobilization, that
portion of the nucleus fleet maintained for purposes of transportation
by water shall remain within close tolerance to the following numbers
of vessels by types:
``(i) 10 dry cargo vessels.
``(ii) 22 tanker vessels.
``(B) The numbers set forth in subparagraph (A)(i) and (ii)--
``(i) shall be reduced by one for each vessel deactivated
under subsection (c)(2)(A) or for which a contract of charter
is terminated under subsection (c)(2)(B); and
``(ii) are subject to review and redetermination by the
Secretary of Defense in accordance with military operation
requirements.
``(C) Any change in the composition of the nucleus fleet from the
numbers and types of vessels specified in subparagraph (A)(i) and (ii)
shall not be effective unless--
``(i) a request for that change is submitted by the
Secretary of the Navy to the Secretary of Defense;
``(ii) the change is approved by the Secretary of Defense;
and
``(iii) the change is reported to the Congress with
supporting rationale.
``(3) In addition to the numbers of vessels specified under
paragraph (2), the nucleus fleet may include such miscellaneous service
support vessels and naval fleet auxiliary vessels as the Military
Sealift Command determines to be necessary to retain and operate for
purposes of providing indirect support of other vessels of the
Department of the Navy.
``(c)(1) If a vessel in the nucleus fleet is inactive for a period
of 30 days, it shall be placed in reduced operating status.
``(2) If vessel in the nucleus fleet is inactive for 120 days--
``(A) in the case of a vessel that is owned by the United
States, it shall be deactivated and placed in reserve or
disposed of, as considered appropriate by the Secretary of
Defense; and
``(B) in the case of a privately owned vessel, the contract
under which it is chartered shall be terminated on the earliest
possible date.
``(d)(1) Under conditions of full mobilization, in addition to the
numbers and types of vessels authorized under subsections (a), (b), and
(c)--
``(A) the nucleus fleet may be augmented by those types and
numbers of vessels determined to be appropriate by the
Secretary of Defense, in accordance with the priority
established under section 2631(a);
``(B) the specific types of vessels to be added to the
nucleus fleet, and an appropriate schedule for their transfer
to or acquisition for the nucleus fleet, shall be determined
only by the Chief of Naval Operations.
``(2)(A) Any vessels to be added to the nucleus fleet pursuant to
paragraph (1) shall be provided by the Secretary of Transportation in
accordance with mobilization procedures approved by the Secretary of
Defense.
``(B) In addition to additional vessels provided under subparagraph
(A) for the nucleus fleet, the Secretary of Transportation shall
provide to the Secretary of Defense such additional miscellaneous
service support vessels and naval fleet auxiliary vessels as the
Secretary of Defense determines to be necessary for purposes of
providing indirect support of other vessels of the Department of the
Navy for purposes of a full mobilization.
``(3) During periods of full or partial mobilization, the Secretary
of Defense shall--
``(A) continuously review the number of merchant vessels
under the control of the Department of Defense;
``(B) determine any of those vessels that are excess to the
needs of the department; and
``(C) transfer to the Secretary of Transportation such
excess vessels.
``(4)(A) Upon the termination of hostilities or in the event of a
partial demobilization prior to the termination of hostilities, the
nucleus fleet shall be reduced to the numbers and types of vessels in
the fleet before full mobilization, as determined by the Secretary of
Defense.
``(B) In the event of a reduction in the nucleus fleet under this
paragraph, any vessels in the fleet that are retained as part of either
the active or laid-up permanent operating forces of the Department of
the Navy shall be released from control by the Department of Defense in
the following order of priority:
``(i) Foreign-flag vessels that are under charter.
``(ii) United States-flag vessels that are under charter
from private owners.
``(iii) United States Government-owned merchant vessels
that are desired for sale or charter by United States citizens
for United States-flag operation in commercial service.
``(C) Vessels that are sold or chartered pursuant to subparagraph
(B)(iii) are deemed to be war-built vessels for purposes of the
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.).''.
SEC. 6. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 157 of title 10,
United States Code, is amended by striking the item relating to section
2631 and inserting the following:
``2631. Transportation by water of Department of Defense cargoes.
``2631a. Nucleus fleet.''.
SEC. 7. READY RESERVE FORCE.
Section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C.
1744) is amended by adding at the end the following:
``(e) Use of Vessels in Ready Reserve Force.--
``(1) Use in peacetime.--Vessels in the Ready Reserve Force
component of the National Defense Reserve Fleet may be used in
peacetime for routine movements of cargo as part of military
exercises only if that use does not compete with United States-
flag commercial vessel operators.
``(2) Deactivation following national emergency.--A vessel
in the Ready Reserve Force component of the National Defense
Reserve Fleet that is activated to meet military sealift
requirements associated with a national emergency shall be
deactivated in an expeditious manner if those requirements no
longer exist.''.
|
United States Merchant Marine Utilization and Preference Act of 1993 - Requires Department of Defense (DOD) cargoes to be transported by water in the following order of priority under conditions other than full or partial mobilization declared by the President: (1) use of privately owned U.S. flag vessels that operate in U.S. liner or tramp trades and not chartered by the Government; (2) time or voyage charter of privately owned U.S. flag vessels operating in liner service providing partial or total space available or in tramp service if they are voluntarily made available to DOD; (3) vessels in the nucleus fleet; and (4) foreign flag vessels.
Limits the use of time and voyage charters to a minimum necessary to meet requirements which can not be met by U.S. flag liner or tramp operators.
Applies the tariff filed by a person with the Federal Maritime Commission under the Shipping Act of 1916 or of 1984 to transportation of DOD cargo on any U.S. flag-vessel that is operated by that person, with exceptions.
Makes the Military Sealift Command the sole manager for ocean transportation of DOD cargoes.
Prohibits DOD from engaging in competition with private persons in the provision of transportation by water in commercial service except as provided under this Act.
Directs the Secretary of Defense to maintain a fleet of vessels (the "nucleus fleet") to meet military requirements.
Places a vessel in the nucleus fleet in reduced operating status if it is inactive for a 30-day period. Sets forth additional requirements for the deactivation of vessels.
Prescribes guidelines for the inclusion of additional numbers and types of vessels in the nucleus fleet under conditions of full mobilization.
Amends the Merchant Ship Sales Act of 1946 to authorize the use of Ready Reserve Force vessels of the National Defense Reserve Fleet in peacetime for routine movements of cargo as part of military exercises only if such use does not compete with U.S. flag commercial vessel operators.
|
{"src": "billsum_train", "title": "United States Merchant Marine Utilization and Preference Act of 1993"}
| 2,977 | 433 | 0.579132 | 1.798621 | 0.762021 | 3.55163 | 7.733696 | 0.910326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Hypertension Research and
Education Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Pulmonary hypertension is a serious and often fatal
condition where the blood pressure in the lungs rises to
dangerously high levels. In pulmonary hypertension patients,
the walls of the arteries that take blood from the right side
of the heart to the lungs thicken and constrict. As a result,
the right side of the heart has to pump harder to move blood
into the lungs, causing it to enlarge and ultimately fail.
(2) In order to take full advantage of the tremendous
potential for finding a cure or effective treatment, the
Federal investment in pulmonary hypertension must be expanded,
and collaboration among top pulmonary hypertension research
centers must be increased.
(3) Pulmonary hypertension remains a difficult diagnosis
and is rarely picked up in a routine medical examination. Even
in its later stages, the signs of the disease can be confused
with other conditions affecting the heart and lungs. The use of
new diagnostic standards has been positively related to the
rates of diagnosis.
(4) In the more advanced stages of pulmonary hypertension,
the patient is able to perform only minimal activity and has
symptoms even when resting, resulting in considerable
disability. The disease may worsen to the point where the
patient is completely bedridden.
(5) In 1981, the National Heart, Lung, and Blood Institute
established the first pulmonary hypertension patient registry
in the world. The registry followed 194 people with pulmonary
hypertension over a period of at least one year and, in some
cases, more than seven years. Much of what is known about the
illness today stems from this study.
(6) Because the cause of pulmonary hypertension is still
not fully understood and there is still not a cure for
pulmonary hypertension, basic research studies are focusing on
the possible involvement of immunologic and genetic factors in
the cause and progression of pulmonary hypertension, looking at
agents that cause narrowing of the pulmonary blood vessels, and
identifying factors that cause growth of endothelial and smooth
muscle cells, and formation of scar tissue in the vessel walls.
(7) As research progresses, so do treatments for pulmonary
hypertension. Currently, there are six FDA-approved medications
for pulmonary hypertension and several more in trials. However,
not all medications are effective in all patients. In addition,
all pulmonary hypertension treatments have significant negative
side effects that impact patients' quality of life. Lung
transplantation is often considered a treatment of last resort
for pulmonary hypertension.
(8) The number of physicians who treat pulmonary
hypertension, and the number of pulmonary hypertension patients
receiving treatment, has grown exponentially over the past
decade, leading to the need for increased education of medical
professionals. In 2001, there were 100 identified physicians
treating pulmonary hypertension, and 3,000 patients receiving
treatment. In 2006, there were an estimated 3,000 such
physicians and 30,000 such patients. While pulmonary
hypertension treatment now includes the option of relatively
easy to administer oral therapies, effective management of
pulmonary hypertension remains complicated. Given the increase
in the number of physicians treating pulmonary hypertension,
education of medical professionals about pulmonary hypertension
management is critical to ensure optimal patient care.
(9) In December 2006, the National Heart, Lung, and Blood
Institute hosted a landmark meeting of pulmonary hypertension
researchers and clinicians throughout the world. Over 500
individuals attended, making this the largest such meeting
organized by a Federal department for this disease. During the
meeting, there was clear consensus that communication among
researchers is key to future advancement in the fight against
this devastating and expensive disease.
SEC. 3. PULMONARY HYPERTENSION CLINICAL RESEARCH NETWORK; EXPANSION OF
PULMONARY HYPERTENSION RESEARCH AND TRAINING.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424B the
following section:
``pulmonary hypertension
``Sec. 424C.
``(a) In General.--The Director of the Institute shall expand,
intensify, and coordinate the activities of the Institute with respect
to research on pulmonary hypertension.
``(b) Establishment of Pulmonary Hypertension Clinical Research
Network.--
``(1) Not later than one year after the date of the
enactment of this section, the Director of the Institute shall
establish a Pulmonary Hypertension Clinical Research Network
(in this section referred to as the `network'). The purpose of
the network shall be to conduct multiple clinical trials to
evaluate new treatment approaches for pulmonary hypertension
and facilitate collaboration among investigators with expertise
in pulmonary hypertension. The network shall consist of the
following:
``(A) No fewer than 15 clinical centers designated
by the Director.
``(B) An institute project scientist, as defined
and appointed by the Director.
``(C) A data and coordinating center, as defined
and appointed by the Director.
``(D) A data and safety monitoring board, as
defined and appointed by the Director.
``(E) A steering committee comprised of the
principal investigators from each clinical center
described under subparagraph (A), the data and
coordinating center described in subparagraph (C), and
the institute project scientist described in
subparagraph (B).
``(F) An independent protocol review committee, as
defined and appointed by the Director.
``(2) Steering committee.--The steering committee described
in paragraph (1)(E) shall determine the specific clinical
trials to be performed under this section, establish standards
for subject selection and characterization for such trials,
develop detailed protocols for such trials, and analyze and
publish the results of such trials. Possible clinical trials
shall include:
``(A) Combination therapies for pulmonary
hypertension.
``(B) New avenues of drug therapy based on
recognized cellular defects in pulmonary hypertension
that are not impacted by current treatment.
``(C) Use of endothelial progenitor cells for
replacement of abnormal pulmonary vascular cells in
pulmonary hypertension.
``(D) Discovery of treatment effects which are most
predictive of long-term outcome.
``(3) Program management; appointments.--
``(A) In general.--The Institute shall be
responsible for organizing and providing support for
the network.
``(B) Institute project scientist.--The institute
project scientist appointed under paragraph (1)(B)
shall--
``(i) monitor the recruitment of subjects
for the trials and the progress of the trials;
``(ii) ensure disclosure of conflicts of
interest and adherence of the conduct of the
clinical trials to the policies of the
Institute; and
``(iii) conduct, with the institute grants
management specialist described in subparagraph
(C), the fiscal management of the network.
``(C) Institute management specialist.--An
institute grants management specialist (as defined and
appointed by the Director) shall assist the institute
project scientist in conducting the fiscal management
of the network under subparagraph (B)(iii).
``(D) Additional appointments.--The Director shall
appoint the Chair of the steering committee described
in paragraph (1)(E) and all members of the protocol
review committee under paragraph (1)(F) and the data
safety monitoring board under paragraph (1)(D).
``(c) Pulmonary Hypertension Preceptorship and Training Program.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, the Director of the Institute
shall carry out a grant program under which the Director makes
a grant to (or enters into a contract with) a national
nonprofit entity with expertise in pulmonary hypertension to
establish and administer a national Pulmonary Hypertension
Preceptorship and Training Program (in this section referred to
as the `program').
``(2) Purpose.--The program shall facilitate the direct
education and training of medical professionals (including
cardiologists, pulmonologists, rheumatologists, and primary
care physicians) by experienced pulmonary hypertension
specialists in clinical settings. The purpose of the program is
to increase the number of physicians in the United States
trained to effectively diagnosis, treat, and manage pulmonary
hypertension.
``(3) Regional training sites.--To carry out the purpose of
the program described in paragraph (2), the entity awarded the
grant (or contract) under paragraph (1) shall under the program
facilitate the creation of no fewer than five regional training
sites across the United States at academic health centers,
hospitals, or private medical practices recognized for their
expertise in pulmonary hypertension.
``(4) Regional site contacts.--Under the program--
``(A) each regional training site shall identify a
site contact; and
``(B) the Director shall specify a percentage of
the grant funds required to be allocated for purposes
of providing each such site contact with a stipend.
``(5) Participant recruitment and program guidelines.--The
nonprofit entity awarded the grant (or contract) under
paragraph (1) shall establish mechanisms for identifying and
enrolling interested health professionals in the program. The
nonprofit entity shall also work with the regional training
sites under paragraph (3) and the Institute to establish model
guidelines for the program.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through 2012.''.
SEC. 4. INCREASING PUBLIC AWARENESS OF PULMONARY HYPERTENSION.
(a) Pulmonary Hypertension Education Program.--The Secretary of
Health and Human Services, acting through the Director of the Centers
for Disease Control and Prevention, shall develop and disseminate to
the public information regarding pulmonary hypertension, including
materials on--
(1) basic information on pulmonary hypertension and its
symptoms;
(2) the incidence and prevalence of pulmonary hypertension;
(3) diseases and conditions that can lead to pulmonary
hypertension as a secondary diagnosis;
(4) the importance of early diagnosis; and
(5) the availability, as medically appropriate, of a range
of treatment options and pulmonary hypertension.
(b) Dissemination of Information.--The Secretary of Health and
Human Services shall disseminate information under subsection (a)
through arrangements with a national non-profit entity with expertise
in pulmonary hypertension.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through 2012.
SEC. 5. DISSEMINATION OF INFORMATION TO HEALTH PROFESSIONALS ON
PULMONARY HYPERTENSION.
(a) Dissemination of Information.--The Secretary of Health and
Human Services, acting through the Administrator of the Health
Resources and Services Administration and the Director of the Centers
for Disease Control and Prevention, shall develop and disseminate to
health care providers information on pulmonary hypertension for the
purpose of ensuring that providers remain informed about the disease,
its presenting symptoms, and current treatment options. Such
information shall include material on the warning signs of pulmonary
hypertension, the importance of early diagnosis, diagnostic criteria,
and therapies approved by the Food and Drug Administration for the
disease. Such health care providers shall include cardiologists,
pulmonologists, rheumatologists, primary care physicians,
pediatricians, and nurse practitioners.
(b) Dissemination of Information.--The Secretary of Health and
Human Services shall disseminate information under subsection (a)
through arrangements with a national non-profit entity with expertise
in pulmonary hypertension.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through 2012.
SEC. 6 STUDY BY GOVERNMENT ACCOUNTABILITY OFFICE ON MEDICARE AND
MEDICAID COVERAGE STANDARDS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the coverage standards that, under the Medicare
program under title XVIII of the Social Security Act and the Medicaid
program under title XIX of such Act, apply to individuals with
pulmonary hypertension. The study shall detail coverage standards under
such programs for all therapies approved by the Food and Drug
Administration for the treatment of pulmonary hypertension. The study
shall take into account appropriate outpatient or home health care
delivery settings for delivery of such services.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report describing the findings of the study under subsection (a).
|
Pulmonary Hypertension Research and Education Act of 2007 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the Institute's pulmonary hypertension research activities.
Requires the Director to establish a Pulmonary Hypertension Clinical Research Network to conduct clinical trials to evaluate new treatment approaches for pulmonary hypertension and facilitate collaboration among investigators with expertise in pulmonary hypertension. Directs the network to include: (1) a steering committee; and (2) an Institute project scientist.
Provides for the establishment of a national Pulmonary Hypertension Preceptorship and Training Program to facilitate the direct education and training of medical professionals by experienced pulmonary hypertension specialists in clinical settings.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding pulmonary hypertension.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of CDC, to develop and disseminate to health care providers information on pulmonary hypertension to ensure that providers remain informed about the disease, its presenting symptoms, and current treatment options.
Requires the Comptroller General to conduct a study on the coverage standards that apply to individuals with pulmonary hypertension under Medicare and Medicaid.
|
{"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a pulmonary hypertension clinical research network, to expand pulmonary hypertension research and training, and for other purposes."}
| 2,830 | 305 | 0.438105 | 1.320816 | 0.775808 | 4.427419 | 10.379032 | 0.951613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wire Transfer Fairness and
Disclosure Act of 2002''.
SEC. 2. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL
MONEY TRANSFERS.
(a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693
et seq.) is amended--
(1) by redesignating sections 918 through 921 as sections
919 through 922, respectively; and
(2) by inserting after section 917 the following new
section:
``SEC. 918. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH
INTERNATIONAL MONEY TRANSFERS.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) International money transfer.--The term
`international money transfer' means any money transmitting
service involving an international transaction which is
provided by a financial institution or a money transmitting
business.
``(2) Money transmitting service.--The term `money
transmitting service' has the same meaning as in section
5330(d)(2) of title 31, United States Code.
``(3) Money transmitting business.--The term `money
transmitting business' means any business which--
``(A) provides check cashing, currency exchange, or
money transmitting or remittance services, or issues or
redeems money orders, travelers' checks, or other
similar instruments; and
``(B) is not a depository institution (as defined
in section 5313(g) of title 31, United States Code).
``(b) Exchange Rate and Fees Disclosures Required.--
``(1) In general.--Any financial institution or money
transmitting business which initiates an international money
transfer on behalf of a consumer (whether or not the consumer
maintains an account at such institution or business) shall
disclose, in the manner required under this section--
``(A) the exchange rate used by the financial
institution or money transmitting business in
connection with such transaction;
``(B) the exchange rate prevailing at a major
financial center of the foreign country whose currency
is involved in the transaction, as of the close of
business on the business day immediately preceding the
date of the transaction (or the official exchange rate,
if any, of the government or central bank of such
foreign country);
``(C) all commissions and fees charged by the
financial institution or money transmitting business in
connection with such transaction; and
``(D) the exact amount of foreign currency to be
received by the recipient in the foreign country, which
shall be disclosed to the consumer before the
transaction is consummated and printed on the receipt
referred to in paragraph (3).
``(2) Prominent disclosure inside and outside the place of
business where an international money transfer is initiated.--
The information required to be disclosed under subparagraphs
(A), (B), and (C) of paragraph (1) shall be prominently
displayed on the premises of the financial institution or money
transmitting business both at the interior location to which
the public is admitted for purposes of initiating an
international money transfer, and on the exterior of any such
premises.
``(3) Prominent disclosure in all receipts and forms used
in the place of business where an international money transfer
is initiated.--All information required to be disclosed under
paragraph (1) shall be prominently displayed on all forms and
receipts used by the financial institution or money
transmitting business when initiating an international money
transfer in such premises.
``(c) Advertisements in Print, Broadcast, and Electronic Media and
Outdoor Advertising.--The information required to be disclosed under
subparagraphs (A) and (C) of subsection (b)(1) shall be included--
``(1) in any advertisement, announcement, or solicitation
which is mailed by the financial institution or money
transmitting business and pertains to international money
transfers; or
``(2) in any print, broadcast, or electronic medium or
outdoor advertising display not on the premises of the
financial institution or money transmitting business and
pertaining to international money transfers.
``(d) Disclosures in Languages Other Than English.--The disclosures
required under this section shall be in English and in the same
language as that principally used by the financial institution or money
transmitting business, or any of its agents, to advertise, solicit, or
negotiate, either orally or in writing, at that office, if other than
English.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 3 months after the date of enactment of this Act.
|
Wire Transfer Fairness and Disclosure Act of 2002 - Amends the Electronic Fund Transfer Act to require that the following disclosures be prominently displayed on the premises of a money transmitting business which initiates an international money transfer for a consumer: (1) the exchange rate used in connection with such transaction; (2) the exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction; (3) all commissions and fees charged in connection with such transaction; and (4) the exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated.Requires further that such disclosures be prominently revealed in advertisements and receipts used by the business, and in the same language as that principally used by the business to advertise, solicit, or negotiate, at that office, if other than English.
|
{"src": "billsum_train", "title": "A bill to amend the Electronic Fund Transfer Act to require additional disclosures relating to exchange rates in transfers involving international transactions."}
| 1,018 | 192 | 0.62733 | 1.912516 | 0.863579 | 4.786127 | 5.398844 | 0.959538 |
SECTION 1. IDENTIFICATION OF ILLEGAL ALIENS WHO CONSUME HEALTH
RESOURCES.
(a) Requirement of Disclosure.--
(1) In general.--Each Federally-subsidized health care
provider (as defined in subsection (d)(1)) that provides health
care services described in paragraph (2) to an alien whom the
provider knows, or has reason to believe, is not lawfully
present in the United States shall report to an officer or
employee of the Immigration and Naturalization Service
specified by the Attorney General such information relating to
the identity of the alien as the Attorney General specifies.
The information shall be reported at or before the time of
providing such services.
(2) Health care services described.--The health care
services described in this paragraph are health care items and
services furnished in the United States--
(A) by a tax-exempt health care provider, or
(B) for which payment may be made under a Federal
health care program.
(3) Enforcement.--
(A) Tax-exempt health care providers.--If the
Attorney General determines a tax-exempt health care
provider has failed to report information under
paragraph (1) in a timely manner, the Attorney General
shall notify the Secretary of the Treasury, who shall
suspend the provider's exemption from taxes under
section 501 of the Internal Revenue Code of 1986 for a
period of not less than 2 years.
(B) Health care providers receiving funds under
federal health care programs.--If the Attorney General
determines a health care provider receiving payments
under a Federal health care program has failed to
report information under paragraph (1) in a timely
manner, the Attorney General shall notify the Secretary
of Health and Human Services or other Federal official
responsible for the payment of funds under the program,
who shall (directly or through notice to the State or
other official making payments to the provider)
disqualify the provider from payments under the program
for a period of not less than 2 years.
(C) Notice and hearing.--The Attorney General shall
not make a determination under this paragraph with
respect to a health care provider except after giving
the provider notice and opportunity for a hearing on
the determination.
(4) Priority in deportation.--The Attorney General shall
give priority in enforcing deportation provisions of the
Immigration and Nationality Act to the deportation of aliens
who have been identified under this subsection as being
provided health care services at public expense.
(b) Assuring Payment by Foreign Countries.--
(1) In general.--Each Federally-subsidized health care
provider that provides health care items and services in the
United States to an alien who--
(A) is not lawfully present in the United States,
and
(B) fails to provide for payment on a timely basis
for any amounts owed for such services,
shall provide the Secretary of Health and Human Services with
such information regarding the nationality of the alien, the
items and services involved, and the payment amounts owing as
the Secretary may specify in order to carry out this
subsection.
(2) Notice to foreign country.--In the case of an alien who
is a national of a foreign country and who is identified under
paragraph (1), the Secretary shall provide notice to the
foreign country of the payment amounts owing and the
withholding provisions of paragraph (3).
(3) Withholding of assistance for amounts owed.--Of the
funds made available for a foreign country under part I of the
Foreign Assistance Act of 1961, an amount equivalent to 110
percent of the total amounts identified under paragraph (1) as
owing under this subsection on behalf of aliens who are
nationals of the foreign country shall be withheld from
obligation for such country until the Secretary certifies and
reports in writing to the Congress that such amounts are fully
paid.
(c) Override of Alien Shield Laws.--
(1) Federal law.--No Federal law shall prevent a Federally-
subsidized health care provider from disclosing to employees
and officers of the Immigration and Naturalization Service the
identity of individuals who appear to be aliens unlawfully in
the United States and who receive health care services from
such a provider.
(2) State law.--As a condition for the receipt of Federal
funds under title XIX of the Social Security Act and under the
Public Health Service Act for fiscal years beginning with the
first fiscal year that begins more than 2 years after the date
of the enactment of this Act, each State shall repeal or
otherwise override any State law that has the effect of
preventing a Federally-subsidized health care provider from
making a disclosure described in paragraph (1).
(d) Definitions.--Except as otherwise specifically provided, in
this section:
(1) Federally-subsidized health care provider.--The term
``Federally-subsidized health care provider'' means a health
care provider that--
(A) is a tax-exempt health care provider,
(B) receives payments under a Federal health care
program (as defined in paragraph (2)).
(2) Federal health care program.--The term ``Federal health
care program'' includes--
(A) the medicare program under title XVIII of the
Social Security Act,
(B) the medicaid program under title XIX of such
Act,
(C) the maternal and child health program under
title V of such Act, and
(D) programs under the Public Health Service Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) State.--The term ``State'' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.
(5) Tax-exempt health care provider.--The term ``tax-exempt
health care provider'' means a health care provider described
in section 501(c)(3) of the Internal Revenue Code of 1986.
(e) Effective Date.--
(1) In general.--Except as provided in this subsection, the
provisions of this Act shall take effect on the first day of
the first month beginning more than 90 days after the date of
the enactment of this Act.
(2) State laws.--In the case of a State which the Secretary
determines requires State legislation in order to meet the
condition described in subsection (c)(2), the State plan of
medical assistance under title XIX of the Social Security Act
shall not be regarded as failing to comply with such condition
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
|
Requires: (1) each federally-subsidized health care provider that provides health care services to an illegal alien to identify such person to the Immigration and Naturalization Service; (2) the Attorney General to give such alien deportation priority; and (3) withholding of specified U.S. assistance to such alien's home country to cover the cost of any unpaid health services.
|
{"src": "billsum_train", "title": "To identify illegal aliens who consume scarce health care resources in the United States and who do not pay for such care and to seek reimbursement for this care from the home government of the aliens."}
| 1,475 | 79 | 0.586542 | 1.455992 | 0.863917 | 2.239437 | 19.309859 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amy, Vicky, and Andy Child
Pornography Victim Assistance Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The demand for child pornography harms children because it
drives production, which involves severe child sexual abuse and
exploitation.
(2) The harms caused by child pornography begin, but do not
end, with child sex assault because child pornography is a
permanent record of that abuse and trafficking in those images
compounds the harm to the child.
(3) In Paroline v. United States (2014), the Supreme Court
recognized that ``every viewing of child pornography is a
repetition of the victim's abuse''.
(4) The American Professional Society on the Abuse of Children
has stated that for victims of child pornography, ``the sexual
abuse of the child, the memorialization of that abuse which becomes
child pornography, and its subsequent distribution and viewing
become psychologically intertwined and each compound the harm
suffered by the child-victim''.
(5) Victims suffer continuing and grievous harm as a result of
knowing that a large, indeterminate number of individuals have
viewed and will in the future view images of their childhood sexual
abuse. Harms of this sort are a major reason that child pornography
is outlawed.
(6) The unlawful collective conduct of every individual who
reproduces, distributes, or possesses the images of a victim's
childhood sexual abuse plays a part in sustaining and aggravating
the harms to that individual victim.
(7) It is the intent of Congress that victims of child
pornography be compensated for the harms resulting from every
perpetrator who contributes to their anguish. Such an aggregate
causation standard reflects the nature of child pornography and the
unique ways that it actually harms victims.
SEC. 3. DETERMINING RESTITUTION.
(a) Determining Restitution.--Section 2259(b) of title 18, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The order'' and inserting ``Except as
provided in paragraph (2), the order''; and
(B) by striking ``as determined by the court pursuant to
paragraph (2)'' after ``of the victim's losses'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
``(2) Restitution for trafficking in child pornography.--If the
defendant was convicted of trafficking in child pornography, the
court shall order restitution under this section in an amount to be
determined by the court as follows:
``(A) Determining the full amount of a victim's losses.--
The court shall determine the full amount of the victim's
losses that were incurred or are reasonably projected to be
incurred by the victim as a result of the trafficking in child
pornography depicting the victim.
``(B) Determining a restitution amount.--After completing
the determination required under subparagraph (A), the court
shall order restitution in an amount that reflects the
defendant's relative role in the causal process that underlies
the victim's losses, but which is no less than $3,000.
``(C) Termination of payment.--A victim's total aggregate
recovery pursuant to this section shall not exceed the full
amount of the victim's demonstrated losses. After the victim
has received restitution in the full amount of the victim's
losses as measured by the greatest amount of such losses found
in any case involving that victim that has resulted in a final
restitution order under this section, the liability of each
defendant who is or has been ordered to pay restitution for
such losses to that victim shall be terminated. The court may
require the victim to provide information concerning the amount
of restitution the victim has been paid in other cases for the
same losses.''.
(b) Additional Definitions.--Section 2259(c) of title 18, United
States Code, is amended--
(1) in the heading, by striking ``Definition'' and inserting
``Definitions'';
(2) by striking ``For purposes'' and inserting the following:
``(4) Victim.--For purposes'';
(3) by striking ``under this chapter, including, in the case''
and inserting ``under this chapter. In the case'';
(4) by inserting after ``or any other person appointed as
suitable by the court,'' the following: ``may assume the crime
victim's rights under this section,''; and
(5) by inserting before paragraph (4), as so designated, the
following:
``(1) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography production'
means conduct proscribed by subsections (a) through (c) of section
2251, section 2251A, section 2252A(g) (in cases in which the series
of felony violations involves at least 1 of the violations listed
in this subsection), section 2260(a), or any offense under chapter
109A or chapter 117 that involved the production of child
pornography (as such term is defined in section 2256).
``(2) Full amount of the victim's losses.--For purposes of this
subsection, the term `full amount of the victim's losses' includes
any costs incurred, or that are reasonably projected to be incurred
in the future, by the victim, as a proximate result of the offenses
involving the victim, and in the case of trafficking in child
pornography offenses, as a proximate result of all trafficking in
child pornography offenses involving the same victim, including--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) necessary transportation, temporary housing, and
child care expenses;
``(D) lost income;
``(E) reasonable attorneys' fees, as well as other costs
incurred; and
``(F) any other relevant losses incurred by the victim.
``(3) Trafficking in child pornography.--For purposes of this
section and section 2259A, the term `trafficking in child
pornography' means conduct proscribed by section 2251(d), 2252,
2252A(a)(1) through (5), 2252A(g)(in cases in which the series of
felony violations exclusively involves violations of section
2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 2260(b).''.
(c) Clerical Amendment.--Section 1593(b)(3) of title 18, United
States Code, is amended by striking ``section 2259(b)(3)'' and
inserting ``section 2259(c)(2)''.
SEC. 4. DEFINED MONETARY ASSISTANCE.
Section 2259 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Defined Monetary Assistance.--
``(1) Defined monetary assistance made available at victim's
election.--
``(A) Election to receive defined monetary assistance.--
Subject to paragraphs (2) and (3), when a defendant is
convicted of trafficking in child pornography, any victim of
that trafficking in child pornography may choose to receive
defined monetary assistance from the Child Pornography Victims
Reserve established under section 1402(d)(6) of the Victims of
Crime Act of 1984 (34 U.S.C. 20101(d)).
``(B) Finding.--To be eligible for defined monetary
assistance under this subsection, a court shall determine
whether the claimant is a victim of the defendant who was
convicted of trafficking in child pornography.
``(C) Order.--If a court determines that a claimant is a
victim of trafficking in child pornography under subparagraph
(B) and the claimant chooses to receive defined monetary
assistance, the court shall order payment in accordance with
subparagraph (D) to the victim from the Child Pornography
Victims Reserve established under section 1402(d)(6) of the
Victims of Crime Act of 1984.
``(D) Amount of defined monetary assistance.--The amount of
defined monetary assistance payable under this subparagraph
shall be equal to--
``(i) for the first calendar year after the date of
enactment of this subsection, $35,000; and
``(ii) for each calendar year after the year described
in clause (i), $35,000 multiplied by the ratio (not less
than one) of--
``(I) the Consumer Price Index for all Urban
Consumers (CPI-U, as published by the Bureau of Labor
Statistics of the Department of Labor) for the calendar
year preceding such calendar year; to
``(II) the CPI-U for the calendar year 2 years
before the calendar year described in clause (i).
``(2) Limitations on defined monetary assistance.--
``(A) In general.--A victim may only obtain defined
monetary assistance under this subsection once.
``(B) Effect on recovery of other restitution.--A victim
who obtains defined monetary assistance under this subsection
shall not be barred or limited from receiving restitution
against any defendant for any offenses not covered by this
section.
``(C) Deduction.--If a victim who received defined monetary
assistance under this subsection subsequently seeks restitution
under this section, the court shall deduct the amount the
victim received in defined monetary assistance when determining
the full amount of the victim's losses.
``(3) Limitations on eligibility.--A victim who has collected
payment of restitution pursuant to this section in an amount
greater than the amount provided for under paragraph (1)(D) shall
be ineligible to receive defined monetary assistance under this
subsection.
``(4) Attorney fees.--
``(A) In general.--An attorney representing a victim
seeking defined monetary assistance under this subsection may
not charge, receive, or collect, and the court may not approve,
any payment of fees and costs that in the aggregate exceeds 15
percent of any payment made under this subsection.
``(B) Penalty.--An attorney who violates subparagraph (A)
shall be fined under this title, imprisoned not more than 1
year, or both.''.
SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES.
(a) Assessments in Child Pornography Cases.--Chapter 110 of title
18, United States Code, is amended by inserting after section 2259 the
following:
``Sec. 2259A. Assessments in child pornography cases
``(a) In General.--In addition to any other criminal penalty,
restitution, or special assessment authorized by law, the court shall
assess--
``(1) not more than $17,000 on any person convicted of an
offense under section 2252(a)(4) or 2252A(a)(5);
``(2) not more than $35,000 on any person convicted of any
other offense for trafficking in child pornography; and
``(3) not more than $50,000 on any person convicted of a child
pornography production offense.
``(b) Annual Adjustment.--The dollar amounts in subsection (a)
shall be adjusted annually in conformity with the Consumer Price Index.
``(c) Factors Considered.--In determining the amount of the
assessment under subsection (a), the court shall consider the factors
set forth in sections 3553(a) and 3572.
``(d) Imposition and Implementation.--
``(1) In general.--The provisions of subchapter C of chapter
227 (other than section 3571) and subchapter B of chapter 229
(relating to fines) apply to assessments under this section, except
that paragraph (2) applies in lieu of any contrary provisions of
law relating to fines or disbursement of money received from a
defendant.
``(2) Effect on other penalties.--Imposition of an assessment
under this section does not relieve a defendant of, or entitle a
defendant to reduce the amount of any other penalty by the amount
of the assessment. Any money received from a defendant shall be
disbursed so that each of the following obligations is paid in full
in the following sequence:
``(A) A special assessment under section 3013.
``(B) Restitution to victims of any child pornography
production or trafficking offense that the defendant committed.
``(C) An assessment under this section.
``(D) Other orders under any other section of this title.
``(E) All other fines, penalties, costs, and other payments
required under the sentence.''.
(b) Child Pornography Victims Reserve.--Section 1402(d) of the
Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended by adding
at the end the following:
``(6)(A) The Director may set aside up to $10,000,000 of the
amounts remaining in the Fund in any fiscal year after distributing
the amounts under paragraphs (2), (3), and (4), in a Child
Pornography Victims Reserve, which may be used by the Attorney
General for payments under section 2259(d) of title 18, United
States Code.
``(B) Amounts in the reserve may be carried over from fiscal
year to fiscal year, but the total amount of the reserve shall not
exceed $10,000,000. Notwithstanding subsection (c) and any
limitation on Fund obligations in any future Act, unless the same
should expressly refer to this section, any such amounts carried
over shall not be subject to any limitation on obligations from
amounts deposited to or available in the Fund.''.
(c) Child Pornography Victims Reserve.--Chapter 110 of title 18,
United States Code, is amended by inserting after section 2259A, as
added by subsection (a), the following:
``Sec. 2259B. Child pornography victims reserve
``(a) Deposits Into the Reserve.--Notwithstanding any other
provision of law, there shall be deposited into the Child Pornography
Victims Reserve established under section 1402(d)(6) of the Victims of
Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under
section 2259A and any gifts, bequests, or donations to the Child
Pornography Victims Reserve from private entities or individuals.
``(b) Availability for Defined Monetary Assistance.--Amounts in the
Child Pornography Victims Reserve shall be available for payment of
defined monetary assistance pursuant to section 2259(d). If at any time
the Child Pornography Victims Reserve has insufficient funds to make
all of the payments ordered under section 2259(d), the Child
Pornography Victims Reserve shall make such payments as it can satisfy
in full from available funds. In determining the order in which such
payments shall be made, the Child Pornography Victims Reserve shall
make payments based on the date they were ordered, with the earliest-
ordered payments made first.
``(c) Administration.--The Attorney General shall administer the
Child Pornography Victims Reserve and shall issue guidelines and
regulations to implement this section.
``(d) Sense of Congress.--It is the sense of Congress that
individuals who violate this chapter prior to the date of the enactment
of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of
2018, but who are sentenced after such date, shall be subject to the
statutory scheme that was in effect at the time the offenses were
committed.''.
(d) Clerical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by inserting after the item
relating to section 2259 the following:
``2259A. Assessments in child pornography cases
``2259B. Child pornography victims reserve''.
SEC. 6. CHILD PORNOGRAPHY VICTIM'S RIGHT TO EVIDENCE.
Section 3509(m) of title 18, United States Code, is amended by
adding at the end the following:
``(3) In any criminal proceeding, a victim, as defined under
section 2259(c)(4), shall have reasonable access to any property or
material that constitutes child pornography, as defined under
section 2256(8), depicting the victim, for inspection, viewing, and
examination at a Government facility or court, by the victim, his
or her attorney, and any individual the victim may seek to qualify
to furnish expert testimony, but under no circumstances may such
child pornography be copied, photographed, duplicated, or otherwise
reproduced. Such property or material may be redacted to protect
the privacy of third parties.''.
SEC. 7. CLERICAL AMENDMENTS.
(a) Expansion of Civil Remedies for Satisfaction of an Unpaid
Fine.--Section 3613(c) of title 18, United States Code, is amended by
inserting ``an assessment imposed pursuant to section 2259A of this
title,'' after ``pursuant to the provisions of subchapter C of chapter
227 of this title,''.
(b) Clarification of Interstate or Foreign Commerce Provision
Regarding Certain Activities Pertaining to Child Pornography.--Section
2252A (a)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``using any means or facility of interstate
or foreign commerce'' and inserting ``has been''; and
(B) by inserting ``using any means or facility of
interstate or foreign commerce or'' after ``child
pornography''; and
(2) in subparagraph (B)--
(A) by striking ``using any means or facility of interstate
or foreign commerce'' and inserting ``has been''; and
(B) by inserting ``using any means or facility of
interstate or foreign commerce or'' after ``child
pornography''.
(c) Clarification of the Definition of ``Sexually Explicit
Conduct''.--Section 2256(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A)(v)--
(A) by inserting ``anus,'' before ``genitals''; and
(B) by inserting a comma after ``genitals''; and
(2) in subparagraph (B)(iii)--
(A) by inserting ``anus,'' before ``genitals''; and
(B) by inserting a comma after ``genitals''.
SEC. 8. REPORTS.
Not later than 2 years after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the progress of
the Department of Justice in implementing the amendments made by
sections 3 through 5, and shall include an assessment of the funding
levels for the Child Pornography Victims Reserve.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017 (Sec. 3) This bill amends the federal criminal code to modify procedures for determining the amount of mandatory restitution in child pornography cases. If a defendant is convicted of trafficking in child pornography, then the court must order mandatory restitution in an amount which is between $3,000 and 1% of the full amount of the victim's losses. The full amount of the victim's losses includes costs incurred as a proximate result of all trafficking in child pornography offenses involving the same victim. (Sec. 4) If a defendant is convicted of child pornography production, then a victim of the offense may elect to receive a one-time payment in the amount of $35,000 (adjusted for inflation) from a Child Pornography Victims Reserve, subject to limitations. (Sec. 5) The bill amends the Victims of Crime Act of 1984 to establish the Child Pornography Victims Reserve within the Crime Victims Fund. Courts must impose additional assessments on persons convicted of child pornography offenses, and the additional assessments must be deposited into the Child Pornography Victims Reserve. (Sec. 6) In a criminal proceeding, a victim of a child pornography offense must have access to the pornographic material depicting the victim for inspection, viewing, and examination by the victim, his or her attorney, and potential expert witnesses.
|
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rabbi Michoel Ber Weissmandl
Congressional Gold Medal Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rabbi Michoel Ber Weissmandl was born in Hungary on
October 25, 1903, later moving to Slovakia to study under Rabbi
Shumel Dvoid Ungar in Nitra.
(2) During his time in Nitra, he quickly became a senior
figure within the local Jewish community and Yeshiva.
(3) Weissmandl was responsible for some of the daring
efforts to save the Jewish people of Slovakia from the
Holocaust, which include the establishment of a ``Working
Group'', an underground organization that raised funds to
negotiate ransom with German and Slovakian officials in order
to delay mass deportations.
(4) During the Nazi regime, Weissmandl used his contacts
from England to obtain visas, becoming one of the first to
actively protect people of Jewish ancestry in Europe.
(5) Weissmandl also wrote telegrams to generate awareness
of the Jewish people's plight and encouraged other strategic
approaches to stop the Holocaust, including the bombing of
railroad tunnels to prevent the transportation of persons to
concentration camps.
(6) Weissmandl established a Working Group--a wide variety
of people from different political and ideological spectrums--
whose common goal was to save people from the ``Final
Solution''.
(7) The Working Group was one of the first to document in
writing the accounts of Auschwitz Escapees in a document widely
referred to as the ``Auschwitz Protocols''.
(8) Weissmandl himself later translated the initial
documentation from German to Hebrew and included a widely known
addendum that pleaded for action.
(9) Weissmandl wrote the first known appeal for the use of
Allied air resources to disrupt the Holocaust.
(10) In 1942 when Slovakia started deportation for
``resettlement'', Rabbi Weissmandl was the first to inform the
Working Group that people were being murdered and not sent to
work as originally claimed.
(11) Rabbi Weissmandl also played an instrumental role in
Solomon Schoenfeld Kindertransport rescue, helping save
hundreds of lives.
(12) Rabbi Weissmandl came to America and in 1945
immediately got to work to establish a home and Yeshiva for
Holocaust survivors. The Yeshiva of Nitra he established in
Mount Kisco, New York, was the first Yeshiva campus in America
and became and example that other institutions followed.
(13) Rabbi Weissmandl has significantly influenced the
flourishing communities of Talmudic scholars in Brooklyn, New
York, and generally across the United States.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design, to Rabbi Michoel Ber Weissmandl
in recognition of his acts of valor during World War II.
(b) Participation by Weissmandl Committee.--For the purpose of the
presentation referred to in subsection (a), the Speaker and President
pro tempore shall ensure that the Weissmandl Committee may accept the
medal on behalf of Michoel Ber Weissmandl.
(c) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury
(hereinafter in this Act referred to as the ``Secretary'') shall strike
a gold medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary.
(d) Transfer of Medal After Presentation.--Following the
presentation of the gold medal in honor of Michoel Ber Weissmandl under
subsection (a), the gold medal shall be given to Samuel Dovid
Weissmandl or, should he not be present, to Rabbi Menachem Meir
Weissmandl.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck pursuant to section 2 at a price sufficient to cover the cost of
the bronze medals (including labor, materials, dies, use of machinery,
and overhead expenses) and the cost of the gold medal.
SEC. 5. NATIONAL MEDAL.
(a) National Medal.--The gold medal struck under this Act is a
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
Passed the House of Representatives November 13, 2018.
Attest:
KAREN L. HAAS,
Clerk.
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Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Rabbi Michoel Ber Weissmandl in recognition of his acts of valor during World War II.
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{"src": "billsum_train", "title": "Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017"}
| 1,128 | 83 | 0.416282 | 1.214264 | 0.14357 | 6.089286 | 16.75 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Government Reimbursement of
Excessive Executive Disbursements (End GREED) Act''.
SEC. 2. STATEMENT OF AUTHORITY.
Congress hereby elects to use its authority under article I,
section 8, clause 4, and article I, section 8, clause 18, of the
Constitution--
(1) to establish a uniform law on bankruptcy that applies
to entities that have received extraordinary financial
assistance from the United States on or after September 1,
2008, and
(2) to authorize the Attorney General of the United States
(hereinafter in this Act referred to as the Attorney General),
after consultation with the Secretary of the Treasury
(hereinafter in this Act referred to as the Secretary)--
(A) to seek recovery of previous excessive payments
of compensation made by such entities after receiving
such assistance, and
(B) to limit excessive payments of compensation to
be made by such entities.
SEC. 3. RECOVERY OF EXCESSIVE COMPENSATION.
(a) Review of Contracts and Payments.--The Attorney General, after
consultation with the Secretary, on behalf of the Government may review
any employment contract made by a recipient entity, and any payment
made on or after September 1, 2008, by a recipient entity to an
employee.
(b) Civil Action for Fraudulent Transfer.--The Attorney General may
commence a civil action in an appropriate district court of the United
States to avoid any payment made by a recipient entity to an employee
(including a payment under an employment contract) that was made on or
after September 1, 2008, if such entity received less than a reasonably
equivalent value in exchange for such payment and such entity--
(1) was insolvent on the date that such payment was made,
not taking into account any--
(A) line of credit,
(B) loan, or
(C) payment in exchange for stock of such entity,
received by such entity from the United States on or after
September 1, 2008, or
(2) was engaged in business or a transaction, or was about
to engage in business or a transaction, for which property
remaining in the recipient entity was an unreasonably small
capital.
For purposes of this subsection, the Attorney General may avoid any
transfer of an interest of a recipient entity in property, or any
obligation incurred by such entity, that is avoidable under applicable
law by a creditor holding an unsecured claim against such entity.
(c) Civil Action To Avoid Contractual Obligations To Pay Excessive
Compensation.--The Attorney General may commence a civil action in an
appropriate district court of the United States to limit the amount of
the compensation paid or payable on or after the date of the enactment
of this Act by a recipient entity under an employment contract if such
compensation is greater than an amount equal to 10 times the amount of
the mean amount of compensation paid or payable to nonmanagement
employees of such entity for any purpose during the calendar year in
which compensation was paid or payable by such entity.
SEC. 4. SUBPOENA AUTHORITY.
The Attorney General is authorized to issue a subpoena requiring
the attendance and testimony of witnesses and the production of
documentary evidence relating to any matter relevant to the
implementation of this Act, including the circumstances surrounding any
employment contract or payment of compensation, which subpoena, in the
case of contumacy or refusal to obey, shall be enforceable by order of
an appropriate district court of the United States.
SEC. 5. RULE OF CONSTRUCTION.
Other than limiting compensation paid or payable under employment
contracts or providing for the recovery of previously paid
compensation, nothing in this Act shall be construed to have any impact
on a recipient entity, its financial status, or the financial status of
its creditors.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``employment contract'' means an employment
contract that provides for the payment of compensation
(including performance or incentive compensation, a bonus of
any kind, or any other financial return designed to replace or
enhance incentive, stock, or other compensation), and
(2) the term ``recipient entity'' means a person (including
any subsidiary of such person) that receives, during any period
beginning on or after September 1, 2008, from the United
States--
(A) a line of credit or a loan,
(B) a payment in exchange for stock of such person
(or such subsidiary), or
(C) any combination of credit, loans, or payments,
that exceeds $10,000,000,000 in the aggregate.
|
End Government Reimbursement of Excessive Executive Disbursements (End GREED) Act - (Sec. 2) Declares that Congress elects to use its constitutional authority to: (1) establish a uniform law on bankruptcy that applies to entities that have received extraordinary financial assistance from the United States on or after September 1, 2008; and (2) authorize the Attorney General, after consultation with the Secretary of the Treasury, to seek recovery of previous excessive payments of compensation made by the entities after receiving such assistance, and limit excessive payments of compensation to be made by them.
(Sec. 3) Authorizes the Attorney General, after consultation with the Secretary of the Treasury, to review: (1) any employment contract made by an entity that received over $10 billion in specified federal financial assistance on or after September 1, 2008; and (2) any payment the entity made to an employee on or after such date.
Authorizes the Attorney General to commence a civil action for fraudulent transfer in U.S. district court to avoid (and recover) any such payment (including a payment under an employment contract), if the entity received less than a reasonably equivalent value in exchange for the payment and it: (1) was insolvent on the payment date, not taking into account the federal assistance it received; or (2) was engaged (or was about to engage) in business or a transaction for which property remaining in the recipient entity was an unreasonably small capital.
Authorizes the Attorney General to avoid any transfer of an interest of a recipient entity in property, or any obligation incurred by such entity, that is avoidable under applicable law by a creditor holding an unsecured claim against such entity.
Authorizes the Attorney General to commence a civil action also to limit the amount of compensation paid or payable on or after enactment of this Act by a recipient entity under an employment contract, if such compensation is greater than 10 times the mean amount of compensation paid or payable to the entity's nonmanagement employees during the calendar year.
(Sec. 4) Grants the Attorney General subpoena authority to compel: (1) attendance and testimony of witnesses; and (2) production of documentary evidence pertinent to implementation of this Act, including the circumstances surrounding any employment contract or payment of compensation.
Makes such a subpoena enforceable by court order in the case of contumacy or refusal to obey.
(Sec. 5) States that this Act shall not be construed to have any impact on a recipient entity, its financial status, or the financial status of its creditors other than: (1) limiting compensation paid or payable under employment contracts; or (2) providing for the recovery of previously paid compensation.
|
{"src": "billsum_train", "title": "To authorize the Attorney General to limit or recover excessive compensation paid or payable by entities that have received Federal financial assistance on or after September 1, 2008."}
| 989 | 574 | 0.777531 | 2.723266 | 0.699095 | 5.131931 | 1.806883 | 0.936902 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Income Tax Assistance
Permanence Act of 2017''.
SEC. 2. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by inserting after section 7526 the following new section:
``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
``(a) Establishment of Volunteer Income Tax Assistance Matching
Grant Program.--The Secretary, through the Internal Revenue Service,
shall establish a Community Volunteer Income Tax Assistance Matching
Grant Program under which the Secretary may, subject to the
availability of appropriated funds, make grants to provide matching
funds for the development, expansion, or continuation of qualified
return preparation programs assisting low-income taxpayers and members
of underserved populations.
``(b) Use of Funds.--
``(1) In general.--Qualified return preparation programs
may use grants received under this section for--
``(A) ordinary and necessary costs associated with
program operation in accordance with cost principles
under the applicable Office of Management and Budget
circular, including--
``(i) wages or salaries of persons
coordinating the activities of the program,
``(ii) developing training materials,
conducting training, and performing quality
reviews of the returns prepared under the
program,
``(iii) equipment purchases, and
``(iv) vehicle-related expenses associated
with remote or rural tax preparation services,
``(B) outreach and educational activities described
in subsection (c)(2)(B), and
``(C) services related to financial education and
capability, asset development, and the establishment of
savings accounts in connection with tax return
preparation.
``(2) Use of grants for overhead expenses prohibited.--No
grant received under this section may be used for overhead
expenses that are not directly related to a qualified return
preparation program.
``(c) Application.--
``(1) In general.--Each applicant for a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications which
demonstrate--
``(A) assistance to low-income taxpayers, with
emphasis on outreach to, and services for, such
taxpayers,
``(B) taxpayer outreach and educational activities
relating to eligibility and availability of income
supports available through the Internal Revenue Code of
1986, including the earned income tax credit, and
``(C) specific outreach and focus on one or more
underserved populations.
``(3) Amounts taken into account.--In determining matching
grants under this section, the Secretary shall only take into
account amounts provided by the qualified return preparation
program for expenses described in subsection (b).
``(d) Accuracy Reviews.--
``(1) In general.--The Secretary shall establish procedures
for, and shall conduct, periodic site visits of qualified
return preparation programs operating under a grant under this
section--
``(A) to ensure such programs are carrying out the
purposes of this section, and
``(B) to determine the return preparation accuracy
rate of the program.
``(2) Additional requirements for grant recipients not
meeting minimum standards.--In the case of any qualified return
preparation program which--
``(A) is awarded a grant under this section, and
``(B) is subsequently determined--
``(i) to have a less than 90 percent
average accuracy rate for preparation of tax
returns, or
``(ii) not to be otherwise carrying out the
purposes of this section,
such program shall not be eligible for any additional grants
under this section unless such program provides sufficient
documentation of corrective measures established to address any
such deficiencies determined.
``(e) Definitions.--For purposes of this section--
``(1) Qualified return preparation program.--The term
`qualified return preparation program' means any program--
``(A) which provides assistance to individuals, not
less than 90 percent of whom are low-income taxpayers,
in preparing and filing Federal income tax returns,
``(B) which is administered by a qualified entity,
``(C) in which all volunteers who assist in the
preparation of Federal income tax returns meet the
training requirements prescribed by the Secretary, and
``(D) which uses a quality review process which
reviews 100 percent of all returns.
``(2) Qualified entity.--
``(A) In general.--The term `qualified entity'
means any entity which--
``(i) is an eligible organization,
``(ii) is in compliance with Federal tax
filing and payment requirements,
``(iii) is not debarred or suspended from
Federal contracts, grants, or cooperative
agreements, and
``(iv) agrees to provide documentation to
substantiate any matching funds provided
pursuant to the grant program under this
section.
``(B) Eligible organization.--The term `eligible
organization' means--
``(i) an institution of higher education
which is described in section 102 (other than
subsection (a)(1)(C) thereof) of the Higher
Education Act of 1965 (20 U.S.C. 1002), as in
effect on the date of the enactment of this
section, and which has not been disqualified
from participating in a program under title IV
of such Act,
``(ii) an organization described in section
501(c) and exempt from tax under section
501(a),
``(iii) a local government agency,
including--
``(I) a county or municipal
government agency, and
``(II) an Indian tribe, as defined
in section 4(13) of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103(13)), including any tribally
designated housing entity (as defined
in section 4(22) of such Act (25 U.S.C.
4103(22))), tribal subsidiary,
subdivision, or other wholly owned
tribal entity,
``(iv) a local, State, regional, or
national coalition (with one lead organization
which meets the eligibility requirements of
clause (i), (ii), or (iii) acting as the
applicant organization), or
``(v) in the case of a targeted population
or community with respect to which no
organizations described in the preceding
clauses are available--
``(I) a State government agency, or
``(II) an office providing
Cooperative Extension services (as
established at the land-grant colleges
and universities under the Smith-Lever
Act of May 8, 1914).
``(3) Low-income taxpayers.--The term `low-income taxpayer'
means a taxpayer whose income for the taxable year does not
exceed an amount equal to the completed phaseout amount under
section 32(b) for a married couple filing a joint return with 3
or more qualifying children, as determined in a revenue
procedure or other published guidance.
``(4) Underserved population.--The term `underserved
population' includes populations of persons with disabilities,
persons with limited English proficiency, Native Americans,
individuals living in rural areas, members of the Armed Forces
and their spouses, and the elderly.
``(f) Special Rules and Limitations.--
``(1) Duration of grants.--Upon application of a qualified
return preparation program, the Secretary is authorized to
award a multi-year grant not to exceed 3 years.
``(2) Aggregate limitation.--Unless otherwise provided by
specific appropriation, the Secretary shall not allocate more
than $30,000,000 per fiscal year (exclusive of costs of
administering the program) to grants under this section.
``(g) Promotion and Referral.--
``(1) Promotion.--The Secretary shall promote tax
preparation through qualified return preparation programs
through the use of mass communications, referrals, and other
means.
``(2) Internal revenue service referrals.--The Secretary
may refer taxpayers to qualified return preparation programs
receiving grants under this section.
``(3) VITA grantee referral.--Qualified return preparation
programs receiving a grant under this section are encouraged to
refer, as appropriate, to local or regional Low Income Taxpayer
Clinics individuals who are eligible for such clinics.''.
(b) Clerical Amendment.--The table of sections for chapter 77 is
amended by inserting after the item relating to section 7526 the
following new item:
``7526A. Return preparation programs for low-income taxpayers.''.
|
Volunteer Income Tax Assistance Permanence Act of 2017 This bill directs the Internal Revenue Service (IRS) to establish a Community Volunteer Income Tax Assistance Matching Grant Program to provide matching funds for the development, expansion, or continuation of tax preparation programs to assist low-income taxpayers and members of underserved populations. Unless otherwise provided by a specific appropriation, the IRS may not allocate more than $30 million per fiscal year (exclusive of costs of administering the program) for the program.
|
{"src": "billsum_train", "title": "Volunteer Income Tax Assistance Permanence Act of 2017"}
| 1,936 | 106 | 0.597681 | 1.50603 | 0.90852 | 4.554348 | 19.445652 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Monitoring Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Covered state.--The term ``covered State'' means a
State that receives funding under the Harold Rogers
Prescription Drug Monitoring Program established under the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2002 (Public Law 107-77;
115 Stat. 748) or the controlled substance monitoring program
under section 399O of the Public Health Service Act (42 U.S.C.
280g-3).
(3) Dispenser.--The term ``dispenser''--
(A) means a person licensed or otherwise authorized
by a State to deliver a prescription drug product to a
patient or an agent of the patient; and
(B) does not include a person involved in oversight
or payment for prescription drugs.
(4) PDMP.--The term ``PDMP'' means a prescription drug
monitoring program.
(5) Practitioner.--The term ``practitioner'' means a
practitioner registered under section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or
dispense controlled substances.
(6) State.--The term ``State'' means each of the several
States and the District of Columbia.
SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS.
(a) In General.--Beginning 2 years after the date of enactment of
this Act, each covered State shall require--
(1) each prescribing practitioner within the covered State
or their designee, who shall be licensed or registered
healthcare professionals or other employees who report directly
to the practitioner, to consult the PDMP of the covered State
before initiating treatment with a prescription for a
controlled substance listed in schedule II, III, or IV of
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), and every 3 months thereafter as long as the treatment
continues;
(2) the PDMP of the covered State to provide proactive
notification to a practitioner when patterns indicative of
controlled substance misuse, including opioid misuse, are
detected;
(3) each dispenser within the covered State to report each
prescription for a controlled substance dispensed by the
dispenser to the PDMP not later than 24 hours after the
controlled substance is dispensed to the patient;
(4) that the PDMP make available a quarterly de-identified
data set and an annual report for public and private use, which
shall, at a minimum, meet requirements established by the
Attorney General, in coordination with the Secretary of Health
and Human Services; and
(5) that the data contained in the PDMP of the covered
State is made available to other States.
(b) Noncompliance.--If a covered State fails to comply with
subsection (a), the Attorney General or the Secretary of Health and
Human Services, as appropriate, may withhold grant funds from being
awarded to the covered State under the Harold Rogers Prescription Drug
Monitoring Program established under the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled
substance monitoring program under section 399O of the Public Health
Service Act (42 U.S.C. 280g-3).
(c) Data-Sharing Single Technology Solution.--
(1) In general.--For the purpose of assisting States in
complying with subsection (a)(5), the Attorney General, in
coordination with the Secretary of Health and Human Services,
acting through the Comprehensive Opioid Abuse Grant Program
established under section 3021 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797ff), shall
award, on a competitive basis, a grant to an eligible entity to
establish and maintain an inter-State data-sharing single hub
to facilitate the sharing of PDMP data among States and the
accessing of such data by practitioners.
(2) Requirements.--The data-sharing single hub established
under paragraph (1)--
(A) shall--
(i) allow States to retain ownership of the
data submitted by the States;
(ii) provide a source of de-identified data
that can be used for statistical, research, or
educational purposes;
(iii) allow State authorized users to
access data from a PDMP of a covered State
without requiring a user fee; and
(iv) conform with the standards of the
Prescription Monitoring Information Exchange;
and
(B) may not--
(i) distribute, in whole or in part, any
PDMP data without the express written consent
of the PDMP State authority; and
(ii) limit, in whole or in part,
distribution of PDMP data as approved by the
PDMP State authority.
|
Prescription Drug Monitoring Act of 2017 This bill requires a state that receives grant funds under the prescription drug monitoring program (PDMP) or the controlled substance monitoring program to comply with specified requirements, including a requirement to share its PDMP data with other states. The Department of Justice (DOJ) or Department of Health and Human Services may withhold grant funds from a state that fails to comply. To facilitate data sharing among states, the bill directs DOJ to award a grant under the Comprehensive Opioid Abuse Grant Program to establish and maintain a data-sharing hub.
|
{"src": "billsum_train", "title": "Prescription Drug Monitoring Act of 2017"}
| 1,170 | 126 | 0.500602 | 1.351573 | 0.611404 | 2.654206 | 9.411215 | 0.878505 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Fiscal
Responsibility Act of 1996''.
SEC. 2. NON-MONETARY POLICY SPENDING SUBJECT TO CONGRESSIONAL
APPROPRIATIONS.
(a) Determination by Comptroller General.--
(1) In general.--The Comptroller General of the United
States, in consultation with the Board, shall specifically
identify the functions and activities of the Board and of each
Federal reserve bank that are related to the establishment and
conduct of the monetary policy of the United States.
(2) Report.--Not later than April 30, 1997, the Comptroller
General of the United States shall submit a report to the
Congress containing the information referred to in paragraph
(1).
(b) Certain Spending Subject to Appropriations.--After September
30, 1997, all expenditures by the Board or any Federal reserve bank
shall be made only as provided in advance in an appropriations Act,
except that funds to pay expenditures related to the establishment and
conduct of monetary policy, as identified under subsection (a), shall
not be subject to appropriations in advance.
(c) Annual Report.--The Comptroller General of the United States
shall submit an annual report to the Congress on the compliance of the
Federal Reserve System with the requirements of this section.
SEC. 3. TREATMENT OF SURPLUS ACCOUNT.
(a) Termination of Surplus Account Authorization.--
(1) Amendments to the federal reserve act.--Section 7(a) of
the Federal Reserve Act (12 U.S.C. 289) is amended--
(A) in the subsection heading, by striking ``and
Surplus Funds'';
(B) by striking paragraphs (2) and (3);
(C) in paragraph (1)--
(i) by striking ``(1) Stockholder
dividends.--''; and
(ii) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively,
and moving the margins 2 ems to the left; and
(D) in paragraph (2), as redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)''.
(2) Return of funds.--Not later than 30 days after the date
of enactment of this Act, each Federal reserve bank shall
transfer to the Board for transfer to the Secretary of the
Treasury for deposit in the general fund of the Treasury, all
funds held on the date of enactment of this Act by that Federal
reserve bank in a surplus account established under section
7(a) of the Federal Reserve Act (as that section existed on the
day before the date of enactment of this Act).
(b) Determination by Comptroller General.--
(1) In general.--The Comptroller General of the United
States shall determine what percentage, if any, of the net
earnings of the Federal reserve banks should be transferred on
an annual basis to the Secretary of the Treasury for deposit in
the general fund of the Treasury.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General of the United
States shall report its determination under paragraph (1) to
the Congress, together with any recommendations for necessary
legislative action.
SEC. 4. ANNUAL INDEPENDENT AUDITS.
(a) Audit Required.--Each Federal reserve bank shall annually
obtain an audit from an independent auditor using generally accepted
auditing standards.
(b) Auditor's Qualifications.--The independent auditor referred to
in subsection (a) shall--
(1) be a certified public accountant who is independent of
the Federal reserve bank; and
(2) meet any other qualifications that the Board may
establish.
(c) Certification Required.--In each audit required under
subsection (a), the auditor shall certify, under penalty of perjury--
(1) that the auditor is a certified public accountant and
is independent of the Federal Reserve System; and
(2) that the auditor conducted the audit using generally
accepted auditing standards.
(d) Certification by Federal Reserve Bank.--Not later than 30 days
after the completion of each audit required under subsection (a), the
Federal reserve bank shall provide to the Comptroller General of the
United States--
(1) a certification, under penalty of perjury, that--
(A) the Federal reserve bank has obtained the audit
required under subsection (c);
(B) the Federal reserve bank has received the
certifications of the auditor required under paragraph
(1); and
(C) the audit fully complies with subsection (a);
and
(2) proof that the Federal reserve bank and the Board have
each received a copy of the audit report.
(e) Report to Board.--Each Federal reserve bank shall submit a copy
of the audit conducted under this section to the Board, or an
independent auditor designated by the Board.
(f) Audit of Federal Reserve System.--The Board, in consultation
with the Comptroller General of the United States, shall annually
obtain an audit of the combined financial statements of all Federal
reserve banks from an independent auditor, using generally accepted
accounting standards, based on reports of audits submitted to the Board
under subsection (d).
SEC. 5. APPLICABILITY OF FEDERAL PROCUREMENT PROCEDURES.
(a) Applicability.--The following provisions of law apply to the
Board and to each Federal reserve bank as if the Board and such banks
were executive agencies for the purposes of such provisions of law:
(1) Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.).
(2) Title IX of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 541 et seq.).
(3) The Office of Federal Procurement Policy Act (41 U.S.C.
401 et seq.).
(4) The Information Technology Management Reform Act of
1996 (division E of Public Law 104-106; 40 U.S.C. 1401 et
seq.).
(b) Effective Date.--This section shall become effective on October
1, 1996.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System; and
(2) the term ``Federal reserve bank'' has the same meaning
as in the third undesignated paragraph of section 1 of the
Federal Reserve Act.
|
Federal Reserve Fiscal Responsibility Act of 1996 - Instructs the Comptroller General to specifically identify, and report to the Congress on, the functions and activities of the Board of Governors of the Federal Reserve System (the Board) and of each Federal reserve bank related to the establishment and conduct of Federal monetary policy.
Sets a deadline by which all expenditures by the Board or any Federal reserve bank (except those related to monetary policy) shall be made only as provided in advance in an appropriations Act. Directs the Comptroller General to report annually to the Congress on Board compliance.
Amends the Federal Reserve Act to terminate the surplus account authorization.
Sets a deadline by which each Federal reserve bank must transfer all funds held in its surplus account to the Board for deposit into the general fund of the Treasury. Requires the Comptroller General to determine and report to the Congress on the percentage of Federal reserve banks' net earnings that should be transferred annually for deposit into the general fund of the Treasury.
Requires each Federal reserve bank to: (1) obtain an annual audit from an independent auditor using generally accepted auditing standards; and (2) submit a copy of such audit to the Board.
Directs the Board annually to obtain from an independent auditor an audit of the combined financial statements of all Federal reserve banks using generally accepted accounting standards.
Applies specified Federal property, procurement, and information technology management law to the Board and each Federal reserve bank as if they were executive agencies.
|
{"src": "billsum_train", "title": "Federal Reserve Fiscal Responsibility Act of 1996"}
| 1,428 | 313 | 0.645862 | 1.778119 | 0.758296 | 3.740484 | 4.467128 | 0.923875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Injury, Illness, and
Fatality Reporting Act of 2009''.
SEC. 2. REGULATIONS AND REPORTING.
(a) Regulations.--Not later than 12 months after the date of the
enactment of this Act, pursuant to section 8(c) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 657(c)), the Secretary of
Labor shall prescribe regulations requiring large employers, for each
establishment of each such employer, to maintain accurate records of,
and to make periodic and certified reports, not less than annually, to
the Secretary of Labor on--
(1) the numbers and rates of work-related deaths, injuries,
and illnesses (as such terms are defined in section 1904 of
title 29 Code of Federal Regulations (as in effect on the date
of the enactment of this Act)); and
(2) compliance data, including--
(A) the inspection number of each inspection
conducted by the Secretary under section 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
657) or a State pursuant to a State plan approved under
section 18(c) of such Act (29 U.S.C. 667(c));
(B) the opening date of such inspection; and
(C) the total number of violations and any
citations issued as a result of such violations under
such Act by the Secretary or State following such
inspection.
(b) Identification of Each Establishment.--The regulations
described in subsection (a) shall require each large employer to
identify on all records and reports--
(1) each establishment of such large employer; and
(2) whether an establishment has been acquired, sold, or
transferred since the last report filed under subsection (a) by
the large employer of such establishment.
(c) Reporting.--Not later than 6 months after the deadline of the
submission of the reports described in subsection (a), pursuant to
section 8(g)(1), the Secretary of Labor shall post all such reports on
the Department of Labor website.
SEC. 3. ENFORCEMENT.
Notwithstanding the provisions of section 18(e) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 667(e)), the Secretary shall
issue citations pursuant to section 9 of such Act (29 U.S.C. 658) to
any large employer, including such large employers with establishments
in States with an approved State plan under section 18(c) of such Act
(29 U.S.C. 667(c)), for violations of any of the reporting requirements
described in section 2.
SEC. 4. DEFINITIONS.
In this Act:
(1) Construction industry.--The term ``construction
industry'' means the industry identified by the 2007 North
American Industry Classification System Code as industry code
23 (as published by the Bureau of the Census).
(2) Employee.--The term ``employee'' has the meaning given
such term in section 3 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651).
(3) Employer.--The term ``employer'' has the meaning given
such term in section 3 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651), except that such term does not
include an employer in the construction industry.
(4) Establishment.--The term ``establishment''--
(A) has the meaning given such term in section
1904.46 of title 29 Code of Federal Regulations (as in
effect on the date of the enactment of this Act),
except that such term does not include an establishment
with fewer than 10 employees or that is in the
construction industry; or
(B) means a subsidiary corporation, except that
such term does not include a subsidiary corporation in
the construction industry, and each of its
establishments (as defined in subparagraph A) and
subsidiary corporations that are not in the
construction industry.
(5) Inspection number.--The term ``inspection number''
means the number the Secretary or other authorized individual
assigns to an inspection conducted under section 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or
section 18 of such Act (29 U.S.C. 667).
(6) Large employer.--The term ``large employer'' means an
employer that--
(A) employs not fewer than 500 employees; and
(B) owns and controls more than 1 establishment.
(7) Opening date.--The term ``opening date'' means the
first date of an inspection conducted under section 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or
section 18 of such Act (29 U.S.C. 667).
(8) Subsidiary corporation.--The term ``subsidiary
corporation'' means a corporation where another corporation
(such as a large employer) owns all, or more than 50 percent,
of the stock of such corporation.
|
Corporate Injury, Illness, and Fatality Reporting Act of 2009 - Requires the Secretary of Labor to prescribe regulations requiring large employers, for each of their establishments, to maintain accurate records of, and make periodic and certified reports at least annually on: (1) the numbers and rates of work-related deaths, injuries, and illnesses; and (2) compliance data, including inspection numbers and dates and the total number of violations and citations issued following inspections.
Requires each large employer to identify on all records and reports each establishment and whether one has been acquired, sold, or transferred since the last report required under this Act.
Requires the Secretary to issue citations under the Occupational Safety and Health Act of 1970 to any large employer, including those with establishments in states with an approved state plan for development and enforcement of standards, for violations of any of this Act's reporting requirements.
Excludes from the meaning of "establishment" a place where business is conducted that has fewer than 10 employees or that is in the construction industry.
|
{"src": "billsum_train", "title": "To require the Secretary of Labor to prescribe regulations requiring employers with more than one establishment and not fewer than 500 employees to report work-related deaths, injuries, and illnesses."}
| 1,117 | 227 | 0.674634 | 1.948015 | 0.935825 | 4.69802 | 4.856436 | 0.89604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Reliable Options for
Patients and Educational Resources Act of 2018'' or the ``PROPER Act of
2018''.
SEC. 2. REQUIRING MEDICARE ADVANTAGE PLANS AND PART D PRESCRIPTION DRUG
PLANS TO INCLUDE INFORMATION ON RISKS ASSOCIATED WITH
OPIOIDS AND COVERAGE OF NONPHARMACOLOGICAL THERAPIES AND
NONOPIOID MEDICATIONS OR DEVICES USED TO TREAT PAIN.
Section 1860D-4(a)(1) of the Social Security Act (42 U.S.C. 1395w-
104(a)(1)) is amended--
(1) in subparagraph (A), by inserting ``, subject to
subparagraph (C),'' before ``including'';
(2) in subparagraph (B), by adding at the end the following
new clause:
``(vi) For plan year 2021 and each
subsequent plan year, subject to subparagraph
(C), with respect to the treatment of pain--
``(I) the risks associated with
prolonged opioid use; and
``(II) coverage of
nonpharmacological therapies, devices,
and nonopioid medications--
``(aa) in the case of an
MA-PD plan under part C, under
such plan; and
``(bb) in the case of a
prescription drug plan, under
such plan and under parts A and
B.''; and
(3) by adding at the end the following new subparagraph:
``(C) Targeted provision of information.--A PDP
sponsor of a prescription drug plan may, in lieu of
disclosing the information described in subparagraph
(B)(vi) to each enrollee under the plan, disclose such
information through mail or electronic communications
to a subset of enrollees under the plan, such as
enrollees who have been prescribed an opioid in the
previous 2-year period.''.
SEC. 3. REQUIRING MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS
TO PROVIDE INFORMATION ON THE SAFE DISPOSAL OF
PRESCRIPTION DRUGS.
(a) Medicare Advantage.--Section 1852 of the Social Security Act
(42 U.S.C. 1395w-22) is amended by adding at the end the following new
subsection:
``(n) Provision of Information Relating to the Safe Disposal of
Certain Prescription Drugs.--
``(1) In general.--In the case of an individual enrolled
under an MA or MA-PD plan who is furnished an in-home health
risk assessment on or after January 1, 2021, such plan shall
ensure that such assessment includes information on the safe
disposal of prescription drugs that are controlled substances
that meets the criteria established under paragraph (2). Such
information shall include information on drug takeback programs
that meet such requirements determined appropriate by the
Secretary and information on in-home disposal.
``(2) Criteria.--The Secretary shall, through rulemaking,
establish criteria the Secretary determines appropriate with
respect to information provided to an individual to ensure that
such information sufficiently educates such individual on the
safe disposal of prescription drugs that are controlled
substances.''.
(b) Prescription Drug Plans.--Section 1860D-4(c)(2)(B) of the
Social Security Act (42 U.S.C. 1395w-104(c)(2)(B)) is amended--
(1) by striking ``may include elements that promote'';
(2) by redesignating clauses (i) through (iii) as
subclauses (I) through (III) and adjusting the margins
accordingly;
(3) by inserting before subclause (I), as so redesignated,
the following new clause:
``(i) may include elements that promote--
'';
(4) in subclause (III), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following new clause:
``(ii) with respect to plan years beginning
on or after January 1, 2021, shall provide
for--
``(I) the provision of information
to the enrollee on the safe disposal of
prescription drugs that are controlled
substances that meets the criteria
established under section 1852(n)(2),
including information on drug takeback
programs that meet such requirements
determined appropriate by the Secretary
and information on in-home disposal;
and
``(II) cost-effective means by
which an enrollee may so safely dispose
of such drugs.''.
SEC. 4. REVISING MEASURES USED UNDER THE HOSPITAL CONSUMER ASSESSMENT
OF HEALTHCARE PROVIDERS AND SYSTEMS SURVEY RELATING TO
PAIN MANAGEMENT.
(a) Restriction on the Use of Pain Questions in HCAHPS.--Section
1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)) is amended by adding at the end the following
new subclause:
``(XII)(aa) With respect to a Hospital Consumer Assessment of
Healthcare Providers and Systems survey (or a successor survey)
conducted on or after January 1, 2019, such survey may not include
questions about communication by hospital staff with an individual
about such individual's pain unless such questions take into account,
as applicable, whether an individual experiencing pain was informed
about risks associated with the use of opioids and about non-opioid
alternatives for the treatment of pain.
``(bb) The Secretary shall not include on the Hospital Compare
Internet website any measures based on the questions appearing on the
Hospital Consumer Assessment of Healthcare Providers and Systems survey
in 2018 about communication by hospital staff with an individual about
such individual's pain.''.
(b) Restriction on Use of 2018 Pain Questions in the Hospital
Value-based Purchasing Program.--Section 1886(o)(2)(B) of the Social
Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the
end the following new clause:
``(iii) HCAHPS pain questions.--The
Secretary may not include under subparagraph
(A) a measure that is based on the questions
appearing on the Hospital Consumer Assessment
of Healthcare Providers and Systems survey in
2018 about
communication by hospital staff with an
individual about the individual's pain.''.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk.
|
Providing Reliable Options for Patients and Educational Resources Act of 2018 or the PROPER Act of 2018 (Sec. 2) This bill requires Medicare and Medicare Advantage (MA) prescription drug plan (PDP) sponsors to annually disclose information to enrollees about: (1) the risks of prolonged opioid use; and (2) the plan's coverage of nonpharmacological therapies, devices, and non-opioid medications. PDP sponsors may limit disclosure to a subset of enrollees (such as those who were prescribed an opioid in the previous two-year period). (Sec. 3) The bill also requires Medicare medication therapy management programs and MA in-home health risk assessments to include information about the safe disposal of prescription drugs. (Sec. 4) The bill prohibits inclusion of pain management questions in certain health care system surveys, unless the questions address the risks of opioid use and the availability of non-opioid alternatives.
|
{"src": "billsum_train", "title": "Providing Reliable Options for Patients and Educational Resources Act of 2018"}
| 1,495 | 202 | 0.626865 | 1.787411 | 0.780436 | 2.303371 | 6.882022 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Malpractice Relief Act of
2004''.
SEC. 2. CREDIT FOR QUALIFIED EXPENDITURES FOR MEDICAL PROFESSIONAL
MALPRACTICE INSURANCE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business tax credits)
is amended by adding at the end the following:
``SEC. 45G. CREDIT FOR EXPENDITURES FOR MEDICAL PROFESSIONAL
MALPRACTICE INSURANCE.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible person, the medical malpractice insurance expenditure tax
credit determined under this section for a taxable year is the amount
equal to the applicable percentage of qualified medical malpractice
insurance expenditures.
``(b) Limitation.--
``(1) In general.--The amount of qualified medical
malpractice insurance expenditures taken into account under
subsection (a) for a taxable year with respect to an eligible
person shall not exceed the amount equal to twice the average
of costs of qualified medical malpractice insurance for
similarly situated eligible persons.
``(2) Average costs.--For purposes of paragraph (1), the
Secretary of Health and Human Services, after consultation with
State boards of medical licensure and State boards (or
agencies) regulating insurance, shall--
``(A) determine average costs (rounded to the
nearest whole dollar) of providing or furnishing
general medical malpractice liability insurance to
eligible persons, and
``(B) certify the amount of such costs to the
Secretary on or before the 15th day of November of each
year.
``(c) Definitions and Special Rule.--For purposes of this section--
``(1) Qualified medical malpractice insurance
expenditure.--
``(A) In general.--The term `qualified medical
malpractice insurance expenditure' means so much of any
professional insurance premium, surcharge, payment, or
other cost or expense which is paid or incurred in the
taxable year by an eligible person for the sole purpose
of providing or furnishing general medical malpractice
liability insurance for such eligible person.
``(2) Eligible person.--The term `eligible person' means--
``(A) any physician (as defined in section
213(d)(4)) who practices in any surgical specialty or
subspecialty, emergency medicine, obstetrics,
anesthesiology or who does intervention work which is
reflected in medical malpractice insurance
expenditures,
``(B) any physician (as so defined) who practices
in general medicine, allergy, dermatology, pathology,
or any other specialty not otherwise described in this
section, and
``(C) any hospital, clinic, or long-term care
provider,
which meets applicable legal requirements to provide the health
care services involved.
``(3) Applicable percentage.--The applicable percentage
is--
``(A) 20 percent in the case of a person described
in paragraph (2)(A),
``(B) 10 percent in the case of a person described
in paragraph (2)(B), and
``(C) 15 percent in the case of a person described
in paragraph (2)(C).
``(4) Similarly situated.--The determination of whether
persons are similarly situated shall be made on the basis of
medical practices primarily located within a statistical area
(as defined in section 142(k)(2)) and shall differentiate
between specialty and subspecialty medical practices.
``(d) Election not to Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2005.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(16) the medical malpractice insurance expenditure tax
credit determined under section 45G(a).''.
(c) Limitation on Carryback.--Section 39(d) of such Code (relating
to transition rules) is amended by adding at the end the following new
paragraph:
``(11) No carryback of medical malpractice insurance
expenditure tax credit before effective date.--No portion of
the unused business credit for any taxable year which is
attributable to the credit determined under section 45G may be
carried back to any taxable year beginning before January 1,
2004.''.
(d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified medical malpractice insurance
expenditures otherwise allowable as a deduction for the taxable
year which is equal to the amount of the credit allowable for
the taxable year under section 45G (determined without regard
to section 38(c)).
``(2) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations (within
the meaning of section 41(f)(5)) or a trade or business which
is treated as being under common control with other trades or
business (within the meaning of section 41(f)(1)(B)), this
subsection shall be applied under rules prescribed by the
Secretary similar to the rules applicable under subparagraphs
(A) and (B) of section 41(f)(1).''.
(e) Grants to Non-Profit Hospitals, Clinics, and Long-Term Care
Providers.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration, shall award grants to
eligible non-profit hospitals, clinics, and long-term care
providers to assist such hospitals, clinics, and long-term care
providers in defraying qualified medical malpractice insurance
expenditures.
(2) Eligible non-profit hospital, clinic, or long-term care
provider.--To be eligible to receive a grant under paragraph
(1) an entity shall--
(A) be a non-profit hospital, clinic, or long-term
care provider;
(B) be an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code for the year for
which an application is submitted under subparagraph
(C); and
(C) prepare and submit to the Secretary of Health
and Human Services an application at such time, in such
manner, and containing such information as the
Secretary may require.
(3) Amount of grant.--The amount of a grant to a non-profit
hospital, clinic, or long-term care provider under paragraph
(1) shall equal 15 percent of the amount of the qualified
medical malpractice insurance expenditures of the hospital,
clinic, or long-term care provider for the year involved.
(4) Qualified medical malpractice insurance expenditure.--
In this subsection, the term ``qualified medical malpractice
insurance expenditure'' means so much of any professional
insurance premium, surcharge, payment or other cost or expense
which is incurred by a non-profit hospital, clinic, or long-
term care provider in a year for the sole purpose of providing
or furnishing general medical malpractice liability insurance
for such hospital, clinic, or long-term care provider as does
not exceed twice the average of such costs for similarly
situated hospitals, clinics, or long-term care provider homes.
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
may be necessary for each of fiscal years 2005 and 2006.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Credit for expenditures for medical professional
malpractice insurance.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
|
Medical Malpractice Relief Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for taxable years beginning in 2004 or 2005 for expenditures for medical professional malpractice insurance. Allows a credit for: (1) 20 percent of the malpractice insurance expenditures of a physician who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, or anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures; (2) ten percent of such expenditures of a physician who practices in general medicine, allergy, dermatology, pathology, or other specialty; and (3) 15 percent of such expenditures of any hospital, clinic, or long-term care provider. Limits the amount of expenditures that may be taken into account to twice the average of costs of medical malpractice insurance for similarly situated health care providers, as determined by the Secretary of Health and Human Services.
Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to make grants to certain non-profit hospitals, clinics, and long-term care providers to assist such entities in defraying their medical malpractice insurance expenditures. Limits the amount of such grants to 15 percent of the medical malpractice insurance expenditures incurred by such entities in any year.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a business credit for qualified expenditures for medical professional malpractice insurance."}
| 1,876 | 277 | 0.609629 | 1.760036 | 0.759575 | 4.329167 | 7.066667 | 0.954167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Relief Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) There are more vacant nursing positions in the United
States than there are qualified registered nurses and nursing
school candidates to fill those positions.
(2) According to the Department of Labor, the current
national nursing shortage exceeds 126,000.
(3) States in the West and Southwest have a
disproportionate number of nursing vacancies because of rapid
population growth, which exacerbates a widening gap in the
number of facilities and staff compared to patients that need
care.
(4) Foreign countries such as the Philippines, India, and
China have an oversupply of nurses.
(5) Major hospital systems in the United States spend
hundreds of millions of dollars every year recruiting foreign
nurses under our current immigration system.
(6) Current law, with certain limited exceptions, requires
health care providers to sponsor desired nurses for permanent
resident status while the nurses remain outside of the United
States, which can take as much as 3 years.
(7) This cost is passed on to consumers and adds to the
rising cost of health care.
(8) Health care providers cannot efficiently and
effectively recruit qualified foreign nurses through the
existing immigration process.
(9) Our health care system requires an immediate
modification of Federal laws relating to recruitment of
qualified foreign nurses in order to operate at an efficient
and effective level.
(b) Purpose.--The purpose of this Act is to create a new
nonimmigrant visa category for registered nurses and establish
admission requirements for such nonimmigrants.
SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES.
(a) Establishment of a New Nonimmigrant Category.--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 at the end the following:
``(W) an alien who is coming temporarily to the United
States to perform services as a professional nurse, as
described in section 212(v)(1)(A), who meets the qualifications
described in section 212(v)(1)(B), and with respect to whom the
Secretary of Labor determines and certifies to the Secretary of
Homeland Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an attestation
under section 212(v)(2), and the alien spouse and children of
any such principal alien, if accompanying or following to join
the principal alien.''.
(b) Requiring Petition of Importing Employer.--Section 214(c) of
the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by
adding at the end the following:.
``(15)(A) The question of importing any alien as a nonimmigrant
under section 101(a)(15)(W) in any specific case or specific cases
shall be determined by the consular officer, after consultation with
appropriate agencies of the Government, upon petition of the importing
employer. Such petition shall be made and approved before the visa is
granted. The petition shall be in such form and contain such
information as the Secretary of Homeland Security shall prescribe by
regulation. The approval of such a petition shall not, of itself, be
construed as establishing that the alien is a nonimmigrant.
``(B) The following petitions shall be determined by the Secretary
of Homeland Security, after consultation with appropriate agencies of
the Government:
``(i) A petition for an alien lawfully present in the
United States to be initially granted nonimmigrant status
described in section 101(a)(15)(W).
``(ii) A petition for an alien having such status to obtain
an extension of stay.
``(iii) A petition to obtain authorization for an alien
having such status to change employers.''.
(c) Shifting Burden of Proof for Nonimmigrant Status.--Section
214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is
amended by striking ``(L) or (V)'' and inserting ``(L), (V), or (W)''.
(d) Allowing Petition for Permanent Residence While in Nonimmigrant
Status.--Section 214(h) of the Immigration and Nationality Act (8
U.S.C. 1184(h)) is amended by striking ``(L), or (V)'' and inserting
``(L), (V), or (W)''.
(e) Other Admission Requirements.--Section 212 of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) (added by
section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as
subsection (u); and
(2) by adding at the end the following:
``(v)(1)(A) For purposes of section 101(a)(15)(W) and this
subsection--
``(i) the term `professional nurse' means a person
who applies the art and science of professional nursing
in a manner that reflects comprehension of principles
derived from the physical, biological, and behavioral
sciences; and
``(ii) the term `professional nursing' includes--
``(I) making clinical judgments involving
the observation, care, and counsel of persons
requiring nursing care;
``(II) administering of medicines and
treatments prescribed by the physician or
dentist; and
``(III) participation in the activities for
the promotion of health and prevention of
illness in others.
``(B) The qualifications referred to in section 101(a)(15)(W) are
that the alien is qualified, under the laws (including such temporary
or interim licensing provisions or nurse licensure compact provisions
which authorize the nurse to be employed) governing the place of
intended employment, to engage in the practice of professional nursing
as a registered nurse immediately upon admission to the United States
and is authorized under such laws to be employed, except that if the
alien has completed all licensing requirements except for submission of
a social security account number, the alien may provide a letter from
the State Board of Nursing of the State of intended employment which
confirms that the alien is eligible for license issuance upon
presentation of such number.
``(2)(A) The attestation referred to in section 101(a)(15)(W) is an
attestation by the employer to the following:
``(i) The employer is offering and will offer during the
period of authorized employment to aliens admitted or provided
status under section 101(a)(15)(W) wages that are at least--
``(I) the actual wage level paid by the employer to
all other individuals with similar experience and
qualifications for the specific employment in question;
or
``(II) the prevailing wage level for the
occupational classification in the area of employment;
whichever is greater, based on the best information available
as of the time of the attestation.
``(ii) The employment of the alien will not adversely
affect the wages and working conditions of registered nurses
similarly employed at the worksite.
``(iii) The alien will be paid the wage rate for registered
nurses similarly employed at the worksite.
``(iv) There is not a strike or lockout in the course of a
labor dispute in the registered nurse classification at the
worksite.
``(v) The employer has provided notice of the filing of the
attestation to the bargaining representative of the registered
nurses at the worksite or, if there is no such bargaining
representative, notice of the filing has been provided to the
registered nurses employed at the worksite through physical
posting in a conspicuous location at the worksites.
``(vi) The number of workers sought, the work locations,
and the wage rate and conditions under which they will be
employed.
``(B) The employer shall make a copy of the attestation available
for public examination, within 10 working days after the date on which
the attestation is filed, at the employer's principal place of business
or worksite (along with such accompanying documents as are necessary).
``(C) The Secretary of Labor shall review the attestation only for
completeness and obvious inaccuracies. Unless such Secretary finds that
the attestation is incomplete or obviously inaccurate, the Secretary
shall provide the certification described in section 101(a)(15)(W)
within 7 days of the date of the filing of the attestation.
``(D) An attestation under subparagraph (A)--
``(i) shall expire on the date that is the later of--
``(I) the end of the 3-year period beginning on the
date on which it is filed; or
``(II) the end of the period of admission under
section 101(a)(15)(W) of the last alien with respect to
whose admission it applied (in accordance with clause
(ii)); and
``(ii) shall apply to petitions described in section
214(c)(15) filed during the 3-year period beginning on the date
on which it is filed if the employer states in each such
petition that it continues to comply with the conditions in the
attestation.
``(E) An employer may meet the requirements of this paragraph with
respect to more than one professional nurse in a single attestation.
``(F) An employer may meet the requirements of this paragraph with
respect to more than one work location in a single attestation.
``(3)(A) The Secretary of Labor shall compile, and make available
for public examination in a timely manner, a list identifying employers
that have filed attestations under paragraph (2)(A). Such list shall
include, with respect to each attestation, the wage rate, number of
aliens sought, and period of intended employment.
``(B) The Secretary of Labor shall establish a process for the
receipt, investigation, and disposition of complaints respecting an
employer's failure to meet a condition specified in an attestation
submitted under paragraph (2)(A) or a misrepresentation of a material
fact in an attestation. Complaints may be filed by any aggrieved person
or organization (including bargaining representatives). The Secretary
shall conduct an investigation under this subparagraph if there is
reasonable cause to believe that an employer willfully failed to meet a
condition or willfully misrepresented a material fact. No investigation
or hearing shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later than 12
months after the date of the failure or misrepresentation,
respectively.
``(C) Under such process, the Secretary of Labor shall provide,
within 30 days after the date such a complaint is filed, for a
determination as to whether or not a basis exists to make a finding
described in subparagraph (B). If the Secretary determines that such a
basis exists, the Secretary shall provide for notice of such
determination to the interested parties and an opportunity for a
hearing on the complaint within 60 days of the date of the
determination. If such a hearing is requested, the Secretary of Labor
shall make a finding concerning the matter by not later than 60 days
after the date of the hearing. In case of similar complaints respecting
the same applicant, the Secretary of Labor may consolidate the hearings
under this clause on such complaints.
``(D) If the Secretary of Labor finds, after notice and opportunity
for a hearing, that an employer has willfully failed to meet a
condition specified in an attestation or that there was a willful
misrepresentation of material fact in the attestation, the Secretary
shall notify the Secretary of State and the Secretary of Homeland
Security of such finding and may, in addition, impose such other
administrative remedies (including civil monetary penalties in an
amount not to exceed $1,000 per nurse per violation, with the total
penalty not to exceed $10,000 per violation) as the Secretary
determines to be appropriate. Upon receipt of such notice, the
Secretary of Homeland Security shall not approve petitions described in
section 214(c)(15) by the employer during a period of at least 1 year
for nurses to be employed by the employer.
``(4)(A) A nonimmigrant alien described in subparagraph (B) who was
previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(W) is authorized to accept new employment upon
the filing by the prospective employer of a petition described in
section 214(c)(15)(B)(iii) on behalf of such nonimmigrant. Employment
authorization shall continue for such alien until such petition is
adjudicated. If such petition is denied, such authorization shall
cease.
``(B) A nonimmigrant alien described in this subparagraph is a
nonimmigrant alien--
``(i) who has been lawfully admitted into the United
States;
``(ii) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Secretary of Homeland
Security; and
``(iii) who, subsequent to such lawful admission, has not
been employed without authorization in the United States before
the filing of such petition.
``(5)(A) The initial period of authorized admission for a
nonimmigrant under section 101(a)(15)(W) may not exceed 3 years, and
may be extended, except that the total period of authorized admission
as such a nonimmigrant may not exceed 6 years.
``(B)(i) Subparagraph (A) shall not apply to any nonimmigrant on
whose behalf a petition under section 204(b) to accord the alien
immigrant status under section 203(b), or an application for adjustment
of status under section 245 to accord the alien status under section
203(b), has been filed, if 365 days or more have elapsed since the
filing of such petition or application.
``(ii) The Secretary of Homeland Security shall extend the stay of
an alien who qualifies for an exemption under clause (i) in 1-year
increments until such time as a final decision is made on the alien's
lawful permanent residence.
``(iii) Notwithstanding subparagraph (A) and clause (ii), any alien
who is the beneficiary of an approved petition filed under section
204(b) for a status under paragraph (1), (2), or (3) of section 203(b),
and who is eligible to be granted that status but for application of
the per-country limitations on immigrants under such paragraph, may
apply for, and the Secretary of Homeland Security may grant, one or
more extensions of nonimmigrant status under section 101(a)(15)(W)
until such time as an immigrant visa is immediately available to the
alien and a decision on the alien's application for adjustment of
status is made.
``(6) In the case of an alien spouse, who is accompanying or
following to join a principal alien admitted under section
101(a)(15)(W), the Secretary of Homeland Security shall authorize the
alien spouse to engage in employment in the United States and shall
provide the spouse with an `employment authorized' endorsement or other
appropriate work permit.
``(7)(A)(i) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status under section 101(a)(15)(W)
during any fiscal year is 50,000.
``(ii) If the numerical limitation in clause (i)--
``(I) is reached during a fiscal year, the numerical
limitation applicable to the subsequent fiscal year shall be
120 percent of the preceding numerical limitation; or
``(II) is not reached during a fiscal year, the numerical
limitation shall remain the same during the subsequent fiscal
year.
``(B) Notwithstanding subparagraph (A), aliens may be issued visas
or otherwise provided nonimmigrant status under such section without
regard to numerical limitation if they are only working in the
geographic area or areas which are designated by the Secretary of
Health and Human Services as having a shortage of health care
professionals.
``(C) The numerical limitations in subparagraph (A) shall only
apply to principal aliens and not to the spouse or children of such
aliens.''.
SEC. 4. REGULATIONS; EFFECTIVE DATE.
(a) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the following shall promulgate regulations to
carry out the amendments made by section 3:
(1) The Secretary of Labor, in consultation with the
Secretary of Health and Human Services and the Secretary of
Homeland Security.
(2) The Secretary of Homeland Security, in consultation
with the Secretary of State.
(b) Effective Date.--Notwithstanding subsection (a), the amendments
made by section 3 shall take effect 90 days after the date of the
enactment of this Act, regardless of whether the regulations
promulgated under subsection (a) are in effect on such date.
SEC. 5. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.
This Act is enacted pursuant to the power granted to Congress under
article I, section 8, clause 4, to establish a uniform rule
naturalization, and under article I, section 8, clause 18, of the
United States Constitution.
|
Nursing Relief Act of 2006 - Amends the Immigration and Nationality Act to establish a nonimmigrant visa category (W-visa) for an alien coming to the United States to work as a professional nurse.
Sets forth employer petition provisions.
|
{"src": "billsum_train", "title": "To create a new nonimmigrant visa category for registered nurses, and for other purposes."}
| 3,927 | 56 | 0.494994 | 1.268811 | 0.796042 | 2.8 | 78.2 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cost of Production Safety Net Act of
1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Loan commodity.--The term ``loan commodity'' means
wheat, corn, oats, rye, barley, and grain sorghums.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. FAIR RETURN COMMODITY LOANS FOR WHEAT AND FEED GRAINS.
(a) In General.--
(1) Loans.--For each of the 1998 and subsequent crops of a
loan commodity, the Secretary shall make available to producers
on a farm described in paragraph (2) nonrecourse fair return
commodity loans at such rate as the Secretary determines will
provide a fair return to the producers in relation to the cost
of production of the loan commodity.
(2) Eligibility.--To be eligible to obtain a loan for a
loan commodity under paragraph (1), the producers on a farm
must agree to forgo obtaining a marketing assistance loan under
subtitle C of the Agricultural Market Transition Act (7 U.S.C.
7231 et seq.) with respect to the loan commodity.
(b) Loan Rates.--
(1) Wheat and corn.--
(A) In general.--The loan rate for wheat and corn,
respectively, determined under subsection (a) shall not
be less than 75 percent of the simple average of the
annual economic costs of production of wheat and corn,
respectively, in the United States during the most
recent 5 crop years for which data are available.
(B) Calculation.--The costs of production under
subparagraph (A) shall be based on the yield for each
planted acre, as determined by the Secretary using the
economic costs of production data series of the
Economic Research Service.
(2) Other feed grains.--The loan rate for grain sorghum,
barley, and oats, respectively, determined under subsection (a)
shall be established at such level as the Secretary determines
is fair and reasonable in relation to the rate that loans are
made available for corn, taking into consideration the feeding
value of the commodity in relation to the feeding value of
corn.
(c) Term of Loans.--
(1) In general.--Subject to paragraph (2), a fair return
commodity loan made under this section shall have a term of 12
months beginning on the first day of the first month after the
month in which the loan is made.
(2) Extension.--The Secretary may extend the term of a fair
return commodity loan made to producers on a farm for any loan
commodity for 1 6-month period if the Secretary determines that
the extension would be beneficial to the producers in marketing
the loan commodity.
(d) Repayment Rates.--The Secretary shall permit the producers on a
farm to repay a fair return commodity loan under this section for a
loan commodity at a rate that is the lesser of--
(1) the loan rate established for the loan commodity under
subsection (b), plus interest (as determined by the Secretary);
or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the loan
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the loan commodity; and
(D) allow the loan commodity produced in the United
States to be marketed freely and competitively,
domestically and internationally.
SEC. 4. LIMITATIONS.
(a) Maximum Quantity of Loan Commodities.--The maximum quantity of
a loan commodity that producers on a farm are eligible to place under
loan to receive a fair return commodity loan under this Act during any
crop year shall be--
(1) in the case of wheat, 20,000 bushels;
(2) in the case of corn, 30,000 bushels; and
(3) in the case of grain sorghum, barley, and oats, a
quantity that the Secretary determines is equivalent to 30,000
bushels of corn.
(b) Maximum Amount of Loans and Payments.--
(1) In general.--The total amount of fair return commodity
loans that a person shall be entitled to receive under this Act
for 1 or more loan commodities during any crop year shall not
exceed $100,000.
(2) Regulation.--
(A) In general.--The Secretary shall promulgate a
regulation--
(i) defining the term ``person'' for
purposes of this subsection; and
(ii) prescribing such rules as the
Secretary determines are necessary to ensure a
fair and reasonable application of the
limitation established under this subsection.
(B) Related provisions.--Except as provided in
subsection (g), the regulation shall be consistent with
paragraphs (5) through (7) of section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308).
(c) Eligibility for Loans and Payments.--To be eligible for a fair
return commodity loan for a loan commodity under this Act, the
producers on a farm shall--
(1) be individuals who own the loan commodity, directly or
indirectly;
(2) provide resident, day-to-day labor for and management
of the farm; and
(3) provide capital investment in--
(A) the operation of the farm; and
(B) the leasing or ownership of the farm.
SEC. 5. ADMINISTRATION.
(a) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to carry out this Act.
(b) Related Provisions.--Subtitle E of the Agricultural Market
Transition Act (7 U.S.C. 7281 et seq.) shall apply to fair return
commodity loans made under this Act.
SEC. 6. EXTENSION OF MARKETING ASSISTANCE LOANS.
Section 133 of the Agricultural Market Transition Act (7 U.S.C.
7233) is amended by striking subsection (c) and inserting the
following:
``(c) Extension.--The Secretary may extend the term of a marketing
assistance loan made to producers on a farm for any loan commodity for
1 9-month period if the Secretary determines that the extension would
be beneficial to the producers in marketing the loan commodity.''.
|
Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.
|
{"src": "billsum_train", "title": "Cost of Production Safety Net Act of 1998"}
| 1,412 | 52 | 0.562241 | 1.289306 | 1.032469 | 2.511111 | 28.311111 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small, Safe Schools Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research related to school size indicates that
elementary and middle schools with 300-400 students, and
secondary schools with 400-800 students, are more effective
than schools with larger student populations.
(2) Smaller school size promotes learning and improves
students' grades and test scores, especially for ethnic
minority and low income students. Smaller school size has been
found to be the second most important factor, after high
socioeconomic status, in creating positive educational
outcomes.
(3) Students who attend smaller schools have more positive
personal and academic self-concepts. Students and staff at
smaller schools have a stronger sense of personal efficacy, and
the students take more of the responsibility for their own
learning, which includes more individualized and experimental
learning relevant to the world outside of school.
(4) Studies on school dropout rates show a decrease in the
rates as schools get smaller.
(5) Creating smaller schools and smaller learning
communities within larger schools promotes school safety.
Behavioral problems, including truancy, classroom disruption,
vandalism, aggressive behavior, theft, substance abuse, and
gang participation are greater in larger schools. Teachers in
smaller schools learn of disagreements between students and can
resolve problems before problems become severe.
(6) School size plays a very important role in shaping the
kinds of social relationships that form within schools. Smaller
schools and learning communities reduce the isolation that
causes violence. Smaller schools allow students to form closer
relationships with their teachers and create a sense of
ownership and belonging to their school. Young people who feel
more connected to their school are less likely to be involved
in violence. Smaller schools and learning communities are
especially effective in reducing the types of violence parents
fear most, particularly gang activity and serious violent
incidents.
(7) Students in smaller schools are less likely to have
problems with drugs or alcohol.
(8) Based on studies of secondary school violence,
researchers have concluded that the first step in ending school
violence must be to break through the impersonal atmosphere of
larger secondary schools by creating smaller communities of
learning within larger structures, where students and teachers
can come to know each other well.
(9) Research demonstrates that students attending smaller
schools are more likely to participate in extracurricular
activities. The students are also involved in a greater variety
of activities, while students in larger schools tend to be
polarized into a group that participates and a group that does
not participate in any extracurricular activities. Because
everyone in smaller schools is needed to populate teams,
offices, and clubs, even shy and less able students are
encouraged to participate and given a sense of belonging.
(10) Larger schools contribute to negative teacher
attitudes and low staff morale.
(11) Smaller schools can be established cost effectively.
Larger schools can be more expensive because the sheer size of
the larger schools requires more administrative support. More
importantly, additional bureaucracy translates into less
flexibility and innovation.
SEC. 3. SMALL SCHOOLS AND SMALLER LEARNING COMMUNITIES.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``Part L--Small Schools and Smaller Learning Communities
``SEC. 10995. DEFINITIONS.
``In this part:
``(1) Eligible applicant.--The term `eligible applicant'
means a local educational agency, an elementary school, a
secondary school, or a Bureau funded school (as defined in
section 1146(3) of this Act (25 U.S.C. 2026(3))) that is
working independently or in partnership with other public
agencies or private non-profit organizations.
``(2) Small school.--The term `small school' means a
school--
``(A) that has few enough students and teachers so
that all teachers are able to know all students, and
has a maximum student population of--
``(i) 350 students in the case of an
elementary school; and
``(ii) 400 to 800 students in the case of a
secondary school;
``(B) in which teachers coordinate and cooperate in
developing and implementing curricula;
``(C) in which a sense of shared leadership and
ownership among teachers, administrators, and staff
exists; and
``(D) in which parents are considered a valued part
of the educational team.
``(3) Smaller learning community.--The term `smaller
learning community' means a cohesive unit that--
``(A) exists within a larger school; and
``(B) meets the requirements of subparagraphs (B)
through (D) of paragraph (2).
``SEC. 10996. SMALLER LEARNING COMMUNITIES.
``(a) Grants Authorized.--The Secretary is authorized to award
grants to eligible applicants to enable eligible applicants to carry
out the authorized activities described in subsection (c).
``(b) Applications.--Each eligible applicant desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may require. Each such application shall describe--
``(1) strategies and methods the eligible applicant will
use to create the smaller learning community;
``(2) curriculum and instructional practices, including any
particular themes or emphases, to be used in the learning
environment;
``(3) the extent of involvement of teachers and other
school personnel in investigating, designing, implementing, and
sustaining the smaller learning community;
``(4) the process to be used for involving students,
parents, and other stakeholders in the development and
implementation of the smaller learning community;
``(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community;
``(6) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this section;
``(7) the goals and objectives of the activities assisted
under this section, including a description of how such
activities will better enable all students to reach challenging
State content standards and State student performance
standards;
``(8) the methods by which the eligible applicant will
assess progress in meeting such goals and objectives;
``(9) if the smaller learning community exists as a school-
within-a-school, the relationship, including governance and
administration, of the smaller learning community to the rest
of the school;
``(10) a description of the administrative and managerial
relationship between the eligible applicant and the smaller
learning community, including how such eligible applicant will
demonstrate a commitment to the continuity of the smaller
learning community, including the continuity of student and
teacher assignment to a particular learning community;
``(11) how the eligible applicant will coordinate or use
funds provided under this section with other funds provided
under this Act or other Federal laws;
``(12) grade levels or ages of students who will
participate in the smaller learning community; and
``(13) the method of placing students in the smaller
learning community, such that students are not placed according
to ability, performance, or any other measure, so that students
are placed at random or by their own choice, not pursuant to
testing or other judgments.
``(c) Authorized Activities.--Funds under this section may be
used--
``(1) to study the feasibility of creating the smaller
learning community as well as effective and innovative
organizational and instructional strategies that will be used
in the smaller learning community;
``(2) to research, develop, and implement strategies for
creating the smaller learning community, as well as effective
and innovative changes in curriculum and instruction, geared to
high State content standards and State student performance
standards;
``(3) to provide professional development for school staff
in innovative teaching methods that challenge and engage
students and will be used in the smaller learning community;
and
``(4) to develop and implement strategies to include
parents, business representatives, local institutions of higher
education, community-based organizations, and other community
members in the smaller learning communities as facilitators of
activities that enable teachers--
``(A) to participate in professional development
activities; and
``(B) to provide links between students and their
community.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2000
and such sums as may be necessary for each of the 3 succeeding fiscal
years.
``SEC. 10997. TECHNICAL ASSISTANCE.
``(a) Technical Assistance.--The Secretary is authorized to provide
technical assistance to eligible applicants seeking to create smaller
learning communities in the elementary schools or secondary schools
served by the eligible applicants.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,500,000 for fiscal year 2001
and such sums as may be necessary for each of the 3 succeeding fiscal
years.
``SEC. 10998. SCHOOL CONSTRUCTION AND RENOVATION.
``(a) Grants Authorized.--The Secretary is authorized to award
grants to eligible applicants to enable the eligible applicants to
carry out construction described in paragraph (c), or renovation
described in paragraph (d), of elementary schools or secondary schools.
``(b) Applications.--
``(1) In general.--Each eligible applicant desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(2) Increasing the number of small schools and smaller
learning environments.--Each such application shall describe
how the construction or renovation assisted under this section
will enable more students to be educated in a small school or
smaller learning environment than would otherwise be possible
without funds made available under this section.
``(3) Priority.--The Secretary shall give priority to an
application submitted under this subsection that demonstrates--
``(A) that the eligible applicant is located in an
area densely populated with school-aged children; or
``(B) that more students will be educated in the
small school or smaller learning environment than would
otherwise be possible without funds made available
under this section.
``(c) Construction.--The Secretary shall only award grants under
subsection (a) for construction of elementary schools or secondary
schools that have the following maximum student capacities:
``(1) 350 students in the case of an elementary school.
``(2) 400 students in the case of a middle school.
``(3) 800 students in the case of a secondary school.
``(d) Renovation.--The Secretary shall only award a grant under
subsection (a) for renovation of an elementary school or a secondary
school, that has the maximum student capacity described in subsection
(b), related to the creation of small schools, or smaller learning
environments, within a larger school.
``(e) Report.--Each recipient of funds under this section shall
provide the Secretary with an annual report that contains a capital
budget for the construction or renovation to be assisted under this
section. Such report shall include a description of--
``(1) the proposed uses for grant funds authorized under
this section; and
``(2) the actual uses of grant funds received under this
section in a preceding year.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2000
and such sums as may be necessary for each of the 3 succeeding fiscal
years.''.
|
Authorizes the Secretary of Education to award to local educational agencies, elementary or secondary schools, and schools funded by the Bureau of Indian Affairs: (1) grants for certain activities relating to smaller learning communities; (2) technical assistance in creating smaller learning communities in schools; and (3) grants for construction or renovation of elementary, middle, and secondary schools with specified maximum student capacities.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Small, Safe Schools Act"}
| 2,503 | 81 | 0.39949 | 1.116052 | 0.716888 | 1.825 | 30.875 | 0.9 |
SECTION 1. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH GRATUITY PAYABLE
WITH RESPECT TO MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) The death gratuity authorized under sections 1475 to
1480 of title 10, United States Code, was intended, when
originally enacted to provide an immediate cash payment to
assist survivors of deceased members of the Armed Forces to
meet their financial needs during the period immediately
following a member's death and before other survivor benefits
become available.
(2) The death gratuity, when first implemented in 1908,
amounted to six months of a service member's pay and, until
1991, could not exceed $3,000.
(3) However, following the attacks of September 11, 2001,
and the initiation of Operation Enduring Freedom and Operation
Iraqi Freedom, Congress determined that the death benefits
available to survivors of members of the Armed Forces should be
substantially increased.
(4) The National Defense Authorization Act for Fiscal Year
2006, which was enacted on January 6, 2006, as Public Law 109-
163, increased the amount of the death gratuity to $100,000,
effective retroactively to October 7, 2001.
(5) Under section 1477 of title 10, United States Code, the
law authorizing the death gratuity, those living relatives of
deceased members of the Armed Forces who shall receive the
death gratuity are specifically designated. Service members are
not provided with the opportunity to make an election choosing
a beneficiary other than those set forth in section 1477 of
title 10, United States Code.
(6) The increased death gratuity, in combination with
benefits available under the Servicemembers' Group Life
Insurance program, the Survivor Benefit Plan, and Dependency
and Indemnity Compensation provide significant support and
compensation to the next of kin of deceased members of the
Armed Forces. Individual members are best qualified to
determine who the beneficiaries for death benefits should be
and should be afforded the opportunity to make these selections
at appropriate times throughout military service and
particularly prior to mobilization or deployment to a combat
zone.
(7) Under the current system, many members of the Armed
Forces have designated individuals as beneficiaries for the
death gratuity in a manner not provided for by law. In these
cases, the wishes of these members regarding the disposition of
the death gratuity has in many cases not been implemented, to
the detriment of their children and other loved ones.
(b) Sense of Congress.--It is the sense of Congress that all
members of the Armed Forces should be given the opportunity to
affirmatively select who shall receive the death gratuity and that the
Secretary of Defense and the Secretaries of the military departments
should take prompt action to afford members the opportunity to make an
election in writing about the disposition of the death gratuity
proceeds and to provide appropriate and timely counseling about the
manner in which the proceeds of the death gratuity and other forms of
insurance will be administered.
(c) Modification.--
(1) In general.--Subsection (a) of section 1477 of title
10, United States Code, is amended by striking all that follows
``on the following list:'' and inserting the following:
``(1) To any individual designated by the person in
writing.
``(2) If there is no person so designated, to the surviving
spouse of the person.
``(3) If there is none of the above, to the children (as
prescribed by subsection (b)) of the person and the descendants
of any deceased children by representation.
``(4) If there is none of the above, to the parents (as
prescribed by subsection (c)) of the person or the survivor of
them.
``(5) If there is none of the above, to the duly appointed
executor or administrator of the estate of the person.
``(6) If there is none of the above, to other next of kin
of the person entitled under the laws of domicile of the person
at the time of the person's death.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by striking ``Subsection
(a)(2)'' in the matter preceding paragraph (1) and
inserting ``Subsection (a)(3)'';
(B) by striking (c) and inserting the following new
subsection (c):
``(c) For purposes of subsection (a)(4), parents include fathers
and mothers through adoption. However, only one father and one mother
may be recognized in any case, and preference shall be given to those
who exercised a parental relationship on the date, or most nearly
before the date, on which the decedent entered a status described in
section 1475 or 1476 of this title.''; and
(C) by striking subsection (d).
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(4) Applicability.--Notwithstanding paragraph (3), the
provisions of section 1477 of title 10, United States Code, as
in effect on the day before the date of the enactment of this
Act, shall continue to apply to each member of the Armed Forces
covered by such section until the earlier of the following--
(A) the date on which such member makes the
designation contemplated by paragraph (1) of section
1477(a) of such title (as amended by paragraph (1) of
this subsection); or
(B) January 1, 2008.
(d) Regulations.--
(1) In general.--Not later than April 1, 2007, the
Secretary of Defense shall prescribe regulations to implement
the amendments to section 1477 of title 10, United States Code,
made by subsection (c).
(2) Elements.--The regulations required by paragraph (1)
shall include forms for the making of the designation
contemplated by paragraph (1) of section 1477(a) of title 10,
United States Code (as amended by subsection (c)), and
instructions for members of the Armed Forces in the filling out
of such forms.
|
Expresses the sense of Congress that all members of the Armed Forces should be permitted to select who shall receive the death gratuity (awarded for members who die while on active duty or inactive duty training), and that the Secretaries of Defense and the military departments should take appropriate action to afford members such opportunity, along with appropriate counseling.
Revises the current statutory priority list of designated death gratuity beneficiaries to place first in such list any individual designated by the person (member) in writing.
|
{"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to repeal the statutory designation of beneficiaries of the $100,000 death gratuity under section 1477 of title 10, United States Code, and to permit members of the Armed Forces to designate in writing their beneficiaries of choice in the event of their death while serving on active duty."}
| 1,295 | 105 | 0.544073 | 1.679599 | 0.508593 | 2.808511 | 13.457447 | 0.829787 |
SECTION 1. INCREASE IN DEPOSIT INSURANCE COVERAGE.
(a) In General.--Section 11(a)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1821(a)(1)) is amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Net amount of insured deposit.--The net
amount due to any depositor at an insured depository
institution shall not exceed the standard maximum
deposit insurance amount as determined in accordance
with subparagraphs (C), (D), (E), and (F) and paragraph
(3).''; and
(2) by adding at the end the following new subparagraphs:
``(E) Standard maximum deposit insurance amount
defined.--For purposes of this Act--
``(i) the term `standard maximum deposit
insurance amount' means--
``(I) until the effective date of
final regulations prescribed pursuant
to section 9(a)(2) of the Federal
Deposit Insurance Reform Act of 2005,
$100,000; and
``(II) on and after such effective
date, $100,000 or $500,000, at the
option of the insured depository
institution, and $250,000 or $500,000
for eligible retirement accounts, at
the option of the insured depository
institution, adjusted as provided under
subparagraph (F); and
``(ii) the term `eligible retirement plan'
has the same meaning as in section 402(c)(8)(B)
of the Internal Revenue Code of 1986.
``(F) Inflation adjustment.--
``(i) In general.--By April 1 of 2009, and
the 1st day of each subsequent 5-year period,
the Board of Directors and the National Credit
Union Administration Board shall jointly
consider the factors set forth under clause
(v), and, upon determining that an inflation
adjustment is appropriate, shall jointly
prescribe the amount by which the standard
maximum deposit insurance amount and the
standard maximum share insurance amount (as
defined in 207(k) of the Federal Credit Union
Act) applicable to any depositor at an insured
depository institution shall be increased by
calculating the product of--
``(I) $100,000 or $500,000, at the
option of the insured depository
institution, and $250,000 or $500,000
for eligible retirement accounts, at
the option of the insured depository
institution; and
``(II) the ratio of the published
annual value of the Personal
Consumption Expenditures Chain-Type
Price Index (or any successor index
thereto), published by the Department
of Commerce, for the calendar year
preceding the year in which the
adjustment is calculated under this
clause, to the published annual value
of such index as of the date this
subparagraph takes effect. The values
used in the calculation under subclause
(II) shall be, as of the date of the
calculation, the values most recently
published by the Department of
Commerce.
``(ii) Rounding.--If the amount determined
under clause (ii) for any period is not a
multiple of $10,000, the amount so determined
shall be rounded down to the nearest $10,000.
``(iii) Publication and report to the
congress.--Not later than April 5 of any
calendar year in which an adjustment is
required to be calculated under clause (i) to
the standard maximum deposit insurance amount
and the standard maximum share insurance amount
under such clause, the Board of Directors and
the National Credit Union Administration Board
shall--
``(I) publish in the Federal
Register the standard maximum deposit
insurance amount, the standard maximum
share insurance amount, and the amount
of coverage under paragraph (3)(A) and
section 207(k)(3) of the Federal Credit
Union Act, as so calculated; and
``(II) jointly submit a report to
the Congress containing the amounts
described in subclause (I).
``(iv) 6-month implementation period.--
Unless an Act of Congress enacted before July 1
of the calendar year in which an adjustment is
required to be calculated under clause (i)
provides otherwise, the increase in the
standard maximum deposit insurance amount and
the standard maximum share insurance amount
shall take effect on January 1 of the year
immediately succeeding such calendar year.''.
|
Amends the Federal Deposit Insurance Act to increase the standard maximum amount of deposit insurance from $100,000 to: (1) $500,000, at the option of the insured depository institution; and (2) $250,000 or $500,000 for eligible retirement accounts, at the institution's option. Requires an annual inflation adjustment.
Directs the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) Board to report to Congress and publish in the Federal Register any such inflation adjustments to the standard maximum deposit insurance amount and to the standard maximum share insurance amount.
|
{"src": "billsum_train", "title": "To reform the Federal Deposit Insurance System, and for other purposes."}
| 909 | 121 | 0.626 | 1.69232 | 0.557117 | 3.103448 | 7.551724 | 0.913793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety Net Extension Act''.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. PROGRAM EXTENSION.
Section 208 of the Temporary Extended Unemployment Compensation Act
of 2002 (26 U.S.C. 3304 note) is amended--
(1) in subsection (a), by striking ``June 1'' and inserting
``November 30''; and
(2) in subsection (b)--
(A) by striking ``May 31'' each place it appears
and inserting ``November 29''; and
(B) in paragraph (3), by striking ``August 30,
2003'' and inserting ``February 28, 2004''.
SEC. 102. ADDITIONAL WEEKS OF BENEFITS.
(a) In General.--Section 203 of the Temporary Extended Unemployment
Compensation Act of 2002 is amended by adding at the end the following:
``(d) Additional Weeks of Benefits.--Notwithstanding any other
provision of this section, upon the exhaustion of all amounts that may
be credited to an individual's account under the preceding provisions
of this section, such account shall be increased by an amount equal to
8 times the individual's average weekly benefit amount for the benefit
year (as determined under subsection (b)(2)).''.st
(b) Effective Date and Applicability.--The amendment made by
subsection (a)--
(1) shall take effect as if included in the enactment of
the Temporary Extended Unemployment Compensation Act of 2002,
and shall apply to weeks of unemployment beginning on or after
the date of the enactment of this Act, but
(2) shall not apply in the case of any individual whose
eligibility for additional weeks of benefits would be based on
an exhaustion of amounts (as required under such amendment)
occurring on or after the date of the enactment of this Act.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
SEC. 201. EXTENDED BENEFITS TRIGGER.
(a) In General.--Section 203(d) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subparagraph (B) of paragraph (1), by striking ``5
per centum'' and inserting ``4 per centum'', and
(2) in the first flush sentence following paragraph (2), by
striking ``5'' and inserting ``4''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to weeks of unemployment beginning on or after the date of the
enactment of this Act.
SEC. 202. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2006.
SEC. 203. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT
TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Subparagraph (C) of section 1202(b)(2) of the
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as
follows:
``(C) the average daily balance in the account of such
State in the Unemployment Trust Fund for each of 4 of the 5
calendar quarters preceding the calendar quarter in which such
advances were made exceeds the funding goal of such State (as
defined in section 904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to taxable years
beginning in 2003 or 2004.''.
(b) Effective Date.--The amendment made by this section shall take
apply to taxable years beginning after December 31, 2002.
SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
such organizations or other entities as the Secretary considers
appropriate, prescribe regulations requiring that additional
information be submitted by such State with respect to the amount of
such tax payable by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2003, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2004, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2003.
TITLE IV--TRADE ADJUSTMENT ASSISTANCE PROVISIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) Adjustment Assistance for Workers.--Section 245(a) of the Trade
Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``September 30,
2007'' and inserting ``September 30, 2009''.
(b) Adjustment Assistance for Firms.--Section 256(b) of the Trade
Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``2007'' and
inserting ``2009''.
(c) Adjustment Assistance for Farmers.--Section 298(a) of the Trade
Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking ``2007'' and
inserting ``2009''.
SEC. 402. DELEGATION OF FUNCTIONS, POWERS, AND DUTIES TO CARRY OUT THE
ADJUSTMENT ASSISTANCE FOR FIRMS PROGRAM.
(a) Delegation.--Section 256 of the Trade Act of 1974 (19 U.S.C.
2346) is amended--
(1) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(2) by inserting before subsection (b) (as redesignated)
the following:
``(a) Except as provided in subsection (b), the Secretary shall
delegate all functions, powers, and duties of the Secretary under this
chapter to the International Trade Administration.''; and
(3) in the heading, by striking ``to small business
administration''.
(b) Conforming Amendment.--The table of contents of the Trade Act
of 1974 is amended in the item relating to section 256 to read as
follows:
``Sec. 256. Delegation of functions; authorization of
appropriations.''.
(c) Effective Date.--The amendments made by this section shall take
effect beginning 60 days after the date of the enactment of this Act.
|
Safety Net Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUCA program through November 30, 2003, with a phaseout period through February 28, 2004; and (2) provide eight additional weeks of TEUC benefits to those who have exhausted theirs before enactment of this Act.
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the formula for the extended benefits trigger.
Amends the Social Security Act to require: (1) increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals; and (2) interest-free advances to State accounts in the Unemployment Trust Fund to be restricted to States which meet funding goals.
Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2003 and 2004; (2) allow certified States to elect to collect Federal unemployment taxes, under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.
Amends the Trade Act of 1974 to: (1) extend the authorizations of appropriations for adjustment assistance for workers, for firms, and for farmers; and (2) require delegation to the International Trade Administration of all functions, powers, and duties to carry out the program of adjustment assistance for firms (with the exception of such program for small firms, which continues to be delegated to the Small Business Administration).
|
{"src": "billsum_train", "title": "To provide for additional benefits under the Temporary Extended Unemployment Compensation Act of 2002, to extend the Federal unemployment benefits system, and for other purposes."}
| 3,442 | 312 | 0.512284 | 1.402925 | 0.747251 | 3.368243 | 9.996622 | 0.881757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement Training
Centers Reform and Improvement Act of 2015''.
SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
(a) Establishment.--Section 884 of the Homeland Security Act of
2002 (6 U.S.C. 464) is amended to read as follows:
``SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
``(a) Establishment.--The Secretary shall maintain in the
Department the Federal Law Enforcement Training Centers (FLETC), headed
by a Director, who shall report to the Secretary.
``(b) Position.--The Director shall occupy a career-reserved
position within the Senior Executive Service.
``(c) Functions of the Director.--The Director shall--
``(1) develop training goals and establish strategic and
tactical organizational program plan and priorities;
``(2) provide direction and management for FLETC's training
facilities, programs, and support activities while ensuring that
organizational program goals and priorities are executed in an
effective and efficient manner;
``(3) develop homeland security and law enforcement training
curricula, including curricula related to domestic preparedness and
response to threats or acts of terrorism, for Federal, State,
local, tribal, territorial, and international law enforcement and
security agencies and private sector security agencies;
``(4) monitor progress toward strategic and tactical FLETC
plans regarding training curricula, including curricula related to
domestic preparedness and response to threats or acts of terrorism,
and facilities;
``(5) ensure the timely dissemination of homeland security
information as necessary to Federal, State, local, tribal,
territorial, and international law enforcement and security
agencies and the private sector to achieve the training goals for
such entities, in accordance with paragraph (1);
``(6) carry out delegated acquisition responsibilities in a
manner that--
``(A) fully complies with--
``(i) Federal law;
``(ii) the Federal Acquisition Regulation, including
requirements regarding agency obligations to contract only
with responsible prospective contractors; and
``(iii) Department acquisition management directives;
and
``(B) maximizes opportunities for small business
participation;
``(7) coordinate and share information with the heads of
relevant components and offices on digital learning and training
resources, as appropriate;
``(8) advise the Secretary on matters relating to executive
level policy and program administration of Federal, State, local,
tribal, territorial, and international law enforcement and security
training activities and private sector security agency training
activities, including training activities related to domestic
preparedness and response to threats or acts of terrorism;
``(9) collaborate with the Secretary and relevant officials at
other Federal departments and agencies, as appropriate, to improve
international instructional development, training, and technical
assistance provided by the Federal Government to foreign law
enforcement; and
``(10) carry out such other functions as the Secretary
determines are appropriate.
``(d) Training Responsibilities.--
``(1) In general.--The Director is authorized to provide
training to employees of Federal agencies who are engaged, directly
or indirectly, in homeland security operations or Federal law
enforcement activities, including such operations or activities
related to domestic preparedness and response to threats or acts of
terrorism. In carrying out such training, the Director shall--
``(A) evaluate best practices of law enforcement training
methods and curriculum content to maintain state-of-the-art
expertise in adult learning methodology;
``(B) provide expertise and technical assistance, including
on domestic preparedness and response to threats or acts of
terrorism, to Federal, State, local, tribal, territorial, and
international law enforcement and security agencies and private
sector security agencies; and
``(C) maintain a performance evaluation process for
students.
``(2) Relationship with law enforcement agencies.--The Director
shall consult with relevant law enforcement and security agencies
in the development and delivery of FLETC's training programs.
``(3) Training delivery locations.--The training required under
paragraph (1) may be conducted at FLETC facilities, at appropriate
off-site locations, or by distributed learning.
``(4) Strategic partnerships.--
``(A) In general.--The Director may--
``(i) execute strategic partnerships with State and
local law enforcement to provide such law enforcement with
specific training, including maritime law enforcement
training; and
``(ii) coordinate with the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department
and with private sector stakeholders, including critical
infrastructure owners and operators, to provide training
pertinent to improving coordination, security, and
resiliency of critical infrastructure.
``(B) Provision of information.--The Director shall provide
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, upon request, information
on activities undertaken in the previous year pursuant to
subparagraph (A).
``(5) FLETC details to dhs.--The Director may detail employees
of FLETC to positions throughout the Department in furtherance of
improving the effectiveness and quality of training provided by the
Department and, as appropriate, the development of critical
departmental programs and initiatives.
``(6) Detail of instructors to fletc.--Partner organizations
that wish to participate in FLETC training programs shall assign
non-reimbursable detailed instructors to FLETC for designated time
periods to support all training programs at FLETC, as appropriate.
The Director shall determine the number of detailed instructors
that is proportional to the number of training hours requested by
each partner organization scheduled by FLETC for each fiscal year.
If a partner organization is unable to provide a proportional
number of detailed instructors, such partner organization shall
reimburse FLETC for the salary equivalent for such detailed
instructors, as appropriate.
``(7) Partner organization expenses requirements.--
``(A) In general.--Partner organizations shall be
responsible for the following expenses:
``(i) Salaries, travel expenses, lodging expenses, and
miscellaneous per diem allowances of their personnel
attending training courses at FLETC.
``(ii) Salaries and travel expenses of instructors and
support personnel involved in conducting advanced training
at FLETC for partner organization personnel and the cost of
expendable supplies and special equipment for such
training, unless such supplies and equipment are common to
FLETC-conducted training and have been included in FLETC's
budget for the applicable fiscal year.
``(B) Excess basic and advanced federal training.--All
hours of advanced training and hours of basic training provided
in excess of the training for which appropriations were made
available shall be paid by the partner organizations and
provided to FLETC on a reimbursable basis in accordance with
section 4104 of title 5, United States Code.
``(8) Provision of non-federal training.--
``(A) In general.--The Director is authorized to charge and
retain fees that would pay for its actual costs of the training
for the following:
``(i) State, local, tribal, and territorial law
enforcement personnel.
``(ii) Foreign law enforcement officials, including
provision of such training at the International Law
Enforcement Academies wherever established.
``(iii) Private sector security officers, participants
in the Federal Flight Deck Officer program under section
44921 of title 49, United States Code, and other
appropriate private sector individuals.
``(B) Waiver.--The Director may waive the requirement for
reimbursement of any cost under this section and shall maintain
records regarding the reasons for any requirements so waived.
``(9) Reimbursement.--The Director is authorized to reimburse
travel or other expenses for non-Federal personnel who attend
activities related to training sponsored by FLETC, at travel and
per diem rates established by the General Services Administration.
``(10) Student support.--In furtherance of its training
mission, the Director is authorized to provide the following
support to students:
``(A) Athletic and related activities.
``(B) Short-term medical services.
``(C) Chaplain services.
``(11) Authority to hire federal annuitants.--
``(A) In general.--Notwithstanding any other provision of
law, the Director is authorized to appoint and maintain, as
necessary, Federal annuitants who have expert knowledge and
experience to meet the training responsibilities under this
subsection.
``(B) No reduction in retirement pay.--A Federal annuitant
employed pursuant to this paragraph shall not be subject to any
reduction in pay for annuity allocable to the period of actual
employment under the provisions of section 8344 or 8468 of
title 5, United States Code, or similar provision of any other
retirement system for employees.
``(C) Re-employed annuitants.--A Federal annuitant employed
pursuant to this paragraph shall not be considered an employee
for purposes of subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or such other retirement system
(referred to in subparagraph (B)) as may apply.
``(D) Counting.--Federal annuitants shall be counted on a
full time equivalent basis.
``(E) Limitation.--No appointment under this paragraph may
be made which would result in the displacement of any employee.
``(12) Travel for intermittent employees.--The Director is
authorized to reimburse intermittent Federal employees traveling
from outside a commuting distance (to be predetermined by the
Director) for travel expenses.
``(e) On-FLETC Housing.--Notwithstanding any other provision of
law, individuals attending training at any FLETC facility shall, to the
extent practicable and in accordance with FLETC policy, reside in on-
FLETC or FLETC-provided housing.
``(f) Additional Fiscal Authorities.--In order to further the goals
and objectives of FLETC, the Director is authorized to--
``(1) expend funds for public awareness and to enhance
community support of law enforcement training, including the
advertisement of available law enforcement training programs;
``(2) accept and use gifts of property, both real and personal,
and to accept gifts of services, for purposes that promote the
functions of the Director pursuant to subsection (c) and the
training responsibilities of the Director under subsection (d);
``(3) accept reimbursement from other Federal agencies for the
construction or renovation of training and support facilities and
the use of equipment and technology on government owned-property;
``(4) obligate funds in anticipation of reimbursements from
agencies receiving training at FLETC, except that total obligations
at the end of a fiscal year may not exceed total budgetary
resources available at the end of such fiscal year;
``(5) in accordance with the purchasing authority provided
under section 505 of the Department of Homeland Security
Appropriations Act, 2004 (Public Law 108-90; 6 U.S.C. 453a)--
``(A) purchase employee and student uniforms; and
``(B) purchase and lease passenger motor vehicles,
including vehicles for police-type use;
``(6) provide room and board for student interns; and
``(7) expend funds each fiscal year to honor and memorialize
FLETC graduates who have died in the line of duty.
``(g) Definitions.--In this section:
``(1) Basic training.--The term `basic training' means the
entry-level training required to instill in new Federal law
enforcement personnel fundamental knowledge of criminal laws, law
enforcement and investigative techniques, laws and rules of
evidence, rules of criminal procedure, constitutional rights,
search and seizure, and related issues.
``(2) Detailed instructors.--The term `detailed instructors'
means personnel who are assigned to the Federal Law Enforcement
Training Centers for a period of time to serve as instructors for
the purpose of conducting basic and advanced training.
``(3) Director.--The term `Director' means the Director of the
Federal Law Enforcement Training Centers.
``(4) Distributed learning.--The term `distributed learning'
means education in which students take academic courses by
accessing information and communicating with the instructor, from
various locations, on an individual basis, over a computer network
or via other technologies.
``(5) Employee.--The term `employee' has the meaning given such
term in section 2105 of title 5, United States Code.
``(6) Federal agency.--The term `Federal agency' means--
``(A) an Executive Department as defined in section 101 of
title 5, United States Code;
``(B) an independent establishment as defined in section
104 of title 5, United States Code;
``(C) a Government corporation as defined in section 9101
of title 31, United States Code;
``(D) the Government Printing Office;
``(E) the United States Capitol Police;
``(F) the United States Supreme Court Police; and
``(G) Government agencies with law enforcement related
duties.
``(7) Law enforcement personnel.--The term `law enforcement
personnel' means an individual, including criminal investigators
(commonly known as `agents') and uniformed police (commonly known
as `officers'), who has statutory authority to search, seize, make
arrests, or to carry firearms.
``(8) Local.--The term `local' means--
``(A) of or pertaining to any county, parish, municipality,
city, town, township, rural community, unincorporated town or
village, local public authority, educational institution,
special district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State law),
regional or interstate government entity, any agency or
instrumentality of a local government, or any other political
subdivision of a State; and
``(B) an Indian tribe or authorized tribal organization, or
in Alaska a Native village or Alaska Regional Native
Corporation.
``(9) Partner organization.--The term `partner organization'
means any Federal agency participating in FLETC's training programs
under a formal memorandum of understanding.
``(10) State.--The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United States.
``(11) Student intern.--The term `student intern' means any
eligible baccalaureate or graduate degree student participating in
FLETC's College Intern Program.
``(h) Prohibition on New Funding.--No funds are authorized to carry
out this section. This section shall be carried out using amounts
otherwise appropriated or made available for such purpose.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by amending the item
relating to section 884 to read as follows:
``Sec. 884. Federal Law Enforcement Training Centers.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
(This measure has not been amended since it was passed by the Senate on December 10, 2016. Federal Law Enforcement Training Centers Reform and Improvement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to codify the establishment of the Federal Law Enforcement Training Center (FLETC) within the Department of Homeland Security (DHS). The FLETC must be headed by a director who reports to the DHS Secretary. The bill sets forth functions of the director, including to: establish and execute organizational plans and priorities; direct and manage training facilities, programs, and activities; develop training goals and curricula; disseminate homeland security information to law enforcement and security agencies and private sector stakeholders; conduct acquisition in compliance with federal law and regulations; coordinate and share digital resources with federal agencies; and collaborate to improve international instructional development, training, and technical assistance to foreign law enforcement. Additionally, the bill sets forth training responsibilities of the FLETC and partner organizations (i.e., federal agencies that participate in FLETC training programs under a formal memorandum of understanding). It authorizes the FLETC to: (1) train federal employees engaged in homeland security operations or law enforcement activities, and (2) execute strategic partnerships with state and local law enforcement agencies and coordinate with private sector stakeholders to provide training. The FLETC must consult with relevant law enforcement and security agencies to develop and deliver training programs. A partner organization must pay for and assign non-reimbursable detailed instructors to support training programs. The FLETC may conduct federal employee trainings at FLETC facilities, at off-site locations, or by distributed learning (e.g., online); detail its employees throughout DHS; charge fees for non-federal trainings; provide certain student support services; hire retired federal employees with training experience; and reimburse travel expenses of non-federal and intermittent federal employees. Individuals who attend FLETC training must reside in FLETC housing, to the extent practicable. Finally, the bill codifies existing authorities of the FLETC to spend funds to promote awareness of and support for law enforcement training, accept and use gifts for authorized purposes, accept reimbursement for the construction or renovation of training facilities, obligate funds in anticipation of reimbursements, purchase uniforms and passenger vehicles, and provide room and board for student interns. It also authorizes the FLETC to spend funds to honor and memorialize FLETC graduates who have died in the line of duty.
|
{"src": "billsum_train", "title": "Federal Law Enforcement Training Centers Reform and Improvement Act of 2015"}
| 3,357 | 522 | 0.654613 | 2.358048 | 0.752348 | 2.987013 | 6.746753 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities and Exchange Commission
Fee Reduction Act of 1996''.
SEC. 2. REDUCING REGISTRATION FEES.
Section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) is
amended to read as follows:
``(b) Registration Fee.--
``(1) Fee payment required.--
``(A) In general.--At the time of filing a
registration statement, the applicant shall pay to the
Commission a fee that shall be equal to the sum of the
amounts (if any) determined under the rates established
by paragraph (3).
``(B) Publication of fees.--The Commission shall
publish in the Federal Register notices of the fee
rates applicable under this subsection for each fiscal
year.
``(C) Amounts of fees.--In no case shall a minimum
fee required by this subsection be greater than $100.
``(2) General revenue fees.--
``(A) Rate.--The rate determined under this
paragraph is a rate equal to--
``(i) during each fiscal year before fiscal
year 2002, $200 for each $1,000,000 of the
maximum aggregate price at which the subject
securities are proposed to be offered; and
``(ii) during fiscal year 2002 and each
succeeding fiscal year, $182 for each
$1,000,000 of the maximum aggregate price at
which the subject securities are proposed to be
offered.
``(B) Revenues of treasury.--Fees collected during
any fiscal year pursuant to this paragraph shall be
deposited and credited as general revenues of the
Treasury.
``(3) Offsetting collection fees.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), for each $1,000,000 of the
maximum aggregate price at which the subject securities
are proposed to be offered, the rate determined under
this paragraph is a rate equal to--
``(i) $103 during fiscal year 1997;
``(ii) $70 during fiscal year 1998;
``(iii) $38 during fiscal year 1999;
``(iv) $17 during fiscal year 2000; and
``(v) $0 during fiscal year 2001 or any
succeeding fiscal year.
``(B) Limitation; deposit.--Except as provided in
subparagraph (C), no amounts shall be collected
pursuant to this paragraph for any fiscal year except
to the extent provided in advance in appropriations
Acts. Fees collected during any fiscal year pursuant to
this paragraph shall be deposited and credited as
offsetting collections in accordance with
appropriations Acts.
``(C) Lapse of appropriations.--If, on the first
day of a fiscal year, a regular appropriation to the
Commission has not been enacted, the Commission shall
continue to collect fees (as offsetting collections)
under this paragraph at the rate in effect during the
preceding fiscal year, until such a regular
appropriation is enacted.''.
SEC. 3. TRANSACTION FEES.
(a) Amendment.--Section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) is amended to read as follows:
``SEC. 31. TRANSACTION FEES.
``(a) Exchange-Traded Securities.--
``(1) Rate.--Each national securities exchange shall pay to
the Commission a fee at a rate equal to--
``(A) $33 for each $1,000,000 of the aggregate
dollar amount of sales of securities (other than bonds,
debentures, and other evidences of indebtedness)
transacted on such national securities exchange during
the period to which the fee relates under subsection
(d); and
``(B) for fiscal year 2002 and each succeeding
fiscal year, $25 for each $1,000,000 of such aggregate
dollar amount of sales during the period to which the
fee relates under subsection (d).
``(2) Revenues of treasury.--Fees collected pursuant to
this subsection shall be deposited and collected as general
revenue of the Treasury.
``(b) Off-Exchange-Trades of Exchange-Registered Securities.--
``(1) Rates.--Each national securities association shall
pay to the Commission a fee at a rate equal to--
``(A) $33 for each $1,000,000 of the aggregate
dollar amount of sales transacted during the period to
which the fee relates under subsection (d) by or
through any member of such association otherwise than
on a national securities exchange of securities
registered on such an exchange (other than bonds,
debentures, and other evidences of indebtedness); and
``(B) for fiscal year 2002 and each succeeding
fiscal year, $25 for each $1,000,000 of the aggregate
dollar amount of sales referral to in subparagraph (A)
during the period to which the fee relates under
subsection (d).
``(2) Revenues of treasury.--Fees collected pursuant to
this subsection shall be deposited and collected as general
revenue of the Treasury.
``(c) Off-Exchange-Trades of Last-Sale-Reported Securities.--
``(1) Covered transactions.--Each national securities
association shall pay to the Commission a fee at a rate equal
to the dollar amount determined under paragraph (2) for each
$1,000,000 of the aggregate dollar amount of sales transacted
during the period to which the fee relates under subsection (d)
by or through any member of such association otherwise than on
a national securities exchange of securities (other than bonds,
debentures, and other evidences of indebtedness) subject to
prompt last sale reporting pursuant to the rules of the
Commission or a registered national securities association,
excluding any sales for which a fee is paid under subsection
(b).
``(2) Fee rates.--Except as provided in paragraph (4), the
dollar amount determined under this paragraph is--
``(A) $12 for fiscal year 1997;
``(B) $14 for fiscal year 1998;
``(C) $17 for fiscal year 1999;
``(D) $18 for fiscal year 2000;
``(E) $20 for fiscal year 2001; and
``(F) $25 for fiscal year 2002 or for any
succeeding fiscal year.
``(3) Limitation; deposit of fees.--Except as provided in
paragraph (4), no amounts shall be collected pursuant to this
subsection for any fiscal year beginning before October 1,
2001, except to the extent provided in advance in
appropriations Acts. Fees collected during any such fiscal year
pursuant to this subsection shall be deposited and credited as
offsetting collections to the account providing appropriations
to the Commission, except that any amounts in excess of the
following amounts (and any amount collected for fiscal years
beginning on or after October 1, 2001) shall be deposited and
credited as general revenues of the Treasury:
``(A) $20,000,000 for fiscal year 1997.
``(B) $26,000,000 for fiscal year 1998.
``(C) $32,000,000 for fiscal year 1999.
``(D) $32,000,000 for fiscal year 2000.
``(E) $32,000,000 for fiscal year 2001.
``(F) $0 for fiscal year 2002 and any succeeding
fiscal year.
``(4) Lapse of appropriations.--If, on the first day of a
fiscal year, a regular appropriation to the Commission has not
been enacted, the Commission shall continue to collect fees (as
offsetting collections) under this subsection at the rate in
effect during the preceding fiscal year, until such a regular
appropriation is enacted.
``(d) Dates for Payment of Fees.--The fees required by subsections
(a), (b), and (c) shall be paid--
``(1) on or before March 15, with respect to transactions
and sales occurring during the period beginning on the
preceding September 1 and ending at the close of the preceding
December 31; and
``(2) on or before September 30, with respect to
transactions and sales occurring during the period beginning on
the preceding January 1 and ending at the close of the
preceding August 31.
``(e) Exemptions.--
``(1) Commission authority.--The Commission may, by rule,
exempt any sale of securities or any class of sales of
securities from any fee imposed by this section, if the
Commission finds that such exemption is consistent with the
public interest, the equal regulation of markets and brokers
and dealers, and the development of a national market system.
``(2) Low-volume transactions.--No fee shall be assessed
under this section for transactions involving portfolios of
equity securities taking place at times of day characterized by
low volume and during nontraditional trading hours, as
determined by the Commission.
``(f) Publication.--The Commission shall publish in the Federal
Register notices of the fee rates applicable under this section for
each fiscal year.''.
(b) Effective Date; Transition.--
(1) Effective date.--Except as provided in paragraph (2),
the amendment made by subsection (a) shall apply with respect
to transactions in securities that occur on or after October 1,
1996.
(2) Off-exchange trades of last sale reported
transactions.--The amendment made by subsection (a) shall apply
with respect to transactions described in section 31(d)(1) of
the Securities Exchange Act of 1934 (as amended by subsection
(a) of this section) that occur on or after October 1, 1996.
(3) Rule of construction.--Nothing in this subsection shall
be construed to affect the obligation of national securities
exchanges and registered brokers and dealers under section 31
of the Securities Exchange Act of 1934, as in effect on the day
before the effective date of the amendment made by subsection
(a), to make the payments required by such section on March 15,
1997.
SEC. 4. TIME FOR PAYMENT.
Section 4(e) of the Securities Exchange Act of 1934 (15 U.S.C.
78d(e)) is amended by inserting before the period at the end the
following: ``, and the Commission may also specify the time that such
fee shall be determined and paid relative to the filing of any
statement or document with the Commission''.
SEC. 5. ELIMINATION OF UNNECESSARY FEES.
The fees authorized by the amendments made by this Act are in lieu
of, and not in addition to, any fees that the Securities and Exchange
Commission is authorized to impose or collect pursuant to section 9701
of title 31, United States Code.
|
Securities and Exchange Commission Fee Reduction Act of 1996 - Amends the Securities Act of 1933 to: (1) prohibit the minimum required registration fee from exceeding $100 (current law prohibits the minimum fee from being less than $100); and (2) set forth a schedule for general revenue fees and offsetting collection fees in diminishing amounts through FY 2001.
(Sec. 3) Amends the Securities Exchange Act of 1934 to revise the transaction fee schedule for: (1) exchange-traded securities; (2) off-exchange trades of exchange-registered securities; (3) off-exchange trades of last-sale-reported securities.
Declares that such fees are in lieu of, and not in addition to, any fees that the Securities and Exchange Commission is authorized to impose or collect.
|
{"src": "billsum_train", "title": "Securities and Exchange Commission Fee Reduction Act of 1996"}
| 2,340 | 170 | 0.551041 | 1.512986 | 0.785157 | 4.050314 | 13.647799 | 0.880503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Telemedicine Development Act
of 1993''.
SEC. 2. PURPOSE.
It is the purpose of this Act to support the development of
telemedicine projects that are designed to improve the delivery,
accessability and affordability of health care services to Americans
living in rural areas. This Act is intended to--
(1) assist rural hospitals and other rural health care
providers in dealing with personnel shortages and shared
staffing arrangements by providing such providers with the
telecommunications technology necessary to maintain contact
with itinerant staff and remote specialists;
(2) reduce the cost of care for rural patients and
strengthen rural health care providers by using
telecommunications technologies to permit such patients to stay
in their local hospitals and to receive other health services
locally whenever possible and appropriate, by reducing
paperwork costs and by improving coordination and efficiency in
the delivery of health care;
(3) provide rural health care providers with access, via
telecommunications systems, to equipment, specialists, and
continuing education programs that are otherwise generally not
available in rural areas; and
(4) demonstrate the effectiveness of fiber optics
telecommunication systems in improving the quality and access
of health care services in rural areas.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAMS.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended--
(1) in the title heading by striking out ``AND HEALTH
PROMOTION'' and inserting in lieu thereof ``, HEALTH PROMOTION
AND TELEMEDICINE DEVELOPMENT'';
(2) by inserting after the title heading the following:
``Part A--Health Information and Health Promotion'';
and
(3) by adding at the end thereof the following new part:
``Part B--Telemedicine Development
``SEC. 1711. GRANT PROGRAM FOR PROMOTING THE INITIAL DEVELOPMENT OF
RURAL TELEMEDICINE NETWORKS.
``(a) Establishment.--The Secretary shall award grants to eligible
entities described in section 1714(a) for the purpose of encouraging
the initial development of rural telemedicine networks. Grants shall be
awarded under this section to encourage the formation of rural health
care networks that could benefit from the use of telecommunications
technology in providing health services to rural areas.
``(b) Application.--To be eligible to receive a grant under this
section an entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including a description of
the use to which the entity will apply any amounts received under such
grant.
``(c) Preference in Awarding Grants.--The Secretary shall, in
awarding grant under subsection (a), give preference to applicants
that--
``(1) are participants in rural health care networks or
that propose to form such networks;
``(2) can demonstrate broad geographic coverage in the
rural areas of the State, or States in which the applicant is
located; and
``(3) propose to use Federal funds to develop plans for, or
to establish, pilot telecommunications systems that will link
rural hospitals and other rural health care providers to other
hospitals, and health care providers.
``SEC. 1712. GRANT PROGRAM FOR THE ESTABLISHMENT OF ADVANCED RURAL
TELEMEDICINE NETWORKS.
``(a) Establishment.--The Secretary shall award grants to rural
health networks for the purpose of linking such networks together using
advanced telemedicine systems. Grants shall be awarded under this
section to further develop telemedicine projects initiated by these
rural health care networks.
``(b) Application.--To be eligible to receive a grant under this
section an entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including a description of
the use to which the entity will apply any amounts received under such
grant.
``(c) Minimum Qualifications.--The Secretary may not award a grant
to an applicant under subsection (a) unless--
``(1) the applicant is determined by the Secretary to
include one or more rural health network; and
``(2) the applicant can demonstrate broad geographical
coverage in the rural areas of the State or States in which it
is located.
``(d) Preferences in Awarding Grants.--The Secretary shall, in
awarding grants under subsection (a), give preference to qualified
applicants that--
``(1) can demonstrate that a majority of the hospitals and
other providers participating in the applicant group have
functioned as networks for at least 1 year prior to applying
for funding under this section; and
``(2) will use amounts provided under the grant to provide
a range of telecommunications applications such as
teleradiology, telepathology, interactive video consultation
and remote educational services and to promote areawide health
planning and greater efficiency in administrative activities.
``SEC. 1713. GRANT PROGRAM FOR THE ESTABLISHMENT OF ADVANCED FIBER
OPTIC BASED RURAL TELEMEDICINE NETWORKS.
``(a) Establishment.--The Secretary shall award grants to rural
health networks for the purpose of linking these networks to existing
fiber optic telecommunications systems.
``(b) Application.--To be eligible to receive a grant under this
section an entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including a description of
the use to which the entity will apply any amounts received under such
grant.
``(c) Minimum Qualifications.--The Secretary may not award a grant
to an applicant under subsection (a) unless--
``(1) the applicant is determined by the Secretary to
include one or more rural health network;
``(2) the applicant group can demonstrate broad
geographical coverage in the rural areas of the State or States
in which it is located; and
``(3) the applicant group will participate in an existing
fiber optic telecommunications system.
``(d) Preferences in Awarding Grants.--The Secretary shall, in
awarding grants under subsection (a), give preference to qualified
applicants that--
``(1) will use grant funds to provide a range of
telecommunications applications including teleradiology,
telepathology, interactive video consultation and remote
educational services and to promote areawide health planning
and greater efficiency in administrative activities;
``(2) demonstrate that the majority of the hospitals and
other providers participating in the applicant group have
functioned as networks for at least 1 year prior to applying
for funding under this section; and
``(3) will participate in an existing Statewide fiber
optics cable system.
``SEC. 1714. USE OF FUNDS FOR INITIAL DEVELOPMENT GRANT PROGRAMS.
``(a) Eligible Entities.--Entities eligible to receive a grant
under section 1711 shall include hospitals, hospital networks, and
other health care providers.
``(b) Use of Amounts.--Amounts received under a grant awarded under
section 1711 shall be utilized for the initial development of rural
telemedicine networks, including the establishment of pilot
telemedicine projects involving two or more providers. Such amounts may
be used to cover the costs associated with the development of
telemedicine networks and the acquisition or construction of
telecommunications facilities and equipment including--
``(1) the development and acquisition through lease or
purchase of computer hardware and software, audio and visual
equipment, computer network equipment, telecommunications
transmission facilities, telecommunications terminal equipment,
interactive video equipment, data terminal equipment, and other
facilities and equipment that would further the purposes
authorized by this part;
``(2) the provision of technical assistance and instruction
for the development and use of such programming, equipment, or
facilities;
``(3) the development and acquisition of instructional
programming; or
``(4) such other uses that are consistent with achieving
the purposes of this part as approved by the Secretary.
``SEC. 1715. USE OF FUNDS FOR ADVANCED TELEMEDICINE GRANT PROGRAMS.
``Grants under sections 1712 and 1713 shall be available to health
care networks for the development of telemedicine networks and the
acquisition or construction of telecommunications facilities and
equipment including--
``(1) the development and acquisition through lease or
purchase of computer hardware and software, audio and visual
equipment, computer network equipment, telecommunications
transmission facilities, telecommunications terminal equipment,
interactive video equipment, data terminal equipment, and other
facilities and equipment that would further the purposes
authorized by this part;
``(2) the provision of technical assistance and instruction
for the development and use of such programming, equipment, or
facilities;
``(3) the development and acquisition of instructional
programming; or
``(4) such other uses that are consistent with achieving
the purposes of this part as approved by the Secretary.
``SEC. 1716. DEFINITIONS.
``For the purposes of this part:
``(1) Computer networks.--The term `computer networks'
means computer hardware and software, terminals, signal
conversion equipment including both modulators and
demodulators, or related devices, used to communicate with
other computers to process and exchange data through a
telecommunication network in which signals are generated,
modified, or prepared for transmission, or received, via
telecommunications terminal equipment and telecommunications
transmission facilities.
``(2) Data terminal equipment.--The term `data terminal
equipment' means equipment that converts user information into
data signals for transmission, or reconverts the received data
signals into user information, and is normally found on the
terminal of a circuit and on the premises of the end user.
``(3) Fiber optic cable.--The term `fiber optic cable'
means a bundle of optical transmission elements or waveguides
usually consisting of a fiber core and fiber cladding that can
guide a lightwave and that are incorporated into an assembly of
materials that provide tensile strength and external
protection.
``(4) Interactive video equipment.--The term `interactive
video equipment' means equipment used to produce and prepare
for transmission audio and visual signals from at least two
distant locations in order that individuals at such locations
can verbally and visually communicate with each other, and such
equipment includes monitors, other display devices, cameras or
other recording devices, audio pickup devices, and other
related equipment.
``(5) Health care network.--The term `rural health care
network' means a group of rural hospitals or other rural health
care providers (including clinics, physicians and non-physician
primary care providers) that have entered into a formal
relationship with each other or with nonrural hospitals and
health care providers for the purpose of strengthening the
delivery of health care services in rural areas or specifically
to improve their patients' access to telemedicine services. At
least 75 percent of hospitals and other health care providers
participating in the network shall be located in rural areas.
``(6) Statewide fiber optic cable system.--The term
`Statewide fiber optic cable system' means a telecommunications
system that will carry voice, data, and full motion video
traffic through fiber optic cable to a point of presence in
every county in the State in which it is located.
``(7) Telecommunications terminal equipment.--The term
`telecommunications terminal equipment' means the assembly of
telecommunications equipment at the end of a circuit, normally
located on the premises of the end user, that interfaces with
telecommunications transmission facilities, and that is used to
modify, convert, encode, or otherwise prepare signals to be
transmitted via such telecommunications facilities, or that is
used to modify, reconvert or carry signals received from such
facilities, the purpose of which is to accomplish the goal for
which the circuit was established.
``(8) Telecommunications transmission facilities.--The term
`telecommunications transmission facilities' means those
facilities that transmit, receive, or carry data between the
telecommunications terminal equipment at each end of a
telecommunications circuit or path. Such facilities include
microwave antennae, relay stations and towers, other
telecommunications antennae, fiber-optic cables and repeaters,
coaxial cables, communication satellite ground station
complexes, copper cable electronic equipment associated with
telecommunications transmissions, and similar items as defined
by the Secretary.
``SEC. 1717. AUTHORIZATION OF APPROPRIATIONS.
``For the purposes of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 1994 through 1997.''.
|
Rural Telemedicine Development Act of 1993 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants: (1) to hospitals, hospital networks, and other health care providers to encourage the initial development of rural telemedicine networks to use telecommunications technology in providing health services to rural areas; and (2) for linking such networks together using advanced telemedicine systems and for linking such networks to existing fiber optic telecommunications systems.
Sets forth provisions regarding: (1) application requirements; (2) preferences in awarding grants; and (3) use of funds for initial development and advanced telemedicine grant programs. Authorizes appropriations.
|
{"src": "billsum_train", "title": "Rural Telemedicine Development Act of 1993"}
| 2,749 | 137 | 0.650009 | 1.745989 | 0.695406 | 3.34375 | 19.835938 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Senior Citizens Pet
Ownership Protection Act''.
SEC. 2. PET OWNERSHIP.
Section 227 of the Housing and Urban-Rural Recovery Act of 1983 (12
U.S.C. 1701r-1) is amended--
(1) by striking the section heading and inserting the
following new section heading:
``pet ownership by elderly and disabled families in federally assisted
rental housing'';
(2) by striking subsection (d);
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following new
subsection:
``(c) Pet Ownership by Elderly Families in Other Federally Assisted
Housing.--
``(1) Rights of tenants.--No owner or manager of any other
federally assisted rental housing may--
``(A) as a condition of tenancy or otherwise,
prohibit or prevent any tenant in such housing who is
an elderly family from owning common household pets or
having common household pets living in the dwelling
accommodations of such tenant in such housing;
``(B) as a condition of tenancy or otherwise,
prohibit or prevent any tenant in such housing who,
during such tenancy, was an elderly family who owned or
had a common household pet living in the dwelling
accommodations of such tenant in such housing from
continuing to own or have the pet in the accommodations
after the tenant no longer qualifies as an elderly
family; or
``(C) restrict or discriminate against any elderly
family in connection with admission to, or continued
occupancy of, such housing by reason of the ownership
of such pets by, or the presence of such pets in the
dwelling accommodations of, such person.
``(2) Regulations.--
``(A) Requirement.--The Secretary of Housing and
Urban Development and the Secretary of Agriculture
shall each issue such regulations as may be necessary
to ensure--
``(i) compliance with the provisions of
paragraph (1) with respect to any program of
assistance referred to in subsection (e)(3)
that is administered by such Secretary; and
``(ii) attaining the goal of providing
decent, safe, and sanitary housing for elderly
families.
``(B) Management guidelines.--Such regulations
shall establish guidelines under which the owner or
manager of any other federally assisted rental housing
(i) may prescribe reasonable rules for the keeping of
pets in such housing by tenants pursuant to paragraph
(1), and (ii) shall consult with the tenants of such
housing in prescribing such rules. Such rules may
consider factors such as density of tenants, pet size,
types of pets, potential financial obligations of
tenants, and standards of pet care.'';
(5) in subsection (d) (as so redesignated by paragraph
(3))--
(A) by inserting ``Authority to Remove Pets.--''
after ``(d)''; and
(B) by inserting after ``handicapped'' the
following: ``or of other federally assisted rental
housing''; and
(6) by adding at the end the following new subsection:
``(f) Definitions.--For purposes of this section:
``(1) Elderly and disabled families.--The terms `elderly
families' and `disabled families' shall have the meanings given
such terms in section 3(b)(3) of the United States Housing Act
of 1937.
``(2) Federally assisted rental housing for the elderly or
disabled.--The term `federally assisted rental housing for the
elderly or disabled' means any rental housing project that is
assisted under--
``(A) section 202 of the Housing Act of 1959;
``(B) section 811 of the Cranston-Gonzalez National
Affordable Housing Act; or
``(C) the United States Housing Act of 1937, the
National Housing Act, or title V of the Housing Act of
1949, and is designated for occupancy by elderly or
disabled families or by elderly or handicapped
families.
``(3) Other federally assisted rental housing.--The term
`other federally assisted rental housing' means any--
``(A) public housing project (as such term is
defined in section 3(b) of the United States Housing
Act of 1937);
``(B) housing for which project-based assistance is
provided under section 8 of the United States Housing
Act of 1937;
``(C) housing financed by a loan or mortgage
insured under section 221(d)(3) of the National Housing
Act that bears interest at a rate determined under the
proviso of section 221(d)(5) of such Act;
``(D) housing insured, assisted, or held by the
Secretary of Housing and Urban Development or a State
or State agency under section 236 of the National
Housing Act;
``(E) housing constructed or substantially
rehabilitated pursuant to assistance provided under
section 8(b)(2) of the United States Housing Act of
1937, as in effect before October 1, 1983, that is
assisted under a contract for assistance under such
section; and
``(F) rental housing project assisted under title V
of the Housing Act of 1949.''.
SEC. 3. REGULATIONS AND EFFECTIVE DATE.
(a) Regulations.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development and the Secretary of
Agriculture shall each issue any regulations necessary to carry out
section 227 of the Housing and Urban-Rural Recovery Act of 1983, as
amended by section 2 of this Act.
(b) Effective Date.--Section 227 of the Housing and Urban-Rural
Recovery Act of 1983, as amended by section 2 of this Act, shall take
effect upon the earlier of--
(1) the effective date of the regulations issued under
subsection (a); or
(2) the expiration of the 18-month period beginning on the
date of the enactment of this Act.
After the enactment of this Act and before the effective date under the
preceding sentence, the provisions of such section 227 shall continue
to apply as if the amendments made section 2 of this Act had not been
enacted.
|
National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.
|
{"src": "billsum_train", "title": "National Senior Citizens Pet Ownership Protection Act"}
| 1,353 | 51 | 0.566013 | 1.33114 | 1.165318 | 4 | 30.666667 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Homeownership and Equity
Protection Act''.
SEC. 2. ELIGIBILITY FOR RELIEF.
Section 109 of title 11, United States Code, is amended--
(1) by adding at the end of subsection (e) the following:
``For purposes of this subsection, the computation of debts
shall not include the secured or unsecured portions of--
``(1) debts secured by the debtor's principal residence if
the current value of that residence is less than the secured
debt limit; or
``(2) debts secured or formerly secured by real property
that was the debtor's principal residence that was sold in
foreclosure or that the debtor surrendered to the creditor if
the current value of such real property is less than the
secured debt limit.''; and
(2) by adding at the end of subsection (h) the following:
``(5) The requirements of paragraph (1) shall not apply in a case
under chapter 13 with respect to a debtor who submits to the court a
certification that the debtor has received notice that the holder of a
claim secured by the debtor's principal residence may commence a
foreclosure on the debtor's principal residence.''.
SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322(b) of title 11, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12),
(2) in paragraph (10) by striking ``and'' at the end, and
(3) by inserting after paragraph (10) the following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
loan made before the date of the enactment of the Emergency
Homeownership and Equity Protection Act secured by a security
interest in the debtor's principal residence that is the
subject of a notice that a foreclosure may be commenced, modify
the rights of the holder of such claim--
``(A) by providing for payment of the amount of the
allowed secured claim as determined under section
506(a)(1);
``(B) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan;
``(C) by modifying the terms and conditions of such
loan--
``(i) to extend the repayment period for a
period that is no longer than the longer of 40
years (reduced by the period for which such
loan has been outstanding) or the remaining
term of such loan, beginning on the date of the
order for relief under this chapter; and
``(ii) to provide for the payment of
interest accruing after the date of the order
for relief under this chapter at an annual
percentage rate calculated at a fixed annual
percentage rate, in an amount equal to the then
most recently published annual yield on
conventional mortgages published by the Board
of Governors of the Federal Reserve System, as
of the applicable time set forth in the rules
of the Board, plus a reasonable premium for
risk; and
``(D) by providing for payments of such modified
loan directly to the holder of the claim; and''.
SEC. 4. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, the United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end,
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon, and
(3) by adding at the end the following:
``(3) the debtor, the debtor's property, and property of
the estate are not liable for a fee, cost, or charge that is
incurred while the case is pending and arises from a debt that
is secured by the debtor's principal residence except to the
extent that--
``(A) the holder of the claim for such debt files
with the court (annually or, in order to permit filing
consistent with clause (ii), at such more frequent
periodicity as the court determines necessary) notice
of such fee, cost, or charge before the earlier of--
``(i) 1 year after such fee, cost, or
charge is incurred; or
``(ii) 60 days before the closing of the
case; and
``(B) such fee, cost, or charge--
``(i) is lawful under applicable
nonbankruptcy law, reasonable, and provided for
in the applicable security agreement; and
``(ii) is secured by property the value of
which is greater than the amount of such claim,
including such fee, cost, or charge;
``(4) the failure of a party to give notice described in
paragraph (3) shall be deemed a waiver of any claim for fees,
costs, or charges described in paragraph (3) for all purposes,
and any attempt to collect such fees, costs, or charges shall
constitute a violation of section 524(a)(2) or, if the
violation occurs before the date of discharge, of section
362(a); and
``(5) a plan may provide for the waiver of any prepayment
penalty on a claim secured by the debtor's principal
residence.''.
SEC. 5. CONFIRMATION OF PLAN.
Section 1325(a) of title 11, the United States Code, is amended--
(1) in paragraph (8) by striking ``and'' at the end,
(2) in paragraph (9) by striking the period at the end and
inserting a semicolon, and
(3) by inserting after paragraph (9) the following:
``(10) notwithstanding subclause (I) of paragraph
(5)(B)(i), the plan provides that the holder of a claim whose
rights are modified pursuant to section 1322(b)(11) retain the
lien until the later of--
``(A) the payment of such holder's allowed secured
claim; or
``(B) discharge under section 1328; and
``(11) the plan modifies a claim in accordance with section
1322(b)(11), and the court finds that such modification is in
good faith.''.
SEC. 6. DISCHARGE.
Section 1328 of title 11, the United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(other than payments to holders
of claims whose rights are modified under section
1322(b)(11)'' after ``paid'' the 1st place it appears,
and
(B) in paragraph (1) by inserting ``or, to the
extent of the unpaid portion of an allowed secured
claim, provided for in section 1322(b)(11)'' after
``1322(b)(5)'', and
(2) in subsection (c)(1) by inserting ``or, to the extent
of the unpaid portion of an allowed secured claim, provided for
in section 1322(b)(11)'' after ``1322(b)(5)''.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply with respect to cases commenced under title 11 of the
United States Code before, on, or after the date of the enactment of
this Act.
|
Emergency Homeownership and Equity Protection Act - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit.
Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.
Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period.
Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.
Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith.
Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.
|
{"src": "billsum_train", "title": "To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes."}
| 1,680 | 448 | 0.697039 | 2.155732 | 0.753828 | 3.753281 | 4.131234 | 0.892388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Investment and Savings
Equity Act of 1999''.
SEC. 2. INDIVIDUALS MAY MAKE CONTRIBUTIONS FOR PERIODS OF MATERNITY OR
PATERNITY LEAVE.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following:
``(v) Right To Make Contributions With Respect to Periods of
Maternity and Paternity Leave.--
``(1) In general.--For purposes of this title--
``(A) a trust which forms part of a plan shall not
constitute a qualified trust under section 401(a),
``(B) a plan shall not be treated as described in
section 403(b),
``(C) a plan shall not be treated as an eligible
deferred compensation plan under section 457, and
``(D) an arrangement shall not be treated as
meeting the requirements of section 408 (k) or (p),
unless such plan or arrangement permits participants who were
on eligible maternity or paternity leave to make additional
elective deferrals under the plan or arrangement with respect
to periods of such leave.
``(2) Treatment of contributions.--
``(A) In general.--In the case of any contribution
to a plan under paragraph (1) (and any employer
matching contribution with respect thereto)--
``(i) such contribution shall not, with
respect to the year in which the contribution
is made--
``(I) be subject to any otherwise
applicable limitation contained in
section 402(g), 402(h), 403(b), 404(a),
404(h), 408, 415, or 457, or
``(II) be taken into account in
applying such limitations to other
contributions or benefits under such
plan or any other such plan,
``(ii) such contribution shall be subject
to the limitations referred to in clause (i)
with respect to the year to which the
contribution relates (in accordance with rules
prescribed by the Secretary), and
``(iii) except as provided in subparagraph
(B)(i), such plan shall not be treated as
failing to meet the requirements of section
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11),
401(k)(12), 401(m), 403(b)(12), 408(k), 408(p),
410(b), or 416 by reason of the making of (or
the right to make) such contribution.
``(B) Matching contributions.--Nothing in
subparagraph (A) shall require an employer to make any
matching contribution with respect to any additional
elective deferrals under paragraph (1), but if the
employer elects to make any such matching
contribution--
``(i) the requirements of section 401(a)(4)
shall be applied separately to all such
matching contributions made during a year, and
``(ii) the amount of any such matching
contribution may not exceed the maximum amount
which could have been made under the plan had
the elective deferral actually been made during
the period of eligible maternity and paternity
leave.
``(3) Amount and timing of elective deferrals.--A plan
shall not be treated as meeting the requirements of paragraph
(1) unless the plan provides the following:
``(A) Amount.--The amount of any elective deferral
under paragraph (1) which any employee is permitted to
make with respect to any period of eligible maternity and paternity
leave shall not exceed the maximum amount of the elective deferrals
that the employee would have been permitted to make during such period
in accordance with the limitation referred to in paragraph (2)(A)(i) if
the individual--
``(i) had not been on eligible maternity
and paternity leave during such period, and
``(ii) had received compensation in an
amount determined under rules similar to the
rules under subsection (u)(7).
Proper adjustment shall be made to the amount
determined under the preceding sentence for any
elective deferrals actually made during such period.
``(B) Timing.--An employee may make an elective
deferral to which paragraph (1) applies at any time
during the 3-year period beginning on the date on which
the eligible maternity or paternity leave ends. Any
matching contribution with respect to any such elective
deferral shall be made not later than the due date
(including extensions) for the filing of the employer's
return for the taxable year in which such elective
deferral is made.
``(4) Eligible maternity and paternity leave.--For purposes
of this subsection--
``(A) In general.--The term `eligible maternity or
paternity leave' means any absence of an individual
from work for any period--
``(i) by reason of the pregnancy of the
individual,
``(ii) by reason of the birth of a child of
the individual,
``(iii) by reason of the placement of a
child with the individual in connection with
the adoption of the child by the individual, or
``(iv) for purposes of caring for such
child for a period beginning immediately
following such birth or placement.
``(B) Limitation.--Such period may not exceed 12
months with respect to any child.
``(5) Other definitions and rules.--For purposes of this
subsection--
``(A) Elective deferral.--The term `elective
deferral' has the meaning given such term by subsection
(u)(2)(C). Such term shall also include any after-tax
employee contributions described in subsection
(u)(2)(D).
``(B) Plan.--The term `plan' includes any
arrangement under section 408 (k) or (p).
``(C) Certain retroactive adjustments not
required.--For purposes of this subchapter and
subchapter E, the rules of subsection (u)(3) shall
apply.
``(D) Loan repayment suspensions permitted.--In the
case of any plan or arrangement to which paragraph (1)
applies, the rules of subsection (u)(4) shall apply to
any loan repayment suspension during any period of
eligible maternity and paternity leave.''
(b) Effective Date.--The amendment made by this section shall apply
to periods of eligible maternity and paternity leave beginning after
December 31, 1999.
SEC. 3. CATCHUP CONTRIBUTIONS FOR FAMILIES WITH CHILDREN NOT COVERED BY
A PENSION PLAN.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
(relating to definitions and special rules), as amended by section 2,
is amended by adding at the end the following:
``(w) Catchup Contributions for Families With Children Not Covered
by a Pension Plan.--
``(1) In general.--For purposes of this title--
``(A) a trust which forms part of a plan shall not
constitute a qualified trust under section 401(a),
``(B) a plan shall not be treated as described in
section 403(b),
``(C) a plan shall not be treated as an eligible
deferred compensation plan under section 457, and
``(D) an arrangement shall not be treated as
meeting requirements of section 408 (k) or (p),
unless such plan or arrangement permits eligible participants
to make additional elective deferrals under the plan or
arrangement in accordance with paragraph (2).
``(2) Catchup contributions.--
``(A) In general.--A plan shall permit an eligible
participant to make the additional elective deferrals
under paragraph (1) in any year which is certified as a
catchup year by the participant under subparagraph (E).
``(B) Limitation on amount of additional
deferrals.--A plan shall not permit additional elective
deferrals under paragraph (1) for any year in an amount
greater than the lesser of--
``(i) the amount of the elective deferrals
the participant may otherwise make under the
plan for such year (determined without regard
to this subsection, subsection (u), or any
limitation described in subparagraph (C)(i)),
or
``(ii) the excess (if any) of--
``(I) 120 percent of the dollar
limitation in effect under section
402(g), 408(p), or 457(b)(2)(A),
whichever is applicable, for taxable
years beginning in the calendar year in
which the plan year begins, over
``(II) any other elective deferrals
of the participant for such year which
are made without regard to this
subsection.
``(C) Treatment of contributions.--In the case of
any contribution to a plan under paragraph (1) (and any
employer matching contribution with respect thereto)--
``(i) such contribution shall not, with
respect to the year in which the contribution
is made--
``(I) be subject to any otherwise
applicable limitation contained in
section 402(g), 402(h), 403(b), 404(a),
404(h), 408, 415, or 457, or
``(II) be taken into account in
applying such limitations to other
contributions or benefits under such
plan or any other such plan, and
``(ii) except as provided in subparagraph
(D)(i), such plan shall not be treated as
failing to meet the requirements of section
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11),
401(k)(12), 401(m), 403(b)(12), 408(k), 408(p),
410(b), or 416 by reason of the making of (or
the right to make) such contribution.
``(D) Matching contributions.--Nothing in
subparagraph (A) shall require an employer to make any
matching contribution with respect to any additional
elective deferrals under paragraph (1) for any year,
but if the employer elects to make any such matching
contribution--
``(i) the requirements of section 401(a)(4)
shall be applied separately to all such
matching contributions made during a year, and
``(ii) the amount of any such matching
contribution may not exceed the maximum amount
which could have been made under the terms of
the plan in effect for elective deferrals made
for such year without regard to this
subsection.
``(E) Certification of catchup years.--
``(i) In general.--A participant making
additional elective deferrals under paragraph
(1) for any year shall certify to the plan
administrator that--
``(I) the participant is an
eligible participant, and
``(II) the year is a catchup year.
``(ii) Catchup year.--An eligible
participant may certify 1 or more years as
catchup years, except that the total number of
years which may be certified shall not exceed
the excess (if any) of--
``(I) the number of years (not in
excess of 18) described in paragraph
(3) occurring before the year in
question, over
``(II) the number of years
previously certified by the participant
under this subsection.
``(iii) Plans not responsible for
certification failures.--A plan shall not be
treated as failing to meet the requirements of
this subsection by reason of reliance on an
incorrect certification under this subparagraph
unless the plan administrator knew, or
reasonably should have known, that the
certification was incorrect.
``(3) Eligible participant.--For purposes of this
subsection, the term `eligible participant' means, with respect
to any year, a participant in a plan who, for any calendar year
before the calendar year in which the year begins--
``(A) was not an active participant (within the
meaning of section 219(g)(5)) for any plan year
beginning in the calendar year, and
``(B) had a child or stepchild who had not attained
age 18 with respect to whom a deduction was allowed
under section 151 to the participant (or the
participant's spouse) for a taxable year beginning in
the calendar year.
``(4) Other definitions and rules.--For purposes of this
subsection--
``(A) Elective deferral.--The term `elective
deferral' has the meaning given such term by subsection
(u)(2)(C). Such term shall also include after-tax
employee contributions described in subsection
(u)(2)(D).
``(B) Plan.--The term `plan' includes any
arrangement under section 408 (k) or (p).
``(C) Certain retroactive adjustments not
required.--For purposes of this subchapter and
subchapter E, the rules of subsection (u)(3) shall
apply.''
(b) Effective Date.--The amendment made by this section shall apply
to contributions in taxable years beginning after December 31, 1999.
|
Women's Investment and Savings Equity Act of 1999 - Amends the Internal Revenue Code to permit retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave.
Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."
|
{"src": "billsum_train", "title": "Women's Investment and Savings Equity Act of 1999"}
| 2,947 | 81 | 0.476511 | 1.204938 | 0.35222 | 1.983871 | 41.951613 | 0.822581 |
SECTION 1. ALTERNATIVE CONDITIONS AND FISHWAYS.
(a) Alternative Mandatory Conditions.--Section 4 of the Federal
Power Act (16 U.S.C. 797) is amended by adding at the end the
following:
``(h)(1) Whenever any person applies for a license for any project
works within any reservation of the United States, and the Secretary of
the department under whose supervision such reservation falls (referred
to in this subsection as `the Secretary`) deems a condition to such
license to be necessary under the first proviso of subsection (e), the
license applicant may propose an alternative condition. The license
applicant shall be entitled to a determination on the record after
opportunity for an agency trial-type hearing of any disputed issues of
material fact.
``(2) Notwithstanding the first proviso of subsection (e), the
Secretary shall accept the proposed alternative condition referred to
in paragraph (1), and the Commission shall include in the license such
alternative condition, if the Secretary determines, based on
substantial evidence provided by the license applicant that such
alternative condition--
``(A) provides for the adequate protection and utilization
for the reservation; and
``(B) will either--
``(i) cost less to implement, or
``(ii) result in improved operation of the project
works for electricity production, as compared to the
condition initially deemed necessary by the Secretary.
``(3) The Secretary shall submit into the public record of the
Commission proceeding with any condition under subsection (e) or
alternative condition it accepts under this subsection a written
statement explaining the basis for such condition, and reason for not
accepting any alternative condition under this subsection. The written
statement must demonstrate that the Secretary gave equal consideration
to the effects of the condition adopted and alternatives not accepted
on energy supply, distribution, cost, and use, flood control,
navigation, drinking, irrigation, and recreational water supply, and
air quality, in addition to the preservation of other aspects of
environmental quality, based on such information as may be available to
the Secretary, including information voluntarily provided in a timely
manner by the applicant and others. The Secretary shall also submit,
together with the aforementioned written statement, all studies, data,
and other factual information available to the Secretary and relevant
to the Secretary's decision.
``(4) Nothing in this subsection shall prohibit other interested
parties from proposing alternative conditions.
``(5) If the Secretary does not accept an applicant's alternative
condition under this subsection, and the Commission finds that the
Secretary's condition would be inconsistent with the purposes and
requirements of this Part, or other applicable law, the Commission may
refer the dispute to the Commission's Dispute Resolution Service. The
Dispute Resolution Service shall consult with the Secretary and the
Commission and issue a non-binding advisory within 90 days. The
Secretary may accept the Dispute Resolution Service advisory unless the
Secretary finds that the recommendation will not adequately protect the
reservation. The Secretary shall submit the advisory and the
Secretary's final written determination into the record of the
Commission proceeding.''.
(b) Alternative Fishways.--Section 18 of the Federal Power Act (16
U.S.C. 811) is amended as follows:
(1) By inserting ``(a)'' before the first sentence.
(2) By adding at the end the following:
``(b)(1) Whenever the Secretary of the Interior or the Secretary of
Commerce prescribes a fishway under this section, the license applicant
or the licensee may propose an alternative to such prescription to
construct, maintain, oroperate a fishway. The license applicant shall
be entitled to a determination on the record after opportunity for an
agency trial-type hearing of any disputed issues of material fact.
``(2) Notwithstanding subsection (a), the Secretary of the Interior
or the Secretary of Commerce, as appropriate, shall accept and
prescribe, and the Commission shall require, the proposed alternative
referred to in paragraph (1) if the Secretary of the appropriate
department determines, based on substantial evidence provided by the
licensee, that the alternative--
``(A) will be no less protective of the fish resources than
the fishway initially prescribed by the Secretary; and
``(B) will either--
``(i) cost less to implement, or
``(ii) result in improved operation of the project
works for electricity production, as compared to the
fishway initially prescribed by the Secretary.
``(3) The Secretary concerned shall submit into the public record
of the Commission proceeding with any prescription under subsection (a)
or alternative prescription it accepts under this subsection a written
statement explaining the basis for such prescription, and reason for
not accepting any alternative prescription under this subsection. The
written statement must demonstrate that the Secretary gave equal
consideration to the effects of the prescription adopted or alternative
not accepted on energy supply, distribution, cost, and use, flood
control, navigation, drinking, irrigation, and recreational water
supply, and air quality, in addition to the preservation of other
aspects of environmental quality, based on such information as may be
available to the Secretary, including information voluntarily provided
in a timely manner by the applicant and others. The Secretary shall
also submit, together with the aforementioned written statement, all
studies, data, and other factual information available to the Secretary
and relevant to the Secretary's decision.
``(4) Nothing in this subsection shall prohibit other interested
parties from proposing alternative prescriptions.
``(5) If the Secretary does not accept an applicant's alternative
prescription under this subsection, and the Commission finds that the
Secretary's prescription would be inconsistent with the purposes and
requirements of this Part, or other applicable law, the Commission may
refer the dispute to the Commission's Dispute Resolution Service. The
Dispute Resolution Service shall consult with the Secretary and the
Commission and issue a non-binding advisory within 90 days. The
Secretary may accept the Dispute Resolution Service advisory unless the
Secretary finds that the recommendation will not adequately protect the
fish resources. The Secretary shall submit the advisory and the
Secretary's final written determination into the record of the
Commission proceeding.''.
|
Amends the Federal Power Act to prescribe guidelines for hydroelectric licensing applicants to propose alternative conditions or alternative fishways for project works within a Federal reservation.
|
{"src": "billsum_train", "title": "To amend the Federal Power Act to provide for alternative conditions and alternative fishways in hydroelectric dam licenses, and for other purposes."}
| 1,290 | 33 | 0.452645 | 1.136811 | 0.664847 | 1.555556 | 47.62963 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arbitration Fairness Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Arbitration Act (now enacted as chapter 1
of title 9 of the United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power.
(2) A series of United States Supreme Court decisions have
changed the meaning of the Act so that it now extends to
disputes between parties of greatly disparate economic power,
such as consumer disputes and employment disputes. As a result,
a large and rapidly growing number of corporations are forcing
millions of consumers and employees to give up their right to
have disputes resolved by a judge or jury, and instead submit
their claims to binding arbitration.
(3) Most consumers and employees have little or no
meaningful option whether to submit their claims to
arbitration. Few people realize or understand the importance of
the deliberately fine print that strips them of rights, and
because entire industries are adopting these clauses, people
increasingly have no choice but to accept them. They must often
give up their rights as a condition of having a job, getting
necessary medical care, buying a car, opening a bank account,
getting a credit card, and the like. Often times, they are not
even aware that they have given up their rights.
(4) Private arbitration companies are sometimes under great
pressure to devise systems that favor the corporate repeat
players who decide whether those companies will receive their
lucrative business.
(5) Mandatory arbitration undermines the development of
public law for civil rights and consumer rights because there
is no meaningful judicial review of arbitrators' decisions.
With the knowledge that their rulings will not be seriously
examined by a court applying current law, arbitrators enjoy
near complete freedom to ignore the law and even their own
rules.
(6) Mandatory arbitration is a poor system for protecting
civil rights and consumer rights because it is not transparent.
While the American civil justice system features publicly
accountable decision makers who generally issue public, written
decisions, arbitration often offers none of these features.
(7) Many corporations add to arbitration clauses unfair
provisions that deliberately tilt the systems against
individuals, including provisions that strip individuals of
substantive statutory rights, ban class actions, and force
people to arbitrate their claims hundreds of miles from their
homes. While some courts have been protective of individuals,
too many courts have erroneously upheld even egregiously unfair
mandatory arbitration clauses in deference to a supposed
Federal policy favoring arbitration over the constitutional
rights of individuals.
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, FRANCHISE, AND CIVIL
RIGHTS DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, FRANCHISE, AND CIVIL
RIGHTS DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `civil rights dispute' means a dispute--
``(A) arising under--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) a Federal or State statute that
prohibits discrimination on the basis of race,
sex, disability, religion, national origin, or
any invidious basis in education, employment,
credit, housing, public accommodations and
facilities, voting, or program funded or
conducted by the Federal Government or State
government, including any statute enforced by
the Civil Rights Division of the Department of
Justice and any statute enumerated in section
62(e) of the Internal Revenue Code of 1986
(relating to unlawful discrimination); and
``(B) in which at least 1 party alleging a
violation of the Constitution of the United States, a
State constitution, or a statute prohibiting
discrimination is an individual;
``(2) the term `consumer dispute' means a dispute between a
person other than an organization who seeks or acquires real or
personal property, services (including services relating to
securities and other investments), money, or credit for
personal, family, or household purposes and the seller or
provider of such property, services, money, or credit;
``(3) the term `employment dispute' means a dispute between
an employer and employee arising out of the relationship of
employer and employee as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203);
``(4) the term `franchise dispute' means a dispute between
a franchisee with a principal place of business in the United
States and a franchisor arising out of or relating to contract
or agreement by which--
``(A) a franchisee is granted the right to engage
in the business of offering, selling, or distributing
goods or services under a marketing plan or system
prescribed in substantial part by a franchisor;
``(B) the operation of the franchisee's business
pursuant to such plan or system is substantially
associated with the franchisor's trademark, service
mark, trade name, logotype, advertising, or other
commercial symbol designating the franchisor or its
affiliate; and
``(C) the franchisee is required to pay, directly
or indirectly, a franchise fee; and
``(5) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement.
``Sec. 402. Validity and enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of an employment, consumer,
franchise, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies to an arbitration agreement shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
the court, rather than the arbitrator, irrespective of whether
the party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of an employee to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'';
(B) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(C) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(D) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of employment, consumer, franchise, and 401''.
civil rights disputes.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after such date.
|
Arbitration Fairness Act of 2009 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or franchise, or civil rights dispute.
Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the Constitution of the United States, a state constitution, or a federal or state statute, or public policy arising therefrom.
|
{"src": "billsum_train", "title": "A bill to amend title 9 of the United States Code with respect to arbitration."}
| 1,957 | 195 | 0.374564 | 1.212864 | 0.806274 | 6.439024 | 11.280488 | 0.963415 |
SECTION 1. SHORT TITLE; STATEMENT OF PURPOSE.
(a) Short Title.--This Act may be cited as the ``Industrial
Innovation Act of 1993''.
(b) Statement of Purpose.--The purposes of this Act are to help
small and medium-sized businesses to utilize the best practices in
quality processes, productivity, and marketing programs and to utilize
such practices in human resource management.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Small and medium-sized manufacturer.--The term ``small
and medium-sized manufacturers'' shall have such meaning as the
Secretary, by regulation, shall prescribe.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, American Samoa, the Federated
States of Micronesia, Guam, the Republic of the Marshall
Islands, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Palau, and the Virgin Islands.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for fiscal
years 1994, 1995, and 1996 not more than $300,000,000 to carry out this
Act.
(b) Availability.--Amounts appropriated pursuant to the
authorization provided by subsection (a) shall remain available until
expended.
SEC. 4. APPLICATION.
(a) Grants.--The Secretary is authorized to make grants to the
States to enable the States to provide technical and financial
assistance to small and medium-sized manufacturers in accordance with
this Act.
(b) In General.--To receive a grant under this Act, a State shall
submit to the Secretary an application at such time and in such form
and containing such information as the Secretary may require,
including, but not limited to--
(1) the certifications required under subsection (c);
(2) identification of the impact of industrial job loss on
the State, regions within the State, and particular
communities;
(3) the need for services among manufacturing firms;
(4) existing State and local efforts to address such needs;
(5) assurances satisfactory to the Secretary that the State
will use amounts from a grant only for the eligible activities
under section 5;
(6) identification, through a strategic plan, of how a
grant will leverage coordination of existing private and public
business services, financial assistance, job training and
educational programs in support of objectives of the grant;
(7) assurances satisfactory to the Secretary that the State
will not provide technical and financial assistance under this
Act to any small or medium-sized manufacturer who does not have
a committee, comprised of management and employees other than
management, advising on planning and new technology, and making
recommendations concerning training needs and health and safety
issues; and
(8) assurances satisfactory to the Secretary that
assistance provided in accordance with this Act are coordinated
with other Federal and State efforts to meet the needs of small
and medium-sized manufacturers and their employees.
(c) Certifications.--The State shall certify to the satisfaction of
the Secretary that--
(1) the State will provide funds from its revenues in an
amount equal to $1 for every $10 of Federal funds from such
grant for the purpose of providing technical and financial
assistance to small and medium-sized manufacturers;
(2) the State will maintain its aggregate expenditures from
all other sources for programs which provide technical and
financial assistance to small and medium-sized manufacturers at
or above the average level of such expenditures in the 2 fiscal
years preceding the date of the enactment of this Act;
(3) the State will require each small and medium-sized
manufacturer receiving financial assistance under section 5 to
provide funds in an amount equal to and not less than $1 for
every $1 of funds provided to the manufacturer in those cases
where the State provides direct financial assistance under such
section for the purpose of supplementing such funds;
(4) the State will evaluate any subgrantee in accordance
with objective measures of success for State programs
established by the Secretary, including growth in employment,
productivity, market share and sales. The State will submit
annually to the Secretary a report containing such information
as the Secretary shall determine appropriate, including
evaluations of any State subgrantee; and
SEC. 5. ELIGIBLE ACTIVITIES.
(a) In General.--A State shall use amounts from a grant under this
Act only to provide technical and financial assistance to small and
medium-sized manufacturers doing business in such State in accordance
with the allocation requirements under subsection (b).
(b) State Allocation.--The State will allocate amounts received
from a grant under this Act in accordance with the following
requirements:
(1) 50 percent of amounts received from the grant will be
reserved by the State to provide technical and financial
assistance to small and medium- sized manufacturers to make
quality and productivity improvements and expand markets
through various activities, including--
(A) developing and carrying out strategic planning
for innovation and industrial modernization;
(B) developing and carrying out advanced
manufacturing processes, practices and techniques, and
best commercial practices;
(C) transferring advanced manufacturing
technologies and best commercial practices;
(D) assessing export potential and undertaking
export marketing programs;
(E) supporting manufacturing extension services;
(F) fostering supplier networks and other forms of
collaboration among businesses to improve
competitiveness;
(G) assistance in developing new products and
technologies;
(H) market expansion assistance, including support
for export trade, and procurement assistance centers
that are recognized by the Small Business
Administration;
(I) strategic financing assistance for export, new
product development and the commercialization of new
technologies;
(J) planning development and design of projects for
new commercial uses in critical technology areas such
as high speed transportation technology, digital
communications, and optical electronics; and
(K) assessing employee training needs and arranging
for appropriate training resources; and
(2) 50 percent of amounts received from the grant will be
reserved by the State to provide technical and financial
assistance to small and medium- sized manufacturers to
undertake human resource development initiatives essential for
industrial modernization and the fulfillment of improved
competitiveness strategies, including--
(A) developing and carrying out high performance
workplace systems and employee involvement and Labor-
Management Committees to--
(i) reduce overspecialization;
(ii) foster flexible work organization;
(iii) increase teamwork among workers
across functional work units; and
(iv) expand employees' roles as partners
with management in planning and managing
change;
(B) developing and carrying out company and
industry-specific training for workers required for the
introduction of advanced manufacturing technologies and
other industrial modernization initiatives;
(C) developing and carrying out work force literacy
programs for industrial modernization; and
(D) developing and carrying out programs to
encourage employee ownership.
(c) Coordination.--The Secretary of Commerce shall coordinate as
necessary with the Secretary of Labor and States' employment services
and Service Delivery Areas (as described in section 101 of the Job
Training Partnership Act) and other pertinent State agencies to carry
out the provisions of this Act.
SEC. 6. REPORT.
Not later than January 1, 1996, the Secretary shall submit to the
Congress a report containing--
(1) a compilation of the information contained in the State
reports received by the Secretary pursuant to section 4(c)(4);
and
(2) an evaluation of the effectiveness of the grant
program.
SEC. 7. EVALUATION.
The Secretary shall establish objective measures of success for
State programs, including growth in employment, productivity, market
share and sales. The Secretary shall annually evaluate the success of
each State program receiving a grant pursuant to this Act. No State
shall be eligible for future grants that has not successfully used a
grant as determined by the Secretary.
|
Industrial Innovation Act of 1993 - Authorizes the Secretary of Commerce to make grants to States for technical and financial assistance to small and medium-sized manufacturers. Sets forth requirements relating to State grant applications, certifications, and allocation of grant amounts.
Requires the Secretary to: (1) report to the Congress on the grant program's effectiveness; and (2) annually evaluate the success of each State program receiving a grant.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Industrial Innovation Act of 1993"}
| 1,647 | 96 | 0.564011 | 1.419783 | 1.055656 | 2.681818 | 18.625 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Stability Act of
2015''.
SEC. 2. PERIOD FOR RELOCATION OF SPOUSES AND DEPENDENTS OF CERTAIN
MEMBERS OF THE ARMED FORCES UNDERGOING A PERMANENT CHANGE
OF STATION.
(a) Period of Relocation.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1784a
the following new section:
``Sec. 1784b. Relocation of spouses and dependents in connection with
the permanent change of station of certain members
``(a) Election of Timing of Relocation of Spouses in Connection
With PCS.--
``(1) In general.--Subject to paragraph (2), a member of
the armed forces undergoing a permanent change of station and
the member's spouse may jointly elect that the spouse may
relocate to the location to which the member will relocate in
connection with the permanent change of station at such time
during the covered relocation period as the member and spouse
jointly select.
``(2) Members and spouses eligible to make elections.--A
member and spouse may make an election pursuant to paragraph
(1) as follows:
``(A) If the spouse either--
``(i) is gainfully employed at the
beginning of the covered relocation period
concerned; or
``(ii) is enrolled in a degree,
certificate, or license granting program at the
beginning of the covered relocation period.
``(B) If the member and spouse have one or more
dependents at the beginning of the covered relocation
period concerned, either--
``(i) at least one dependent is a child in
elementary or secondary school at the beginning
of the covered relocation period;
``(ii) the spouse or at least one such
dependent are covered by the Exceptional Family
Member Program at the beginning of the covered
relocation period; or
``(iii) the member and spouse are caring at
the beginning of the covered relocation period
for an immediate family member with a chronic
or long-term illness, as determined pursuant to
the regulations applicable to the members'
armed force pursuant to subsection (g).
``(C) If the member is undergoing a permanent
change of station as an individual augmentee or other
deployment arrangement specified in the regulations
applicable to the member's armed force pursuant to
subsection (g).
``(D) If the member, spouse, or both, meet such
other qualification or qualifications as are specified
in the regulations applicable to the member's armed
force pursuant to subsection (g).
``(E) In the case of a member and spouse who do not
otherwise meet any qualification in subparagraphs (A)
through (D), if the commander of the member at the
beginning of the covered relocation period determines
that eligibility to make the election is in the
interests of the member and spouse for family stability
during the covered relocation period and in the
interests of the armed force concerned. Any such
determination shall be made on a case-by-case basis.
``(b) Election of Timing of Relocation of Certain Dependents of
Unmarried Members in Connection With PCS.--
``(1) In general.--A member of the armed forces undergoing
a permanent change of station who has one or more dependents
described in paragraph (2) and is no longer married to the
individual who is or was the parent (including parent by
adoption) of such dependents at the beginning of the covered
period of relocation may elect that such dependents may
relocate to the location to which the member will relocate in
connection with the permanent change of station at such time
during the covered relocation period as elected as follows:
``(A) By the member alone if such individual is
dead or has no custodial rights in such dependents at
the beginning of such period.
``(B) By the member and such individual jointly in
all other circumstances.
``(2) Dependents.--The dependents described in this
paragraph are as follows:
``(A) Dependents over the age of 19 years for whom
the member has power of attorney regarding residence.
``(B) Dependents under the age of 20 years who will
reside with a caregiver according to the Family Care
Plan of the member during the covered period of
relocation until relocated pursuant to an election
under this subsection.
``(c) Housing.--(1) If the spouse of a member relocates before the
member in accordance with an election pursuant to subsection (a), the
member shall be assigned to quarters or other housing facilities of the
United States as a bachelor, if such quarters are available, until the
date of the member's permanent change of station.
``(2) If a spouse and any dependents of a member covered by an
election under this section reside in housing of the United States at
the beginning of the covered period of relocation, the spouse and
dependents may continue to reside in such housing throughout the
covered period of relocation, regardless of the date of the member's
permanent change of station.
``(3) If a spouse and any dependents of a member covered by an
election under this section are eligible to reside in housing of the
United States following the member's permanent change of station, the
spouse and dependents may commence residing in such housing at any time
during the covered relocation period, regardless of the date of the
member's permanent change of station.
``(d) Basic Allowance for Housing; Stipend.--(1)(A) In the case of
a member undergoing a permanent change of station who is paid basic
allowance for housing at the with dependents' rate at the beginning of
the covered relocation period, the member shall be paid basic allowance
for housing at the with dependents' rate for months beginning during
the covered relocation period regardless of the date on which the
member's spouse and any dependents relocate pursuant to an election
under this section or the assignment of the member to quarters or
facilities on a bachelor basis pursuant to subsection (c)(1).
``(B) In determining the portion of basic allowance for housing
payable to a member under this paragraph that is payable with respect
to the member's dependents, the geographic location of the dependents
shall govern rather than the geographic location of the member.
``(2) If quarters are not available for the assignment of a member
as described in subsection (c)(1), the member shall be paid an amount
(determined in accordance with the regulations applicable to the
member's armed force pursuant to subsection (g)) appropriate to
compensate the member for cost of the housing in which the member
resides in lieu of such quarters until the date on which the member and
the member's spouse reside in the same geographic area after the
member's permanent change of station. Any amount payable to a member
pursuant to this paragraph is in addition to amounts payable to the
member under paragraph (1).
``(e) Transportation of Personal Property.--(1) Any transportation
allowances authorized for the transportation of the personal property
of a member and spouse making an election under subsection (a) may be
allocated among the personal property of the member and spouse in such
manner as the member and spouse shall select.
``(2) In this subsection, the terms `transportation allowances' and
`personal property' have the meaning given such terms in section 451(b)
of title 37.
``(f) Approval.--(1) The Secretary of Defense shall establish a
single approval process for applications for coverage under this
section. The process shall apply uniformly among the armed forces.
``(2) Applications for approval for coverage under this section
shall consist of such elements (including documentary evidence) as the
Secretary shall prescribe for purposes of the approval process required
by this subsection.
``(3) The approval process required by this subsection shall ensure
that the processing of applications for coverage under this section is
completed in a timely manner that permits a spouse and any dependents
to relocate whenever during the covered relocation period selected in
the election concerned. In meeting that requirement, the approval
process shall provide for the processing of applications at the lowest
level in the chain of command of members as it appropriate to ensure
proper administration of this section.
``(g) Regulations.--Each Secretary concerned shall prescribe
regulations for the administration of this section with respect to the
armed force or forces under the jurisdiction of such Secretary.
``(h) Covered Relocation Period Defined.--In this section, the term
`covered relocation period', in connection with the permanent change of
station of a member, means the period that--
``(1) begins 180 days before the date of the permanent
change of station; and
``(2) ends 180 days after the date of the permanent change
of station.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1784a
the following new item:
``1784b. Relocation of spouses and dependents in connection with the
permanent change of station of certain
members.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply with respect to permanent changes of station of
members of the Armed Forces that occur on or after the date
that is 180 days after such effective date.
(b) Comptroller General of the United States Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on
potential actions of the Department of Defense to enhance the
stability of military families undergoing a permanent change of
station.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comparison of the current percentage of
spouses in military families who work with the
percentage of spouses in military families who worked
in the recent past, and an assessment of the impact of
the change in such percentage on military families.
(B) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on the employment, education, and licensure of
spouses of military families.
(C) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on military children, including effect on their
mental health.
(D) An identification of potential actions of the
Department to enhance the stability of military
families undergoing a permanent change of station and
to generate cost savings in connection with such
changes of station.
(E) Such other matters as the Comptroller General
considers appropriate.
|
Military Family Stability Act of 2015 This bill allows a member of the Armed Forces undergoing a permanent change of station and the member's spouse to jointly elect that the spouse may relocate to the new location at the time during the covered relocation period as the member and spouse jointly select. The following families are eligible: the spouse is employed, or enrolled in a degree, certificate or license-granting program, at the beginning of the covered relocation period; the member and spouse have one or more children in school; the spouse or children are covered under the Exceptional Family Member Program; the member and spouse are caring for an immediate family member with a chronic or long-term illness; or the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement. Families with other needs may receive exceptions granted by military commanders on a case-by-case basis. A member undergoing a permanent change of station who has one or more specified dependents and is no longer married to the individual who is or was the parent of such dependents at the beginning of the covered period of relocation may elect that such dependents relocate to the new location as follows: by the member alone if the former spouse is dead or has no custodial rights, or by the member and the former spouse jointly in all other circumstances. Housing provisions are as follows: if a member's spouse relocates first the member shall be assigned to quarters or other U.S. housing facilities as a bachelor until the date of the member's permanent change of station; if a member's spouse and dependents reside in U.S. housing at the beginning of the covered relocation period, the spouse and dependents may continue to reside in such housing throughout the covered period of relocation regardless of the date of the member's permanent change of station; and if a member's spouse and dependents are eligible to reside in U.S. housing following the member's permanent change of station, the spouse and dependents may commence residing in such housing at any time during the covered relocation period regardless of the date of the member's permanent change of station. In the case of a member undergoing a permanent change of station who is paid basic housing allowance at the "with dependents" rate at the beginning of the covered relocation period, the member shall be paid at such rate for months beginning during the covered relocation period regardless of the date on which the member's spouse and dependents relocate or the member is assigned to bachelor's quarters or facilities. The geographic location of the dependents shall govern in determining the portion of basic housing allowance payable to a member with respect to the member's dependents. A member shall be provided with housing reimbursement if quarters are not available for the member's assignment until the date on which the member and the member's spouse reside in the same geographic area after the permanent change of station. Transportation allowances authorized for personal property of a member and spouse may be allocated as the member and spouse select. The Department of Defense shall establish a single application approval process for coverage under this Act which shall apply uniformly among the Armed Forces.
|
{"src": "billsum_train", "title": "Military Family Stability Act of 2015"}
| 2,321 | 675 | 0.778531 | 2.490784 | 0.744541 | 5.315182 | 3.691419 | 0.945545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Camp Safety Act of 2005''.
SEC. 2. REQUIREMENT FOR ORGANIZED CAMPS TO CONTINUE MINIMUM-WAGE-EXEMPT
STATUS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)) is amended--
(1) in paragraph (3), by inserting ``(subject to paragraph
(18))'' after ``organized camp'';
(2) in paragraph (17), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(18) an organized camp under paragraph (3), if such
camp--
``(A) provides personal health, first aid and
medical services, health supervision, and maintenance
of camp-related health records for campers;
``(B) adheres to standards for food preparation
safety that are as protective or more protective than
such standards recommended by the Food and Drug
Administration;
``(C) adheres to applicable State and local
standards regarding--
``(i) fire and building safety relating to
the buildings and the occupants of buildings
used by such camp; and
``(ii) sanitation relating to camp
personnel, buildings, and grounds;
``(D) reports annually to the Secretary, on a date
prescribed by the Secretary, all incidents resulting in
death, injury, or illness, other than minor injuries
which require only first aid treatment and which do not
involve medical treatment, loss of consciousness,
restriction of activity or motion, or premature
termination of a camper's term at the camp;
``(E) provides access to the Secretary for
inspection or investigation of such camp under section
3 of the Camp Safety Act of 2005;
``(F)(i) conducts criminal background checks of all
camp employees for convictions under Federal and State
laws;
``(ii) maintains a record of such checks for at
least 6 months after the date of termination of such an
employee's employment; and
``(iii) makes such records available to the
Secretary upon the request of the Secretary; and
``(G) maintains a ratio of at least 1 lifeguard for
every 30 camper swimmers.''.
SEC. 3. ENFORCEMENT BY SECRETARY OF LABOR.
(a) In General.--The Secretary of Labor shall monitor and enforce
compliance of organized camps subject to section 13(a)(18) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)). In monitoring and
enforcing such compliance, the Secretary shall--
(1) implement a system for the routine reporting of
fatalities and serious injuries or illnesses;
(2) implement procedures for conducting inspection and
verifying information provided to the Secretary by such camps;
(3) investigate complaints received regarding such camps;
(4) require appropriate training, including knowledge of
outdoor camping, for camp inspectors; and
(5) compile statistics based on the information in the
reports required to be submitted by such camps under section
13(a)(18)(C) of such Act (29 U.S.C. 213(a)(18)(C)); and
(6) based at least in part on the statistics compiled under
subparagraph (C), determine the areas in which additional
safety standards are necessary and prescribe appropriate
regulations.
(b) Investigative Authority.--In monitoring and enforcing
compliance under subsection (a), the Secretary of Labor may--
(1) enter and inspect such a camp and its records, question
the employees of such camp, and investigate facts, conditions,
practices, or other matters, to the extent the Secretary deems
necessary or appropriate; and
(2) administer oaths and examine witnesses under oath,
issue subpoenas, and compel the attendance of witnesses and
other relevant records.
SEC. 4. EFFECT ON STATE LAW.
(a) Equal or Greater Protection Under State Law.--Section 13(a)(18)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) preempts
a State's laws regarding camp safety, unless the Secretary of Labor
determines that such State's laws provide substantially the same, or
greater, protection for campers as such section, but such State's laws
are only preempted to the extent that the Secretary determines that
they provide lesser protection for campers than such section.
(b) Judicial Review of Determination by Secretary.--A State
aggrieved by a determination under subsection (a) may bring an action
in an appropriate United States district court for review of such
determination.
(c) Effect of Compliance With Equivalent State Law.--A person that
complies with a State law which the Secretary of Labor has determined
under subsection (a) provides substantially the same, or greater,
protection for campers as section 13(a)(18) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(a)(18)) shall be deemed to have complied
with the requirements of such section.
|
Camp Safety Act of 2005 - Amends the Fair Labor Standards Act of 1938 to require organized camps to comply with specified health and safety standards as a condition for their exemption from minimum wage requirements.
Directs the Secretary of Labor to monitor and enforce such compliance. Preempts State laws only to the extent that they provide lesser protection for campers.
|
{"src": "billsum_train", "title": "To condition the minimum-wage-exempt status of organized camps under the Fair Labor Standards Act of 1938 on compliance with certain safety standards, and for other purposes."}
| 1,148 | 73 | 0.571632 | 1.365436 | 0.641194 | 2.938462 | 15.6 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Technology Deployment
in Developing Countries Act of 2005''.
SEC. 2. CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES.
Title VII of the Global Environmental Protection Assistance Act of
1989 (Public Law 101-240; 103 Stat. 2521) is amending by adding at the
end the following:
``PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES
``SEC. 731. DEFINITIONS.
``In this part:
``(1) Carbon sequestration.--The term `carbon
sequestration' means the capture of carbon dioxide through
terrestrial, geological, biological, or other means, which
prevents the release of carbon dioxide into the atmosphere.
``(2) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
``(3) Greenhouse gas intensity.--The term `greenhouse gas
intensity' means the ratio of greenhouse gas emissions to
economic output.
``SEC. 732. REDUCTION OF GREENHOUSE GAS INTENSITY.
``(a) Lead Agency.--
``(1) In general.--The Department of State shall act as the
lead agency for integrating into United States foreign policy
the goal of reducing greenhouse gas intensity in developing
countries.
``(2) Reports.--
``(A) In general.--Not later than 180 days after
the date of enactment of this part and each year
thereafter, the Secretary of State shall submit to the
appropriate authorizing and appropriating committees of
Congress a report on the 25 developing countries that
are the top energy users, including for each country a
description of--
``(i) the quantity and types of energy
used;
``(ii) the greenhouse gas intensity of the
energy, manufacturing, agricultural, and
transportation sectors;
``(iii) the progress of any projects
undertaken to reduce greenhouse gas intensity;
``(iv) the potential for further projects
to reduce greenhouse gas intensity; and
``(v) obstacles to the further reduction of
greenhouse gas intensity.
``(B) Use.--
``(i) Initial report.--The Secretary of
State shall use the initial report submitted
under subparagraph (A) to establish baselines
for the developing countries with respect to
the information provided under clauses (i) and
(ii) of that subparagraph.
``(ii) Annual reports.--The Secretary of
State shall use the annual reports submitted
under subparagraph (A) to track the progress of
the developing countries with respect to
reducing greenhouse gas intensity.
``(b) Projects.--The Secretary of State, in coordination with
Administrator of the United States Agency for International
Development, shall (directly or through agreements with the World Bank,
the International Monetary Fund, the Overseas Private Investment
Corporation, and other development institutions) provide assistance to
developing countries specifically for projects to reduce greenhouse gas
intensity, including projects to--
``(1) leverage, through bilateral agreements, funds for
reduction of greenhouse gas intensity;
``(2) increase private investment in projects and
activities to reduce greenhouse gas intensity; and
``(3) expedite the deployment of technology to reduce
greenhouse gas intensity.
``(c) Focus.--In carrying out the projects, the Secretary of State
shall focus on--
``(1) promoting the rule of law, property rights, contract
protection, and economic freedom; and
``(2) increasing capacity, infrastructure, and training.
``(d) Priority.--In carrying out the projects, the Secretary of
State shall give priority to projects in the 25 developing countries
identified in the report submitted under subsection (a)(2)(A).
``SEC. 733. TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.
``(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy, shall conduct an inventory of greenhouse gas
intensity reducing technologies that are developed, or under
development, to identify technologies that are suitable for transfer
to, deployment in, and commercialization in the developing countries
identified in the report submitted under section 732(a)(2)(A).
``(b) Report.--Not later than 180 days after the completion of the
inventory under subsection (a), the Secretary of State and the
Secretary of Energy shall jointly submit to Congress a report that--
``(1) includes the results of the completed inventory; and
``(2) identifies obstacles to the deployment of the
technologies studied.
``SEC. 734. TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS
INTENSITY REDUCING TECHNOLOGIES.
``Not later than 180 days after the date of enactment of this part,
the United States Trade Representative shall--
``(1) identify trade-related barriers maintained by foreign
countries to the export of greenhouse gas intensity reducing
technologies and practices from the United States; and
``(2) negotiate with the foreign countries for the removal
of those barriers.
``SEC. 735. GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT
INITIATIVE.
``(a) In General.--There is established an interagency working
group to carry out a Greenhouse Gas Intensity Reducing Technology
Export Initiative to--
``(1) promote the export of greenhouse gas intensity
reducing technologies and practices from the United States;
``(2) identify developing countries that should be
designated as priority countries for the purpose of exporting
greenhouse gas intensity reducing technologies and practices,
based on the report submitted under section 732(a)(2)(A);
``(3) identify potential barriers to adoption of exported
greenhouse gas intensity reducing technologies and practices;
and
``(4) identify previous efforts to export energy
technologies to learn best practices.
``(b) Composition.--The working group shall be composed of--
``(1) the Secretary of State, who shall act as the head of
the working group;
``(2) the Administrator of the United States Agency for
International Development;
``(3) the United States Trade Representative;
``(4) a designee of the Secretary of Energy; and
``(5) a designee of the Secretary of Commerce.
``(c) Performance Reviews and Reports.--Not later than 180 days
after the date of enactment of this part and each year thereafter, the
interagency working group shall--
``(1) conduct a performance review of actions taken and
results achieved by the Federal Government (including each of
the agencies represented on the interagency working group) to
promote the export of greenhouse gas intensity reducing
technologies and practices from the United States; and
``(2) submit to the appropriate authorizing and
appropriating committees of Congress a report that describes
the results of the performance reviews and evaluates progress
in promoting the export of greenhouse gas intensity reducing
technologies and practices from the United States, including
any recommendations for increasing the export of the
technologies and practices.
``SEC. 736. TECHNOLOGY STRATEGIC PLAN AND DEMONSTRATION PROJECTS.
``(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy and the Administrator of the United States Agency
for International Development, shall develop a technology strategic
plan, and carry out demonstration projects, to promote the adoption of
technologies and practices that reduce greenhouse gas intensity in
developing countries.
``(b) Demonstration Projects.--
``(1) In general.--The Secretaries and the Administrator
shall plan, coordinate, and carry out demonstration projects
under this section in at least 10 eligible countries, as
determined by the Secretaries and the Administrator.
``(2) Eligibility.--A country shall be eligible for
assistance under this subsection if the Secretaries and the
Administrator determine that the country has demonstrated a
commitment to--
``(A) just and democratic governance, including--
``(i) promoting political pluralism,
equality, and the rule of law;
``(ii) respecting human and civil rights;
``(iii) protecting private property rights;
``(iv) encouraging transparency and
accountability of government; and
``(v) combating corruption; and
``(B) economic freedom, including economic policies
that--
``(i) encourage citizens and firms to
participate in global trade and international
capital markets;
``(ii) promote private sector growth and
the sustainable management of natural
resources;
``(iii) strengthen market forces in the
economy; and
``(iv) respect worker rights.
``(3) Selection.--In determining which eligible countries
to provide funding to under paragraph (1), the Secretaries and
the Administrator shall consider--
``(A) the extent to which the country meets or
exceeds the eligibility criteria;
``(B) the opportunity to reduce greenhouse gas
intensity in the eligible country; and
``(C) the opportunity to generate economic growth
in the eligible country.
``(4) Types of projects.--Demonstration projects under this
section may include--
``(A) coal gasification, coal liquefaction, and
clean coal projects;
``(B) carbon sequestration projects;
``(C) cogeneration technology initiatives;
``(D) renewable projects; and
``(E) lower emission transportation.
``SEC. 737. FELLOWSHIP AND EXCHANGE PROGRAMS.
``The Secretary of State, in coordination with the Secretary of
Energy, the Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall carry out fellowship and
exchange programs under which officials from developing countries visit
the United States to acquire expertise and knowledge of best practices
to reduce greenhouse gas intensity in their countries.
``SEC. 738. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this part (other than section 736).
``SEC. 739. EFFECTIVE DATE.
``Except as otherwise provided in this part, this part takes effect
on October 1, 2005.
``SEC. 740. TERMINATION OF AUTHORITY.
``The authority provided by this part terminates effective December
31, 2010.''.
|
Climate Change Technology Deployment in Developing Countries Act of 2005 - Amends the Global Environmental Protection Assistance Act of 1989 to consider the Department of State as the lead agency for integrating into U.S. foreign policy the goal of reducing greenhouse gas intensity in developing countries.
Directs the Secretary of State to: (1) provide assistance to developing countries to reduce greenhouse gas intensity; (2) inventory greenhouse gas intensity reducing technologies and identify appropriate technologies for developing countries; (3) develop a technology strategic plan and carry out demonstration projects in at least ten countries; and (4) carry out fellowship and exchange programs for officials from developing countries to acquire U.S. expertise in greenhouse gas intensity reduction practices.
Directs the U.S. Trade Representative to seek to eliminate foreign trade barriers to the export of U.S. greenhouse gas intensity reducing technologies and practices.
Establishes an interagency working group to carry out a greenhouse gas intensity reducing technology export initiative.
Terminates programs under this Act as of December 31, 2010.
|
{"src": "billsum_train", "title": "A bill to direct the Secretary of State to carry out activities that promote the adoption of technologies that reduce greenhouse gas intensity in developing countries, while promoting economic development, and for other purposes."}
| 2,310 | 210 | 0.550473 | 1.46205 | 0.974916 | 3.856383 | 11.148936 | 0.930851 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deferred Benefits Adjustment Act of
2013''.
SEC. 2. INDEXATION OF DEFERRED ANNUITIES.
(a) Amendments to Subchapter III of Chapter 83.--Section 8338 of
title 5, United States Code, is amended--
(1) in subsection (d) by striking ``(d) An'' and inserting
``(d) Subject to subsection (e), an''; and
(2) by adding at the end the following:
``(e)(1) The average pay used in the computation of an annuity
authorized by this section shall be equal to the average pay described
in section 8331(4), increased by the percentage adjustments
(compounded) in rates of pay of the General Schedule taking effect
during the period--
``(A) beginning on the day after the date of the separation
on which title to annuity is based, and
``(B) ending on the day before the commencement date of
such annuity.
``(2) In the case of a former employee or Member who dies after
having separated from the service with title to an annuity authorized
by this section but before having established a valid claim for such
annuity, the average pay used in the computation of any survivor
annuity payable based on the service of such former employee or Member
shall be increased in the manner described in paragraph (1), except
that, in applying subparagraph (B) of paragraph (1) for purposes of
this paragraph, the commencement date of such survivor annuity shall be
used instead of the commencement date of the annuity referred to in
such subparagraph.
``(3) Average pay shall not be increased by reason of any
adjustment under this subsection to an amount which exceeds the rate of
basic pay that, as of the day before the commencement date of the
annuity or survivor annuity involved, is payable for the position that
was held by the employee or Member at the time of earning the highest
rate of pay taken into account in computing such employee's or Member's
average pay, as determined under regulations of the Office.''.
(b) Amendment to Chapter 84.--Section 8415 of title 5, United
States Code, is amended by adding at the end the following:
``(n)(1) The average pay used in the computation of a deferred
annuity under section 8413 shall be equal to the average pay described
in section 8401(3), increased by the percentage adjustments
(compounded) in rates of pay of the General Schedule taking effect
during the period--
``(A) beginning on the day after the date of the separation
on which title to annuity is based, and
``(B) ending on the day before the commencement date of
such annuity.
``(2) In the case of a former employee or Member who dies after
having separated from the service with title to a deferred annuity
referred to in paragraph (1) but before having established a valid
claim for such annuity, the average pay used in the computation of any
survivor annuity payable based on the service of such former employee
or Member shall be increased in the manner described in paragraph (1),
except that, in applying subparagraph (B) of paragraph (1) for purposes
of this paragraph, the commencement date of such survivor annuity shall
be used instead of the commencement date of the annuity referred to in
such subparagraph.
``(3) Average pay shall not be increased by reason of any
adjustment under this subsection to an amount which exceeds the rate of
basic pay that, as of the day before the commencement date of the
annuity or survivor annuity involved, is payable for the position that
was held by the employee or Member at the time of earning the highest
rate of pay taken into account in computing such employee's or Member's
average pay, as determined under regulations of the Office.''.
(c) Amendments Relating to Individuals Becoming Subject to FERS by
Election.--
(1) Computation of a deferred annuity.--Paragraph (6) of
section 302(a) of the Federal Employees' Retirement System Act
of 1986 (5 U.S.C. 8331 note) is amended by adding at the end
the following:
``(C) In determining average pay under this paragraph for
purposes of computing a deferred annuity under section 8413 of
such title--
``(i) the provisions of section 8338(e)(1) and (3)
of such title shall apply, to the extent that such
annuity is computed under paragraph (4); and
``(ii) the provisions of section 8415(n)(1) and (3)
of such title shall apply, to the extent that such
annuity is computed under paragraph (5).''.
(2) Computation of a survivor annuity.--Paragraph (9) of
such section 302(a) is amended by striking ``(9)'' and
inserting ``(9)(A)'', and by adding at the end the following:
``(B) In computing an annuity under paragraph (3) for
purposes of determining the amount of a survivor annuity under
subchapter IV of chapter 84 of title 5, United States Code, to
which the survivor is entitled based on the service of a former
employee or Member who dies in the circumstances described in
section 8415(n)(2) of such title--
``(i) paragraph (6)(C)(i) shall apply, to the
extent that such annuity is computed under paragraph
(4); and
``(ii) paragraph (6)(C)(ii) shall apply, to the
extent that such annuity is computed under paragraph
(5).''.
(d) Conforming Amendments.--(1) Section 8331(10) of title 5, United
States Code, is amended by inserting ``former employee or Member,''
before ``or annuitant''.
(2) Section 8341(h)(1) of title 5, United States Code, is amended
by striking ``or former Member who was separated from the service with
title to a deferred annuity under section 8338(b) of this title'' and
inserting ``or former employee or Member who died after having
separated from the service with title to a deferred annuity under
section 8338 but before having established a valid claim for
annuity,''.
(3) Clause (iii) of section 8341(h)(2)(B) of title 5, United States
Code, is amended by striking ``a Member'' and inserting ``an employee
or Member''.
SEC. 3. AMENDMENT TO PROVIDE THAT THE WIDOW OR WIDOWER OF A DEFERRED
ANNUITANT WHO DIES BEFORE ESTABLISHING A VALID CLAIM FOR
ANNUITY UNDER CSRS SHALL BE ELIGIBLE FOR A SURVIVOR
ANNUITY IN THE SAME WAY AS APPLIES CURRENTLY UNDER FERS.
Subsection (f) of section 8341 of title 5, United States Code, is
amended to read as follows:
``(f) If an employee or Member dies after having separated from the
service with title to a deferred annuity under section 8338 but before
having established a valid claim for annuity, and is survived by a
widow or widower to whom married on the date of separation, the widow
or widower--
``(1) is entitled to an annuity equal to 55 percent of the
deferred annuity of the employee or Member commencing on the
day after the employee or Member dies and terminating on the
last day of the month before the widow or widower dies or
remarries before age 55; or
``(2) may elect to receive the lump-sum credit instead of
annuity if the widow or widower is the individual who would be
entitled to the lump-sum credit and files application therefor
with the Office before the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable
under this subsection to the widow or widower of a former
employee or Member may not exceed the difference between--
``(A) the annuity which would otherwise be payable to such
widow or widower under this subsection; and
``(B) the amount of the survivor annuity payable to any
former spouse of such former employee or Member under
subsection (h).''.
SEC. 4. EFFECTIVE DATES.
(a) Amendments Made by Section 2.--
(1) In general.--The amendments made by section 2 shall
apply to any annuity or survivor annuity commencing before, on,
or after the date of the enactment of this Act, subject to
paragraph (2).
(2) Recomputations.--In the case of any individual who is
entitled to an annuity or survivor annuity based on a
separation from service which occurred before the date of the
enactment of this Act--
(A) such annuity or survivor annuity shall be
recomputed to take into account the amendments made by
section 2 only if application therefor is made within
12 months after the effective date of regulations
prescribed by the Office of Personnel Management to
carry out such amendments; and
(B) any change in an annuity or survivor annuity
resulting from a recomputation under subparagraph (A)
shall be effective only with respect to amounts
accruing for months beginning on or after the date of
the enactment of this Act.
(b) Amendment Made by Section 3.--The amendment made by section 3
shall take effect as of the date of the enactment of this Act. Upon
timely application to the Office of Personnel Management, such
amendment shall also apply to the widow or widower of a former employee
or Member who died before such date of enactment, except that no amount
shall be payable--
(1) for any period beginning before such date of enactment;
or
(2) in any case in which all annuity rights under
subchapter III of chapter 83 of title 5, United States Code,
have been voided due to the lump-sum credit having been taken.
(c) Savings Provision.--Nothing in section 3 shall affect the right
of an individual to a survivor annuity, based on a death occurring on
or after the date of the enactment of this Act, if such individual
would (upon filing claim therefor) have been entitled to such annuity
had section 3 not been enacted.
(d) Definitions.--For purposes of this section--
(1) the terms ``widow'' and ``widower'' have the respective
meanings given them by section 8341 of title 5, United States
Code; and
(2) the term ``lump-sum credit'' has the meaning given such
term by section 8331(8) of such title.
|
Deferred Benefits Adjustment Act of 2013 - Amends federal civil service law to provide for the indexation of deferred annuities, including survivor annuities, under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) and for individuals becoming subject to FERS by election.Terminates the entitlement of a survivor who remarries before age 55 (currently, who remarries at any age) to an annuity based on the service of a deferred annuitant who dies before establishing a valid claim for a CSRS annuity.
|
{"src": "billsum_train", "title": "Deferred Benefits Adjustment Act of 2013"}
| 2,472 | 146 | 0.467979 | 1.18602 | 0.42105 | 3.28866 | 22.010309 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Remote Sensing Applications Act of
2002''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) although urban land use planning, growth management,
and other functions of State, local, regional, and tribal
agencies are rightfully within their jurisdiction, the Federal
Government can and should play an important role in the
development and demonstration of innovative techniques to
improve comprehensive land use planning and growth management;
(2) the United States is making a major investment in
acquiring remote sensing and other geospatial information from
both governmental and commercial sources;
(3) while much of the data is being acquired for scientific
and national security purposes, it also can have important
applications to help meet societal goals;
(4) it has already been demonstrated that Landsat data and
other earth observation data can be of enormous assistance to
Federal, State, local, regional, and tribal agencies for urban
land use planning, coastal zone management, natural and
cultural resource management, and disaster monitoring;
(5) remote sensing, coupled with the emergence of
geographic information systems and satellite-based positioning
information, offers the capability of developing important new
applications of integrated sets of geospatial information to
address societal needs;
(6) the full range of applications of remote sensing and
other forms of geospatial information to meeting public sector
requirements has not been adequately explored or exploited;
(7) the Land Remote Sensing Policy Act of 1992,
Presidential Decision Directive 23 of 1994, and the Commercial
Space Act of 1998 all support and promote the development of
United States commercial remote sensing capabilities;
(8) many State, local, regional, tribal, and Federal
agencies are unaware of the utility of remote sensing and other
geospatial information for meeting their needs, even when
research has demonstrated the potential applications of that
information;
(9) remote sensing and other geospatial information can be
particularly useful to State, local, regional, and tribal
agencies in the area of urban planning, especially in their
efforts to plan for and manage the impacts of growth,
development, and sprawl, as well as in environmental impact and
disaster relief planning and management;
(10) the National Aeronautics and Space Administration, in
coordination with other agencies, can play a unique role in
demonstrating how data acquired for scientific purposes, when
combined with other data sources and processing capabilities,
can be applied to assist State, local, regional, and tribal
agencies and the private sector in decisionmaking in such areas
as agriculture, weather forecasting, and forest management; and
(11) in addition, the National Aeronautics and Space
Administration, in conjunction with other agencies, can play a
unique role in stimulating the development of the remote
sensing and other geospatial information sector through pilot
projects to demonstrate the value of integrating governmental
and commercial remote sensing data with geographic information
systems and satellite-based positioning data to provide useful
applications products.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration;
(2) the term ``geospatial information'' means knowledge of
the nature and distribution of physical and cultural features
on the landscape based on analysis of data from airborne or
spaceborne platforms or other types and sources of data; and
(3) the term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS.
(a) In General.--The Administrator shall establish a program of
grants for competitively awarded pilot projects to explore the
integrated use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this section, the
Administrator shall give preference to projects that--
(1) make use of existing public or commercial data sets;
(2) integrate multiple sources of geospatial information,
such as geographic information system data, satellite-provided
positioning data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that
process raw or lightly processed data, often merging that data
with other geospatial information, to create data products that
have significant value added to the original data; and
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) Opportunities.--In carrying out this section, the Administrator
shall seek opportunities to assist--
(1) in the development of commercial applications
potentially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies
for growth management.
(d) Duration.--Assistance for a pilot project under subsection (a)
shall be provided for a period not to exceed 3 years.
(e) Report.--Each recipient of a grant under subsection (a) shall
transmit a report to the Administrator on the results of the pilot
project within 180 days of the completion of that project.
(f) Workshop.--Each recipient of a grant under subsection (a)
shall, not later than 180 days after the completion of the pilot
project, conduct at least one workshop for potential users to
disseminate the lessons learned from the pilot project as widely as
feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation procedures for
pilot projects, and guidelines for reports and workshops required by
this section.
SEC. 5. PROGRAM EVALUATION.
(a) Advisory Committee.--The Administrator shall establish an
advisory committee, consisting of individuals with appropriate
expertise in State, local, regional, and tribal agencies, the
university research community, and the remote sensing and other
geospatial information industry, to monitor the program established
under section 4. The advisory committee shall consult with the Federal
Geographic Data Committee and other appropriate industry
representatives and organizations. Notwithstanding section 14 of the
Federal Advisory Committee Act, the advisory committee established
under this subsection shall remain in effect until the termination of
the program under section 4.
(b) Effectiveness Evaluation.--Not later than December 31, 2006,
the Administrator shall transmit to the Congress an evaluation of the
effectiveness of the program established under section 4 in exploring
and promoting the integrated use of sources of remote sensing and other
geospatial information to address State, local, regional, and tribal
agency needs. Such evaluation shall have been conducted by an
independent entity.
SEC. 6. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of the
pilot projects completed under section 4 shall be retrievable through
an electronic, Internet-accessible database.
SEC. 7. EDUCATION.
The Administrator shall establish an educational outreach program
to increase awareness at institutions of higher education and State,
local, regional, and tribal agencies of the potential applications of
remote sensing and other geospatial information.
SEC. 8. COST SENSITIVITY STUDY.
The Administrator shall conduct a study of the effect of remote
sensing imagery costs on potential State, local, regional, and tribal
agency applications. The study shall identify applications that are
likely to be most affected by reductions in the cost of remote sensing
imagery. Not later than 2 years after the date of the enactment of this
Act, the Administrator shall transmit to the Congress the results of
the study conducted under this section.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
$15,000,000 for each of the fiscal years 2003 through 2007 to carry out
this Act.
Passed the House of Representatives October 1, 2002.
Attest:
Clerk.
107th CONGRESS
2d Session
H. R. 2426
_______________________________________________________________________
AN ACT
To encourage the development and integrated use by the public and
private sectors of remote sensing and other geospatial information, and
for other purposes.
|
Remote Sensing Applications Act of 2002 - Directs the Administrator of the National Aeronautics and Space Administration to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator to give preference to projects that: (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible.Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management.Limits the provision of assistance for such projects under this Act to three years.Requires each grant recipient to transmit a report to the Administrator on the results of the project and to conduct at least one workshop for potential users to disseminate the lessons learned from the project as widely as feasible.Directs the Administrator to: (1) establish an advisory committee to monitor the program; (2) transmit to Congress an independent evaluation of program effectiveness; (3) ensure that project results are retrievable through an Internet-accessible database; (4) establish an educational outreach program to increase awareness at institutions of higher education and State, local, and tribal agencies of the potential applications of remote sensing and other geospatial information; and (5) study and report to Congress on the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications.Authorizes appropriations.
|
{"src": "billsum_train", "title": "To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes."}
| 1,749 | 423 | 0.655479 | 2.230717 | 0.791614 | 7.184896 | 4.5 | 0.976563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seed Availability and Competition
Act of 2004''.
SEC. 2. RETAINING PATENTED SEED.
(a) Registration.--Any person who plants patented seed or seed
derived from patented seed may retain seed from the harvest of the
planted seed for replanting by that person if that person--
(1) submits to the Secretary of Agriculture notice, in such
form as the Secretary may require, of the type and quantity of
seed to be retained and any other information the Secretary
determines to be appropriate; and
(2) pays the fee established by the Secretary pursuant to
subsection (b) for the type and quantity of seed retained.
(b) Fees.--The Secretary of Agriculture shall establish a fee to be
paid by a person pursuant to subsection (a)(2) based on the type and
quantity of seed retained. The Secretary shall deposit amounts
collected pursuant to subsection (a)(2) in the Patented Seed Fund
established under subsection (e)(1).
(c) Refunds.--The Secretary of Agriculture may refund or make an
adjustment of the fee paid pursuant to subsection (a)(2) when the
person is unable to plant or harvest the retained seed as a result of a
natural disaster or related condition and under such other
circumstances as the Secretary considers such refund or adjustment
appropriate.
(d) Distributions.--The Secretary of Agriculture shall pay the
collected fees to the appropriate patent holders, at a frequency that
the Secretary determines is appropriate, from the Patented Seed Fund
established under subsection (e)(1), taking into consideration the
possibility of refunds pursuant to subsection (c).
(e) Patented Seed Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Patented Seed
Fund'', consisting of such amounts as may be received by the
Secretary and deposited into such Fund as provided in this
section.
(2) Administration.--The Fund shall be administered by the
Secretary of Agriculture and all moneys in the Fund shall be
distributed solely by the Secretary in accordance with this
section and shall not be distributed or appropriated for any
other purpose. Amounts in the Fund are available without
further appropriation and until expended to make payments to
patent holders.
(f) Inapplicability of Contracts and Patent Fees.--A person who
retains seed under subsection (a) from the harvest of patented seed or
seed derived from patented seed shall not be bound by any contractual
limitation on retaining such seed, or by any requirement to pay
royalties or licensing or other fees, by reason of the patent, for
retaining such seed.
(g) Definition.--In this section, the term ``patented seed'' means
seed for which a person holds a valid patent.
SEC. 3. TARIFF ON CERTAIN IMPORTED PRODUCTS.
(a) Tariff.--In any case in which--
(1) genetically modified seed on which royalties or
licensing or other fees are charged by the owner of a patent on
such seed to persons purchasing the seed in the United States
is exported, and
(2) no such fees, or a lesser amount of such fees, are
charged to purchasers of the exported seed in a foreign
country,
then there shall be imposed on any product of the exported seed from
that foreign country that enters the customs territory of the United
States a duty determined by the Secretary of the Treasury, in addition
to any duty that otherwise applies, in an amount that recovers the
difference between the fees paid by purchasers of the seed in the
United States and purchasers of the exported seed in that country.
(b) Deposit of Duties.--There shall be deposited in the Patented
Seed Fund established by section 2(e)(1) the amount of all duties
collected under subsection (a) for distribution to the appropriate
patent holders in accordance with section 2(d).
(c) Definition.--In this section--
(1) the term ``genetically modified seed'' means any seed
that contains a genetically modified material, was produced
with a genetically modified material, or is descended from a
seed that contained a genetically modified material or was
produced with a genetically modified material; and
(2) the term ``genetically modified material'' means
material that has been altered at the molecular or cellular
level by means that are not possible under natural conditions
or processes (including recombinant DNA and RNA techniques,
cell fusion, microencapsulation, macroencapsulation, gene
deletion and doubling, introducing a foreign gene, and changing
the positions of genes), other than a means consisting
exclusively of breeding, conjugation, fermentation,
hybridization, in vitro fertilization, tissue culture, or
mutagenesis.
|
Seed Availability and Competition Act of 2004 - Requires persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay related fees.
Establishes in the Treasury the Patented Seed Fund.
Imposes a tariff equal to the difference in fees in any case in which: (1) genetically modified seed on which royalties or licensing or other fees are charged by the patent owner to U.S. purchasers is exported, and (2) no such fees, or lesser fee amounts, are charged to foreign purchasers of the exported seed.
|
{"src": "billsum_train", "title": "To require persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay fees set by the Secretary for retaining such seed, and for other purposes."}
| 1,061 | 124 | 0.643755 | 1.653984 | 0.597582 | 3.678899 | 8.688073 | 0.889908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Organ Policy Equity Act''.
SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Standards of Quality for the Acquisition and Transportation of
Donated Organs.--
(1) Organ procurement and transplantation network.--Section
372(b) of the Public Health Service Act (42 U.S.C. 274(b)) is
amended--
(A) in paragraph (2)(E), by striking ``, including
standards for preventing the acquisition of organs that are
infected with the etiologic agent for acquired immune
deficiency syndrome''; and
(B) by adding at the end the following:
``(3) Clarification.--In adopting and using standards of
quality under paragraph (2)(E), the Organ Procurement and
Transplantation Network may adopt and use such standards with
respect to organs infected with human immunodeficiency virus (in
this paragraph referred to as `HIV'), provided that any such
standards ensure that organs infected with HIV may be transplanted
only into individuals who--
``(A) are infected with HIV before receiving such organ;
and
``(B)(i) are participating in clinical research approved by
an institutional review board under the criteria, standards,
and regulations described in subsections (a) and (b) of section
377E; or
``(ii) if the Secretary has determined under section
377E(c) that participation in such clinical research, as a
requirement for such transplants, is no longer warranted, are
receiving a transplant under the standards and regulations
under section 377E(c).''.
(2) Conforming amendment.--Section 371(b)(3)(C) of the Public
Health Service Act (42 U.S.C. 273(b)(3)(C); relating to organ
procurement organizations) is amended by striking ``including
arranging for testing with respect to preventing the acquisition of
organs that are infected with the etiologic agent for acquired
immune deficiency syndrome'' and inserting ``including arranging
for testing with respect to identifying organs that are infected
with human immunodeficiency virus (HIV)''.
(3) Technical amendments.--Section 371(b)(1) of the Public
Health Service Act (42 U.S.C. 273(b)(1)) is amended by--
(A) striking subparagraph (E);
(B) redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(C) striking ``(H) has a director'' and inserting ``(G) has
a director''; and
(D) in subparagraph (H)--
(i) in clause (i) (V), by striking ``paragraph (2)(G)''
and inserting ``paragraph (3)(G)''; and
(ii) in clause (ii), by striking ``paragraph (2)'' and
inserting ``paragraph (3)''.
(b) Publication of Research Guidelines.--Part H of title III of the
Public Health Service Act (42 U.S.C. 273 et seq.) is amended by
inserting after section 377D the following:
``SEC. 377E. CRITERIA, STANDARDS, AND REGULATIONS WITH RESPECT TO
ORGANS INFECTED WITH HIV.
``(a) In General.--Not later than 2 years after the date of the
enactment of the HIV Organ Policy Equity Act, the Secretary shall
develop and publish criteria for the conduct of research relating to
transplantation of organs from donors infected with human
immunodeficiency virus (in this section referred to as `HIV') into
individuals who are infected with HIV before receiving such organ.
``(b) Corresponding Changes to Standards and Regulations Applicable
to Research.--Not later than 2 years after the date of the enactment of
the HIV Organ Policy Equity Act, to the extent determined by the
Secretary to be necessary to allow the conduct of research in
accordance with the criteria developed under subsection (a)--
``(1) the Organ Procurement and Transplantation Network shall
revise the standards of quality adopted under section 372(b)(2)(E);
and
``(2) the Secretary shall revise section 121.6 of title 42,
Code of Federal Regulations (or any successor regulations).
``(c) Revision of Standards and Regulations Generally.--Not later
than 4 years after the date of the enactment of the HIV Organ Policy
Equity Act, and annually thereafter, the Secretary, shall--
``(1) review the results of scientific research in conjunction
with the Organ Procurement and Transplantation Network to determine
whether the results warrant revision of the standards of quality
adopted under section 372(b)(2)(E) with respect to donated organs
infected with HIV and with respect to the safety of transplanting
an organ with a particular strain of HIV into a recipient with a
different strain of HIV;
``(2) if the Secretary determines under paragraph (1) that such
results warrant revision of the standards of quality adopted under
section 372(b)(2)(E) with respect to donated organs infected with
HIV and with respect to transplanting an organ with a particular
strain of HIV into a recipient with a different strain of HIV,
direct the Organ Procurement and Transplantation Network to revise
such standards, consistent with section 372 and in a way that
ensures the changes will not reduce the safety of organ
transplantation; and
``(3) in conjunction with any revision of such standards under
paragraph (2), revise section 121.6 of title 42, Code of Federal
Regulations (or any successor regulations).''.
SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE.
Section 1122(a) of title 18, United States Code, is amended by
inserting ``or in accordance with all applicable guidelines and
regulations made by the Secretary of Health and Human Services under
section 377E of the Public Health Service Act'' after ``research or
testing''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
(This measure has not been amended since it was passed by the Senate on June 17, 2013. HIV Organ Policy Equity Act - Amends the Public Health Service Act to repeal the requirement that the Organ Procurement and Transplantation Network adopt and use standards of quality for the acquisition and transportation of donated organs that include standards for preventing the acquisition of organs infected with the etiologic agent for acquired immune deficiency syndrome (AIDS). Replaces this requirement with authorization for the Network to adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who are: (1) infected with such virus before receiving such an organ; and (2) participating in clinical research approved by an institutional review board under the criteria, standards, and regulations regarding organs infected with HIV developed under this Act or, if participation in such research is no longer warranted, receiving a transplant under such standards and regulations. Revises similarly the requirement that organ procurement organizations arrange for testing to prevent the acquisition of organs infected with the AIDS etiologic agent to require that they arrange for testing to identify organs infected with HIV. Directs the Secretary of Health and Human Services (HHS) to develop and publish guidelines for the conduct of research relating to transplantation of organs from HIV-infected donors. Requires the Network to revise its standards of quality regarding HIV-infected organs and the Secretary to revise related regulations. Requires the Secretary to: (1) review annually the results of scientific research in conjunction with the Network to determine whether they warrant revision of quality standards relating to donated HIV-infected organs and to the safety of transplantation of organs with a particular strain of HIV into a recipient with a different strain; and (2) direct the Network, if the review so warrants, to revise its standards in a way that ensures the changes will not reduce the safety of organ transplantation. Amends the federal criminal code to declare that an organ donation does not violate the prohibition against a knowing organ donation by an HIV-infected individual if the donation is made in accordance with this Act.
|
{"src": "billsum_train", "title": "HIV Organ Policy Equity Act"}
| 1,435 | 500 | 0.693178 | 2.310314 | 0.816133 | 3.71256 | 2.862319 | 0.86715 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Gateways Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a 2013 Census Bureau study, women's
representation in STEM occupations has increased since the
1970s, but women remain significantly underrepresented in
engineering and computing occupations that make up more than 80
percent of all STEM employment. Women's representation in
computer occupations has declined since the 1990s. In 2011, 26
percent of STEM workers were women. According to the National
Action Council for Minorities in Engineering, Inc., the number
of engineering degrees awarded to African-American women has
steadily declined since the late 1990s.
(2) According to the Brookings Institution 2013 report,
``The Hidden STEM Economy'', half of all STEM jobs are
available to workers without a 4-year college degree, and these
jobs pay $53,000 per year on average. This sector of the STEM
economy offers job opportunities for many workers with
qualified certificates or associate degrees, drawing from high
schools, workforce training programs, career and technical
education schools, and community colleges. Despite these
opportunities, only \1/5\ of the $4,300,000,000 spent annually
by the Federal Government on STEM education and training goes
towards supporting training below the baccalaureate degree
level.
(3) According to a 2011 report by the Department of
Commerce, underrepresented minorities account for only 3 out of
10 professionals in STEM fields.
(4) STEM workers in all demographic groups earn more than
their non-STEM counterparts.
(5) According to the Afterschool Alliance 2014 report,
``America After 3pm'', children from African-American,
Hispanic, and Native American populations participate in
afterschool programs at higher rates than the national average
participation rate. Girls also participate in equal numbers to
boys in such programs. Afterschool learning thus represents an
intervention point to engage with populations currently
underrepresented in STEM fields and careers.
SEC. 3. GRANT PROGRAM AUTHORIZED.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary shall award grants to eligible entities, on
a competitive basis, to enable such eligible entities to carry out
programs described in subsection (d) to achieve, with respect to women
and girls, underrepresented minorities, and individuals from all
economic backgrounds (including economically disadvantaged individuals
and individuals living in economically distressed areas), 1 or more of
the following goals:
(1) Encourage interest in the STEM fields at the elementary
school or secondary school levels.
(2) Motivate engagement in STEM fields by providing
relevant hands-on learning opportunities at the elementary
school and secondary school levels.
(3) Support classroom success in STEM disciplines at the
elementary school or secondary school levels.
(4) Support workforce training and career preparation in
STEM fields at the secondary school level.
(5) Improve access to career and continuing education
opportunities in STEM fields at the secondary school level.
(b) Limitation.--The Secretary may award grants under this section
for not longer than a 5-year period.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall contain--
(A) in the case of an eligible entity that plans to
use the grant funds at the elementary school level--
(i) a description of the programs the
eligible entity will carry out to achieve 1 or
more of the goals described in paragraphs (1)
through (3) of subsection (a) at the elementary
school level, including the content of the
programs and research and models used to design
the programs; and
(ii) a description of how the programs
described in clause (i) will support the
success of women and girls, underrepresented
minorities, and individuals from all economic
backgrounds (including economically
disadvantaged individuals and individuals
living in economically distressed areas) in
STEM education, such as--
(I) recruiting women and girls,
underrepresented minorities, and
individuals from all economic
backgrounds (including economically
disadvantaged individuals and
individuals living in economically
distressed areas) to participate in the
programs;
(II) supporting educators who will
lead the programs, and participants in
the programs;
(III) encouraging partnerships
between in-school and out-of-school
educators, such as afterschool
providers, science centers, and
museums;
(IV) identifying public and private
partners that are able to support the
programs; and
(V) planning for sustaining the
programs financially beyond the grant
period; and
(B) in the case of an eligible entity that plans to
use the grant funds at the secondary school level--
(i) a description of the programs the
eligible entity will carry out to achieve 1 or
more of the goals described in paragraphs (1)
through (5) of subsection (a) at the secondary
school level, including the content of the
programs and research and models used to design
the programs;
(ii) a description of how the programs
described in clause (i) will support the
success of women and girls, underrepresented
minorities, and individuals from all economic
backgrounds (including economically
disadvantaged individuals and individuals
living in economically distressed areas) in
STEM education and workforce training that
prepares such individuals to take advantage of
employment opportunities in STEM fields, such
as--
(I) recruiting women and girls,
underrepresented minorities, and
individuals from all economic
backgrounds (including economically
disadvantaged individuals and
individuals living in economically
distressed areas) to participate in the
programs;
(II) supporting educators who will
lead such programs, and participants in
the programs;
(III) identifying public and
private partners that are able to
support the programs;
(IV) partnering with institutions
of higher education or institutions
providing informal science education,
such as afterschool programs and
science centers and museums;
(V) partnering with institutions of
higher education; and
(VI) planning for sustaining the
programs financially beyond the grant
period;
(iii) a review of the industry and business
workforce needs, including the demand for
workers with knowledge or training in a STEM
field; and
(iv) an analysis of job openings that
require knowledge or training in a STEM field.
(d) Use of Funds.--
(1) Required use of funds.--An eligible entity that
receives a grant under this section shall use such grant funds
to carry out programs to achieve 1 or more of the goals
described in subsection (a) at the elementary school or
secondary school levels, with respect to women and girls,
underrepresented minorities, and students from all economic
backgrounds (including economically disadvantaged individuals
and students living in economically distressed areas).
(2) Authorized use of funds.--The programs described in
paragraph (1) may include any of the following activities, with
respect to the individuals described in paragraph (1):
(A) Carrying out the activities described in
subparagraph (A)(ii) or (B)(ii) of subsection (c)(2),
as appropriate.
(B) Providing professional development for
teachers, afterschool providers, and other school
personnel in elementary schools or secondary schools,
including professional development to encourage,
through academic instruction and support, such
individuals to pursue advanced classes and careers in
STEM fields.
(C) Providing tutoring and mentoring programs in
STEM fields.
(D) Establishing partnerships with institutions of
higher education, potential employers, and other
industry stakeholders that expose such individuals to
professionals in STEM fields, or providing
opportunities for postsecondary academic credits or
credentials.
(E) Providing after-school activities and other
informal learning opportunities designed to encourage
interest and develop skills in STEM fields.
(F) Providing summer programs to extend learning
time and to deepen the skills and interest in STEM
fields of such individuals.
(G) Purchasing and utilizing--
(i) educational or instructional materials
that are designed to improve educational
outcomes in STEM fields, and will serve to
deepen the skills and interest in STEM fields
of such individuals; or
(ii) equipment, instrumentation, or
hardware used to teach and encourage interest
in STEM fields.
(H) Internships or opportunities for experiential
learning in STEM fields.
(e) Report.--
(1) Eligible entities.--Each eligible entity receiving a
grant under this Act shall, on an annual basis, submit a report
to the Secretary on the use of funds and the number of students
who participated in the programs carried out with the grant
funds.
(2) Secretary.--The Secretary shall, on an annual basis,
and using the reports received under paragraph (1), report to
Congress on the overall impact and effectiveness of the grant
program under this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``educational service
agency'', ``elementary school'', ``local educational agency'',
``institution of higher education'', ``secondary school'',
``Secretary'', and ``State'' have the meanings given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(3) Economically disadvantaged individual.--The term
``economically disadvantaged individual'' has the meaning given
the term in section 400.4 of title 34, Code of Federal
Regulations, as such section is in effect on the date of
enactment of this Act.
(4) Economically distressed area.--The term ``economically
distressed area'' means a county or equivalent division of
local government of a State in which, according to the most
recently available data from the Bureau of the Census, 40
percent or more of the residents have an annual income that is
at or below the poverty level.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) an educational service agency serving more than
1 local educational agency;
(C) a consortium of local educational agencies;
(D) a nonprofit organization that--
(i) works with elementary schools,
secondary schools, or institutions of higher
education; and
(ii) has demonstrated a commitment to
achieving the goals described in paragraphs (1)
through (4) of section 3(a); or
(E) a community college working in partnership with
secondary schools to create opportunities for dual
enrollment, credit transfer, or accelerated
postsecondary credentialing.
(6) Partners.--The term ``partners'' means organizations
that employ workers in STEM-related careers or organizations
with demonstrated expertise in identifying, scaling, and
implementing successful practices in STEM education and
workforce development.
(7) STEM.--The term ``STEM'' means--
(A) science, technology, engineering, and
mathematics; and
(B) other academic subjects that build on the
subjects described in subparagraph (A), such as
computer science.
(8) Underrepresented minority.--The term ``underrepresented
minority'' has the meaning given the term ``minority'' in
section 637.4(b) of title 34, Code of Federal Regulations, as
such section is in effect on the date of enactment of this Act.
|
STEM Gateways Act This bill directs the Department of Education to award competitive grants for science, technology, engineering, and mathematics (STEM) elementary and secondary school programs that: encourage interest in the STEM fields; motivate engagement in the STEM fields by providing relevant hands-on learning opportunities; support classroom success in the STEM disciplines; support STEM workforce training and career preparation for secondary school students; or improve the access of secondary school students to STEM career and continuing education opportunities.
|
{"src": "billsum_train", "title": "STEM Gateways Act"}
| 2,428 | 95 | 0.411279 | 1.075867 | 1.053316 | 2.98913 | 26.217391 | 0.967391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guantanamo Bay Detainee Transfer
Suspension Act of 2014''.
SEC. 2. TEMPORARY LIMITATION ON USE OF FUNDS TO TRANSFER OR RELEASE
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) In General.--Except as provided in subsection (b), no funds may
be obligated or expended to transfer or release any covered detainee at
Guantanamo to the custody or control of such individual's country of
origin, any other foreign country, or any other foreign entity until
the earlier of--
(1) the date that is 90 days after the date of submittal to
Congress of the report required by subsection (d); or
(2) the date that is 180 days after the date of the
enactment of this Act.
(b) Exception.--
(1) In general.--Subsection (a) shall not apply to the
obligation or expenditure of funds to transfer any covered
detainee at Guantanamo to effectuate an order affecting the
disposition of such individual that is issued by a court or
competent tribunal of the United States having lawful
jurisdiction.
(2) Notice to congress.--The Secretary of Defense shall
promptly notify the appropriate committees of Congress of the
issuance of any order described in paragraph (1).
(3) Delay in discharge.--An order described in paragraph
(1) may not be carried out until the date that is 5 days after
the date on which the appropriate committees of Congress are
notified of the order pursuant to paragraph (2).
(c) Enforcement.--
(1) In general.--An officer or employee of the United
States shall be liable in his or her individual capacity for a
civil penalty of $10,000 for each covered detainee at
Guantanamo transferred or released in violation of subsection
(a) pursuant to an action or order of the officer or employee
of the United States.
(2) No representation by united states.--Notwithstanding
section 50.15 or 50.16 of title 28, Code of Federal
Regulations, or any other provision of law, the United States
Government may not provide representation to, or retain or
reimburse private counsel for the representation of, an officer
or employee in an action under paragraph (1).
(3) Qui tam action.--
(A) In general.--A person may bring a civil action
for a violation of subsection (a) for the person and
for the United States Government, seeking a civil
penalty under paragraph (1). The action shall be
brought in the name of the Government. The action may
be dismissed only if the court and the Attorney General
give written consent to the dismissal and their reasons
for consenting.
(B) Complaint.--A copy of the complaint and written
disclosure of substantially all material evidence and
information the person possesses shall be served on the
Government pursuant to rule 4 of the Federal Rules of
Civil Procedure. The Government may elect to intervene
and proceed with the action within 30 days after it
receives both the complaint and the material evidence
and information.
(C) Determination by government.--Before the
expiration of the 30-day period under subparagraph (B),
the Government shall--
(i) proceed with the action, in which case
the action shall be conducted by the
Government; or
(ii) notify the court that it declines to
take over the action, in which case the person
bringing the action shall have the right to
conduct the action.
(D) Individual conducting action.--If the
Government elects not to proceed with the action, and
upon request and at the Government's expense, the
Government shall be served with copies of all pleadings
filed in the action and shall be supplied with copies
of all deposition transcripts.
(E) Award to qui tam plaintiff.--A person bringing
an action under subparagraph (A) shall receive 50
percent of the amount of the civil penalty imposed on
the officer or employee of the United States and the
court shall award the person reasonable expenses which
the court finds to have been necessarily incurred, plus
reasonable attorneys' fees and costs, to be paid by the
defendant.
(F) Expedited appeal of dismissal.--It shall be the
duty of the courts of the United States to advance on
the docket and to expedite to the greatest possible
extent the disposition of any appeal by a person
bringing a civil action under subparagraph (A) of the
dismissal of the civil action with the consent of the
Attorney General.
(d) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of State and the Director of
National Intelligence, submit to the appropriate committees of
Congress a report setting forth the following:
(A) A detailed description of the previous
assessments by Joint Task Force Guantanamo regarding
the risk that the 5 detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba, to Qatar on
May 31, 2014, would reengage in terrorist activity
after transfer.
(B) A detailed description of any changes between
the assessments described in subparagraph (A) and the
assessments as of May 31, 2014, of the risk that the
detainees described in that subparagraph would reengage
in terrorist activity after transfer as described in
that subparagraph, including the reasons for such
changes.
(C) A detailed description of the prior instances,
if any, in which Qatar did not fully honor its
commitments to monitor, detain, or control the travel
of individuals formerly detained at United States Naval
Station, Guantanamo Bay, Cuba, by the Department of
Defense.
(D) A detailed assessment of the likelihood that
the 5 detainees described in subparagraph (A) will
return to Afghanistan or reengage in terrorism.
(E) A detailed assessment of whether the transfer
of the 5 detainees as described in subparagraph (A)
will increase the likelihood that the Taliban and
terrorist groups around the world will try to capture
United States individuals or personnel in order to
obtain concessions from the United States.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
the Select Committee on Intelligence, and the Committee
on the Judiciary of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
the Permanent Select Committee on Intelligence, and the
Committee on the Judiciary of the House of
Representatives.
(2) The term ``covered detainee at Guantanamo'' means each
individual who--
(A) is not a United States citizen or a member of
the Armed Forces of the United States; and
(B) is or was held on January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the
Department of Defense.
(3) The term ``officer or employee of the United States''--
(A) includes--
(i) the President;
(ii) the head and any officer or employee
of any Executive agency or military department
(as those terms are defined in chapter 1 of
title 5, United States Code); and
(iii) any other officer or employee of the
United States; and
(B) does not include--
(i) a member of the Armed Forces; or
(ii) an officer or employee of an element
of the intelligence community (as defined in
section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
SEC. 3. PROHIBITION ON TRANSFER OR RELEASE OF DETAINEES AT UNITED
STATES NAVAL STATION GUANTANAMO BAY, CUBA, WITHOUT
EXPRESS WRITTEN AUTHORIZATION OF THE PRESIDENT.
(a) Prohibition.--No detainee described in subsection (b) may be
transferred or released from United States Naval Station Guantanamo
Bay, Cuba, to a foreign country without the express written
authorization of the President.
(b) Covered Detainees.--A detainee described in this subsection is
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States;
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense; and
(3) is held as of the date of the enactment of this Act at
United States Naval Station, Guantanamo Bay, Cuba, by the
Department of Defense.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to modify, limit, or
supersede the requirements under section 1035 of the National Defense
Authorization Act for Fiscal Year 2014 (10 U.S.C. 801 note) relating to
the transfer or release of an individual detained at Guantanamo (as
defined in subsection (e)(2) of such section).
|
Guantanamo Bay Detainee Transfer Suspension Act of 2014 - Prohibits the obligation or expenditure of funds to transfer or release any covered detainee at the U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo) to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of 90 days after the submittal to Congress of a report required by this Act or 180 days after this Act's enactment, except pursuant to an order issued by a court or competent tribunal of the United States having lawful jurisdiction. Makes a U.S. officer or employee liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee transferred or released in violation of such prohibition. Prohibits the U.S. government from providing representation to, or retaining or reimbursing private counsel for the representation of, such officer or employee. Authorizes a person to bring a civil action for a violation of such prohibition in the name of the government, subject to specified requirements. Requires the Secretary to submit a report regarding the risk that the five detainees transferred from Guantanamo to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. Prohibits the transfer or release of a covered detainee from Guantanamo to a foreign country without the President's express written authorization. Defines a "covered detainee" as Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or a member of the U.S. Armed Forces; (2) is or was held on January 20, 2009, at Guantanamo by the Department of Defense (DOD); and (3) is held as of the date of enactment of this Act at Guantanamo Bay, Cuba, by DOD.
|
{"src": "billsum_train", "title": "Guantanamo Bay Detainee Transfer Suspension Act of 2014"}
| 2,079 | 436 | 0.696735 | 2.166668 | 0.863726 | 5.006135 | 5.702454 | 0.92638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Space Station
Authorization Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the development, assembly, and operation of the
International Space Station is in the national interest of the
United States;
(2) the National Aeronautics and Space Administration has
restructured and redesigned the International Space Station,
consolidated contract responsibility, and achieved program
management, control, and stability;
(3) the significant involvement by private ventures in
marketing and using, competitively servicing, and commercially
augmenting the operational capabilities of the International
Space Station during its assembly and operational phases will
lower costs and increase benefits to the international
partners;
(4) further rescoping or redesigns of the International
Space Station will lead to costly delays, increase costs to its
international partners, discourage commercial involvement, and
weaken the international space partnership necessary for future
space projects;
(5) total program costs for development, assembly, and
initial operations have been identified and capped to ensure
financial discipline and maintain program schedule milestones;
(6) in order to contain costs, mission planning and
engineering functions of the National Space Transportation
System (Space Shuttle) program should be coordinated with the
Space Station Program Office;
(7) complete program authorizations for large development
programs promote program stability, reduce the potential for
cost growth, and provide necessary assurance to international
partners and commercial participants; and
(8) the International Space Station represents an important
component of an adequately funded civil space program which
balances human space flight with science, aeronautics, and
technology.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration; and
(2) the term ``cost threat'' means a potential change to
the program baseline documented as a potential cost by the
Space Station Program Office.
SEC. 4. SPACE STATION COMPLETE PROGRAM AUTHORIZATION.
(a) Authorization of Appropriations.--Except as provided in
subsection (b), there are authorized to be appropriated to the National
Aeronautics and Space Administration for the period encompassing fiscal
year 1996 and all subsequent fiscal years not to exceed
$13,141,000,000, to remain available until expended, for complete
development and assembly of, and to provide for initial operations,
through fiscal year 2002, of, the International Space Station. Not more
than $2,121,000,000 may be appropriated for any one fiscal year.
(b) Certification and Report.--None of the funds authorized under
subsection (a) may be appropriated for any fiscal year unless, within
60 days after the submission of the President's budget request for that
fiscal year, the Administrator--
(1) certifies to the Congress that--
(A) the program reserves available for such fiscal
year exceed the total of all cost threats known at the
time of certification;
(B) the Administrator does not foresee delays in
the International Space Station's development or
assembly, including any delays relating to agreements
between the United States and its international
partners; and
(C) the International Space Station can be fully
developed and assembled without requiring further
authorization of appropriations beyond amounts
authorized under subsection (a); or
(2) submits to the Congress a report which describes--
(A) the circumstances which prevent a certification
under paragraph (1);
(B) remedial actions undertaken or to be undertaken
with respect to such circumstances;
(C) the effects of such circumstances on the
development and assembly of the International Space
Station; and
(D) the justification for proceeding with the
program, if appropriate.
If the Administrator submits a report under paragraph (2), such report
shall include any comments relating thereto submitted to the
Administrator by any involved party.
(c) Neutral Buoyancy Laboratory.--The Administrator is authorized
to exercise an option to purchase, for not more than $35,000,000, the
Clear Lake Development Facility, containing the Sonny Carter Training
Facility and the approximately 13.7 acre parcel of land on which it is
located, using funds authorized by this Act.
SEC. 5. COORDINATION WITH SPACE SHUTTLE.
The Administrator shall--
(1) coordinate the engineering functions of the Space
Shuttle program with the Space Station Program Office to
minimize overlapping activities; and
(2) in the interest of safety and the successful
integration of human spacecraft development with human
spaceflight operations, maintain at one lead center the
complementary capabilities of human spacecraft engineering and
astronaut training.
SEC. 6. COMMERCIALIZATION OF SPACE STATION.
(a) Policy.--The Congress declares that a priority goal of
constructing the International Space Station is the economic
development of Earth orbital space. The Congress further declares that
the use of free market principles in operating, allocating the use of,
and adding capabilities to the Space Station, and the resulting fullest
possible engagement of commercial providers and participation of
commercial users, will reduce Space Station operational costs for all
partners and the Federal Government's share of the United States burden
to fund operations.
(b) Report.--The Administrator shall deliver to the Congress,
within 60 days after the submission of the President's budget request
for fiscal year 1997, a market study that examines the role of
commercial ventures which could supply, use, service, or augment the
International Space Station, the specific policies and initiatives the
Administrator is advancing to encourage these commercial opportunities,
the cost savings to be realized by the international partnership from
applying commercial approaches to cost-shared operations, and the cost
reimbursements to the United States Federal Government from commercial
users of the Space Station.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that the ``cost incentive fee'' single
prime contract negotiated by the National Aeronautics and Space
Administration for the International Space Station, and the
consolidation of programmatic and financial accountability into a
single Space Station Program Office, are two examples of reforms for
the reinvention of all National Aeronautics and Space Administration
programs that should be applied as widely and as quickly as possible
throughout the Nation's civil space program.
SEC. 8. SPACE STATION ACCOUNTING REPORT.
Within one year after the date of enactment of this Act, and
annually thereafter, the Administrator shall transmit to the Congress a
report with a complete annual accounting of all costs of the space
station, including cash and other payments to Russia.
Passed the House of Representatives September 28, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
|
International Space Station Authorization Act of 1995 - Authorizes appropriations through FY 2002 to the National Aeronautics and Space Administration (NASA) for complete development and initial operations of the International Space Station. Caps appropriations for any one fiscal year. Makes appropriations contingent upon the Administrator of NASA certifying that Space Station budgetary, schedule, and technical commitments will be met. Requires a report to the Congress if such certification cannot be made.
Authorizes the Administrator to purchase the Clear Lake Development Facility, containing the Sonny Carter Training Facility, Texas.
Provides for coordination of the Space Shuttle program with the Space Station Program Office.
States that a priority goal of building the International Space Station is the economic development of Earth orbital space. Requires a related commercialization market study.
Expresses the sense of the Congress that the "cost incentive fee" single prime contract for the International Space Station and the consolidation of program management and financial accountability into a single Space Station Program Office should be applied throughout the civil space program.
Requires the Administrator to submit to the Congress an annual Space Station report, including accounting of all payments to Russia.
|
{"src": "billsum_train", "title": "International Space Station Authorization Act of 1995"}
| 1,394 | 253 | 0.581554 | 1.69595 | 0.817233 | 3.127854 | 6.150685 | 0.863014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adult Day Center Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) One in 6 people in the United States lives with a
neurological disease or condition that can often result in
disability, and which may require the individual to seek
assistance in carrying out the activities of daily living.
Neurological diseases or conditions such as multiple sclerosis
(MS), early-onset Parkinson's disease, and traumatic brain
injury (TBI) can also typically affect younger adults in the
middle of their lives.
(2) Multiple sclerosis is a chronic, often disabling
disease that attacks the central nervous system with symptoms
ranging from numbness in limbs to paralysis and loss of vision.
Most people with MS are diagnosed between the ages of 20 and 50
years of age. MS is a leading cause of disability in young
adults. Persons living with MS who experience more severe forms
of the disease are likely to require either home care or
nursing home placement, though the vast majority would prefer
to remain at home to receive the care they need. Where home
care is concerned, approximately 80 percent of such care is
provided by unpaid caregivers who are generally family members.
(3) Parkinson's disease is a chronic, progressive
neurological disease. The four primary symptoms of Parkinson's
disease are tremor, or trembling in hands, arms, legs, jaw, and
face; rigidity, or stiffness of the limbs and trunk;
bradykinesia, or slowness of movement; and postural
instability, or impaired balance and coordination. Other
symptoms may include cognitive changes; difficulty in
swallowing, chewing, and speaking; urinary problems or
constipation; skin problems; and sleep disruptions. As these
symptoms become more pronounced, patients may have difficulty
walking, talking, or completing other simple tasks. It is
estimated that nearly 500,000 to 1,500,000 people live with
Parkinson's and of those 5 to 10 percent are diagnosed younger
than 60 and deemed ``early-onset''.
(4) Traumatic brain injury is a neurological condition that
typically results from a blow or jolt to the head or a
penetrating head injury and that can impact one or more parts
of the brain, thereby temporarily or permanently disrupting
normal brain function. The Centers for Disease Control and
Prevention estimates that 1,700,000 TBIs occur annually,
resulting in disabilities affecting up to 90,000 people among a
broad range of age groups. Traumatic brain injury is also a
serious issue that affects military servicemembers. Estimates
in prior military conflicts indicate that TBI was present in
14-20 percent of surviving casualties.
(5) Family caregivers are a crucial source of support and
assistance for individuals suffering with disabilities. Family
caregivers, the majority of whom are women, provide an
estimated $470,000,000,000 in ``free'' services annually. The
supply of family caregivers is unlikely to keep pace with
future demand. The caregiver support ratio of potential
caregivers aged 45 to 64 for each person aged 80 and older, for
instance, is 7 to 1 in 2010, 4 to 1 in 2030, and 3 to 1 in
2050.
(6) The majority of family caregivers (or 53 percent) are
caring for someone ages 18 to 74. Forty-seven percent of family
caregivers are caring for someone 75 or older.
(7) Adult day programs can offer services, including
medical care, rehabilitation therapies, dignified assistance
with the activities of daily living, nutrition therapy, health
monitoring, social interaction, stimulating activities, and
transportation to seniors, people with disabilities, and
younger adults with chronic diseases.
(8) Adult day programs geared toward people living with
neurological diseases or conditions such as MS, Parkinson's
disease, TBI, or other similar diseases or conditions provide
an important response to the needs of people living with these
conditions and their family caregivers. Adult day programs can
help to ameliorate symptoms, reduce dependency, provide
important socialization opportunities, and maintain quality of
life.
(9) Adult day programs have been shown to provide a range
of documented benefits including improvements in functional
status, social support, and reductions in fatigue, depression
and pain. Adult day programs also reduce ongoing medical care
and hospital costs and decrease admissions to nursing home
facilities, which can be costly for many families, by allowing
individuals to receive health and social services while
continuing to live at home.
(10) There are currently few adult day programs focused on
younger adult populations in the United States. Although young
people living with neurological diseases or conditions may be
able to access existing adult day programs, such programs are
not typically intended for younger adults living with chronic
diseases or conditions, and may not provide the appropriate
services to meet the age-related or disability status of these
individuals.
SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS.
(a) Survey of Existing Adult Day Programs.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Assistant Secretary for
Aging shall initiate a comprehensive survey of current adult
day programs that provide care and support to individuals
including young adults living with neurological diseases or
conditions such as multiple sclerosis, Parkinson's disease,
traumatic brain injury, or any similar disease or condition.
(2) Survey elements.--In carrying out the survey under
paragraph (1), the Assistant Secretary for Aging may utilize
existing publicly available research on adult day programs, and
shall--
(A) identify ongoing successful adult day programs,
including by providing a brief description of how such
programs were initially established and funded;
(B) identify which adult day programs are serving
young adults living with neurological diseases or
conditions;
(C) develop a set of best practices to help guide
the establishment and replication of additional
successful adult day programs, including--
(i) program guidelines;
(ii) recommendations on the scope of
services that should be provided to individuals
with neurological diseases or conditions
including young adults (which may include
rehabilitation therapy, psychosocial support,
social stimulation and interaction, and
spiritual, educational, or other such
services); and
(iii) performance goals and indicators to
measure and analyze the outcomes generated by
the services provided and to evaluate the
overall success of the program; and
(D) evaluate the extent to which the Administration
for Community Living supports adult day programs,
either directly or indirectly, through current Federal
grant programs.
(3) Report.--Not later than 180 days after initiating the
survey under paragraph (1), the Assistant Secretary for Aging
shall produce and make publicly available a summary report on
the results of the survey. Such report shall include each of
the elements described in paragraph (2).
(b) Establishment of Grant Program.--
(1) In general.--Not later than 90 days after producing the
report required by subsection (a)(3), the Assistant Secretary
for Aging shall establish within the Administration for
Community Living a competitive grant program for awarding
grants annually to eligible entities, based on the best
practices developed under subsection (a), to fund adult day
programs serving younger people with neurological diseases or
conditions.
(2) Eligible entities.--In order to be eligible for a grant
under this subsection, an entity shall demonstrate the
following:
(A) Understanding of the special needs of younger
people living with neurological diseases or conditions
such as multiple sclerosis, Parkinson's disease,
traumatic brain injury, or other similar diseases or
conditions, including their functional abilities and
the potential complications across all types of cases
and stages of such diseases or conditions.
(B) Understanding of the issues experienced by
family caregivers who assist a family member with
neurological diseases or conditions such as multiple
sclerosis, Parkinson's disease, traumatic brain injury,
or other similar diseases or conditions.
(C) A capacity to provide the services recommended
by the best practices developed under subsection (a).
(3) Additional selection requirement.--The Assistant
Secretary for Aging shall not award a grant to an entity under
this subsection if the amount of the award would constitute
more than 40 percent of the operating budget of the entity in
the fiscal year for which funds for the grant are authorized to
be expended. For purposes of this subsection, the fair market
value of annual in-kind contributions of equipment or services
shall be considered as part of the operating budget of the
entity.
(4) Selection of grant recipients.--Not later than 90 days
after establishing the grant program under this subsection, the
Assistant Secretary for Aging shall award the first annual
series of grants under the program. In awarding grants under
this subsection, the Assistant Secretary should ensure, to the
extent practicable, a diverse geographic representation among
grant recipients and that, subject to the availability of
appropriations--
(A) a minimum of 5 entities are selected as grant
recipients for the first fiscal year for which such
grants are awarded;
(B) a minimum of 10 entities are selected as grant
recipients for the second such fiscal year;
(C) a minimum of 12 entities are selected as grant
recipients for the third such fiscal year; and
(D) a minimum of 15 entities are selected as grant
recipients for the fourth such fiscal year.
(5) Report.--No later than 1 year after the initial award
of grants under this subsection, and annually thereafter, the
Assistant Secretary for Aging shall produce and make publicly
available a brief summary report on the grant program under
this section. Each such report shall include the following:
(A) A description of the adult day programs
receiving funding under this section, including the
amount of Federal funding awarded and the expected
outcomes of each program.
(B) A description of performance goals and
indicators to monitor the progress of grant recipients
in--
(i) responding to the needs of younger
individuals living with neurological diseases
or conditions such as multiple sclerosis,
Parkinson's disease, traumatic brain injury, or
other similar diseases or conditions; and
(ii) assisting the family caregivers of
such individuals.
(C) Any plans for improving oversight and
management of the grant program.
(c) Definitions.--In this Act:
(1) The term ``adult day program'' means a program that
provides comprehensive and effective care and support services
to individuals living with neurological diseases or conditions
such as multiple sclerosis, Parkinson's disease, traumatic
brain injury, or other similar diseases or conditions that may
result in a functional or degenerative disability and to their
family caregivers and that may assist participants in ways
that--
(A) maintain or improve their functional abilities,
or otherwise help them adjust to their changing
functional abilities;
(B) prevent the onset of complications associated
with severe forms of the disease or condition;
(C) promote alternatives to placement in nursing
homes;
(D) reduce the strain on family caregivers taking
care of a family member living with such diseases or
conditions;
(E) focus on supporting the emotional, social, and
intellectual needs of a younger adult population; or
(F) address the needs of veterans living with such
diseases or conditions.
(2) The term ``family caregiver'' means a family member or
foster parent who provides unpaid assistance (which may include
in-home monitoring, management, supervision, care and
treatment, or other similar assistance) to another adult family
member with a special need.
(d) Authorization of Appropriations.--To carry out this section, in
addition to amounts otherwise made available for such purpose, there
are authorized to be appropriated, and to remain available until
expended, the following:
(1) $1,000,000 for fiscal year 2017.
(2) $3,000,000 for fiscal year 2018.
(3) $6,000,000 for fiscal year 2019.
(4) $8,000,000 for fiscal year 2020.
(5) $10,000,000 for fiscal year 2021.
|
Adult Day Center Enhancement Act This bill requires the Administration on Aging (AOA) to initiate a comprehensive survey of current adult day programs that provide care and support to individuals with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. The AOA must identify ongoing successful adult day programs and which of these serve young adults with neurological conditions and develop best practices to guide the establishment of additional successful adult day programs. The AOA must award grants for adult day programs that serve younger people with neurological conditions. An "adult day program" is defined as a program that provides comprehensive care and support services to individuals with neurological conditions and to their family caregivers and that may assist participants in ways that: maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; prevent the onset of complications associated with severe forms of the condition; promote alternatives to placement in nursing homes; reduce the strain on family caregivers of individuals with neurological conditions; focus on supporting the emotional, social, and intellectual needs of a younger adult population; or address the needs of veterans with neurological conditions.
|
{"src": "billsum_train", "title": "Adult Day Center Enhancement Act"}
| 2,465 | 237 | 0.482803 | 1.426552 | 0.843315 | 4.62212 | 11.396313 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Talent Act of 2001''.
SEC. 2. FINDINGS; DEFINITIONS.
(a) Findings.--Congress makes the following findings with respect
to the value of the technically trained workforce to the United States:
(1) Studies show that about half of all United States post-
World War II economic growth is a direct result of
technological innovation, and science, engineering, and
technology play a central role in the creation of new goods and
services, new jobs, and new capital.
(2) The growth in the number of jobs requiring technical
skills is projected to be more than 50 percent over the next
decade.
(3) A workforce that is highly trained in science,
mathematics, engineering, and technology is crucial to
generating the innovation that drives economic growth.
(4) Outside of the biomedical sciences, the number of
undergraduate degrees awarded in the science, mathematics,
engineering, and technology disciplines has been flat or
declining since 1987, despite rapid population growth and a
significant increase in undergraduate enrollment over the same
period.
(5) The demand for H-1B visas has increased over the past
several years, suggesting that the United States is not
training a sufficient number of scientists and engineers.
(6) In international comparisons of 24-year olds, there
have been shown to be fewer holders of natural science and
engineering degrees in the United States than in Japan, South
Korea, Taiwan, the United Kingdom, and Canada.
(7) Technological and scientific advancements hold
significant potential for elevating the quality of life and the
standard of living in the United States. The quality and
quantity of such advancements are dependent on a technically
trained workforce.
(8) Arresting the trends in reduced numbers of science and
engineering graduates is not only imperative to maintaining our
Nation's prosperity, it is also important for our national
security.
(b) Definitions.--In this Act:
(1) Community college.--The term ``community college''
means an institution of higher education that provides not less
than a 2-year program that is acceptable for full credit toward
a bachelor's degree, including institutions receiving
assistance under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.
(a) In General.--The Director is authorized to award grants, on a
competitive basis to institutions of higher education with science,
mathematics, engineering, or technology programs to enable the
institutions to increase the number of students studying and receiving
associates or bachelor's degrees in established or emerging fields
within science, mathematics, engineering, and technology.
(b) Requirements.--
(1) Number.--The Director shall award not fewer than 10
grants under this Act each year contingent upon available
funds.
(2) Duration.--Grants under this Act shall be awarded for a
period of 3 years, with the final year of funding contingent
upon the Director's determination that satisfactory progress
has been made by the institution or community college during
the first 2 years of the grant period.
(3) Principal Investigator.--At least 1 principal
investigator must be in a position of administrative leadership
at the institution of higher education. Multiple principal
investigators shall be permitted.
(4) Subsequent grants.--Institutions of higher education
that have received grants under this Act shall be eligible to
compete for subsequent grants to enable the institutions to
continue making progress toward program goals after the initial
grant period ends. In reviewing the grant application from such
an institution, the Director is encouraged to consider--
(A) the progress the institution has made, using
grant funds received under this Act, toward achieving
program goals; and
(B) whether the successive grant application of the
institution includes a novel strategy for achieving
subsequent goals.
(5) Increases.--
(A) Institutions of higher education with
bachelor's degree programs.--An institution of higher
education that awards bachelor's degrees and desires to
receive a grant under this Act shall propose specific
increases in the number of students who are United
States citizens or permanent resident aliens, obtaining
bachelor's degrees at the institution in established or
emerging fields within science, mathematics,
engineering, or technology.
(B) Community colleges.--A community college that
desires to receive a grant under this Act shall propose
specific increases in the number of students who are
United States citizens or permanent resident aliens,
obtaining associate degrees in established or emerging
fields within science, mathematics, engineering, or
technology, and are encouraged to facilitate the
enrollment of such students in bachelor's degree
programs.
(6) Peer review of applications.--The Director shall review
grant applications under this Act on the basis of a peer review
process.
(7) Priority.--The Director is encouraged to give priority
in awarding grants to institutions of higher education that
enable such institutions to carry out programs--
(A) that increase the number of students studying
and receiving associates and bachelor's degrees in
established or emerging fields within science,
mathematics, engineering, or technology where there is
a specific industry need or where the number of
graduates has been flat or declining in recent years;
and
(B) that draw on previous and existing efforts with
demonstrated success in improving undergraduate
learning and teaching, including those efforts funded
by Federal grants from the National Science Foundation
or other agencies.
(8) National science foundation science and engineering
talent expansion center.--An institution of higher education
that is awarded a grant under this Act shall be known as a
``National Science Foundation Science and Engineering Talent
Expansion Center''.
SEC. 4. POLICY ELEMENTS.
In soliciting and evaluating grant applications from institutions
of higher education under this Act, the Director shall consider
supporting--
(1) programs that specifically aim to increase the number
of traditionally underrepresented students (low-income, ethnic
minorities, and women) in science, mathematics, engineering, or
technology, such as mentoring programs;
(2) programs that expand the capacity of institutions of
higher education to incorporate current advances in science and
technology into the undergraduate learning environment;
(3) bridge programs that enable additional preparation for
students otherwise not fully prepared to succeed in the study
and practice of science, mathematics, engineering, and
technology, including programs targeted at traditionally
underrepresented groups in such disciplines;
(4) programs including interdisciplinary approaches to
undergraduate science, mathematics, engineering, and technology
education;
(5) programs that focus directly on the quality of student
learning, including those that encourage--
(A) high-caliber teaching, including enabling
faculty to spend additional time teaching participating
students in smaller class settings, particularly in the
laboratory environment, by, for example, providing
summer salary or other additional salary for faculty
members or stipends for students;
(B) opportunities to develop new pedagogical
approaches including the development of web-based
course strategies, distributed and collaborative
digital teaching tools, or interactive course modules;
and
(C) screening and training of teaching assistants;
(6) programs that--
(A) facilitate student exposure to potential
careers, including cooperative programs with industry
or government that place students in internships as
early as the summer following their first year of
study;
(B) provide part-time employment in industry during
the school year; or
(C) provide opportunities for undergraduates to
participate in industry or government sponsored
research;
(7) programs that assist institutions of higher education
in States that participate in the Experimental Program to
Stimulate Competitive Research (EPSCoR) to broaden the science,
engineering, mathematics, and technology student base or
increase retention in these fields;
(8) programs to encourage undergraduate research on- or
off-campus;
(9) programs that provide financial incentives to students
entering and persisting in the study of science, mathematics,
engineering, or technology;
(10) programs that leverage the Federal investment by
providing matching funds from industry, from State or local
government sources, or from private sources; and
(11) other innovative approaches to achieving program
goals.
SEC. 5. EVALUATION AND DISSEMINATION OF INFORMATION.
(a) Evaluation.--The Director, in consultation with the advisory
committee established under section 7--
(1) shall evaluate, at least once each year, the progress
of institutions of higher education that are assisted under
this Act in achieving the goal of increasing the number of
students obtaining degrees in science, mathematics,
engineering, or technology; and
(2) shall award at least 1 grant or contract to an
independent evaluative organization to develop metrics and
evaluate the program approaches assisted under this Act that
are most effective, including those most cost-effective, in
increasing the number of students obtaining degrees in such
disciplines.
(b) Dissemination of Information.--The Director, at least once each
year, shall disseminate information on the activities and the results
of the program assisted under this Act to participating institutions of
higher education and other interested institutions of higher education.
SEC. 6. REPORTS.
(a) List.--Not later than 90 days after the date of enactment of
this Act, the Director shall develop, and disseminate to institutions
of higher education, a list of examples of existing institutional and
government efforts relevant to the program assisted under this Act.
(b) Interim Progress Report.--At the end of the second year of the
program assisted under this Act, the Director shall submit to Congress
an interim progress report that includes an evaluation of programmatic
features assisted under this Act that are most effective in increasing
the number of students studying science, mathematics, engineering, or
technology.
(c) Final Report.--The Director shall submit to Congress a final
report in 2007 regarding activities assisted under this Act,
including--
(1) an evaluation of the features described in subsection
(b);
(2) the number of degrees granted to students under this
Act; and
(3) information on the number of graduates assisted under
this Act who elected to pursue graduate degrees, and other
career paths taken by individuals assisted under this Act.
SEC. 7. ADVISORY COMMITTEE.
The Director shall establish an advisory committee, that includes
significant representation from industry and academic leaders, for the
grant program assisted under this Act. The advisory committee shall--
(1) assist the Director in securing active industry, and
State and local government, participation in the program
assisted under this Act;
(2) recommend to the Director new innovative approaches to
furthering the mission of the program; and
(3) critique and advise the Director regarding program
metrics, implementation and performance of the program, and
program progress reports.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS; FUNDING
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the National Science Foundation to carry out this Act--
(1) $25,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each subsequent
fiscal year.
(b) Funding.--In addition to any other purposes for which such
funds are available, any funds made available to the Director under
section 286(s) of the Immigration and Nationality Act (8 U.S.C.
1356(s)) shall be available to carry out this Act.
|
Technology Talent Act of 2001 - Authorizes the Director of the National Science Foundation to award competitive grants to institutions of higher education to increase the number of students studying and receiving associate's or bachelor's degrees in established or emerging fields within science, mathematics, engineering, and technology. Provides that an institution receiving such a grant shall be known as a National Science Foundation Science and Engineering Talent Expansion Center.
|
{"src": "billsum_train", "title": "A bill to provide for increasing the technically trained workforce in the United States."}
| 2,422 | 87 | 0.464563 | 1.171909 | 0.857331 | 5.960526 | 31.368421 | 0.986842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing and Reinvesting in Early
Education Act of 2012'' or ``PRE ED Act of 2012''.
SEC. 2. EXPANDING FFEL LOAN FORGIVENESS PROGRAM TO EARLY CHILDHOOD
EDUCATORS.
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-
10) is amended--
(1) in the section heading, by inserting ``early childhood
educators and elementary and secondary school'' before
``teachers'';
(2) by striking subsection (b) and inserting the following:
``(b) Program Authorized.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to repay a
qualified loan amount for a loan made under section 428 or 428H, in
accordance with subsection (c), for any borrower who--
``(1)(A) is a new borrower on or after October 1, 1998, and
has been employed as a full-time teacher for 5 consecutive
complete school years--
``(i) in a school or location that qualifies under
section 465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such schools or locations;
and
``(ii) if employed as an elementary school or
secondary school teacher, is highly qualified as
defined in section 9101 of the Elementary Secondary
Education Act of 1965, or meets the requirements of
subsection (g)(3); or
``(B)(i) has been employed as a full-time early childhood
educator at an early childhood program for 5 consecutive
complete school years or a comparable period, as determined by
the Secretary; and
``(ii) obtained an associate degree or baccalaureate degree
in early childhood education from an institution of higher
education prior to the beginning of the period described in
clause (i); and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.'';
(3) by striking paragraph (1) of subsection (c) and
inserting the following:
``(1) In general.--
``(A) Aggregate amounts.--Of the loan obligation on
a loan made under section 428 or 428H that is
outstanding after the completion of the fifth complete
school year of teaching described in subsection (b)(1)
or comparable period (in accordance with subsection
(b)(1)(B)(i)), the Secretary shall repay not more
than--
``(i) $5,000 in the aggregate for a
borrower described in subsection (b)(1)(A),
except as provided in paragraph (3); and
``(ii) $25,000 in the aggregate for a
borrower described in subsection (b)(1)(B).
``(B) Interaction with direct loan program.--No
borrower may receive a reduction of loan obligations
under both this section and section 460.''; and
(4) in subsection (g)--
(A) in paragraph (1)(A), by striking ``(b)(1)(A)''
and inserting ``(b)(1)(A)(i)''; and
(B) in paragraph (3), by striking ``(b)(1)(B)'' and
inserting ``(b)(1)(A)(ii)''.
SEC. 3. EXPANDING FEDERAL DIRECT LOAN CANCELLATION PROGRAM TO EARLY
CHILDHOOD EDUCATORS.
Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j)
is amended--
(1) in the section heading, by inserting ``early childhood
educators and elementary and secondary school'' before
``teachers'';
(2) by striking subsection (b) and inserting the following:
``(b) Program Authorized.--The Secretary shall carry out a program
of canceling the obligation to repay a qualified loan amount in
accordance with subsection (c) for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made under this part for any
borrower who--
``(1)(A) is a new borrower on or after October 1, 1998 and
has been employed as a full-time teacher for 5 consecutive
complete school years--
``(i) in a school or location that qualifies under
section 465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such schools or locations;
and
``(ii) if employed as an elementary school or
secondary school teacher, is highly qualified as
defined in section 9101 of the Elementary Secondary
Education Act of 1965, or meets the requirements of
subsection (g)(3); or
``(B)(i) has been employed as a full-time early childhood
educator at an early childhood program for 5 consecutive
complete school years or a comparable period, as determined by
the Secretary; and
``(ii) obtained an associate degree or baccalaureate degree
in early childhood education from an institution of higher
education prior to the beginning of the period described in
clause (i); and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.'';
(3) by striking paragraph (1) of subsection (c) and
inserting the following:
``(1) In general.--
``(A) Aggregate amounts.--Of the loan obligation on
a Federal Direct Stafford Loan or a Federal Direct
Unsubsidized Stafford Loan that is outstanding after
the completion of the fifth complete school year of
teaching described in subsection (b)(1) or comparable
period (in accordance with subsection (b)(1)(B)(i)),
the Secretary shall cancel not more than--
``(i) $5,000 in the aggregate for a
borrower described in subsection (b)(1)(A),
except as provided in paragraph (3); and
``(ii) $25,000 in the aggregate for a
borrower described in subsection (b)(1)(B).
``(B) Interaction with ffel program.--No borrower
may receive a reduction of loan obligations under both
this section and section 428J.''; and
(4) in subsection (g)--
(A) in paragraph (1)(A), by striking ``(b)(1)(A)''
and inserting ``(b)(1)(A)(i)''; and
(B) in paragraph (3), by striking ``(b)(1)(B)'' and
inserting ``(b)(1)(A)(ii)''.
SEC. 4. AMENDMENT TO LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL
NEED PROGRAM.
Section 428K(g)(3)(C) of the Higher Education Act of 1965 (20
U.S.C. 1078-11(g)(3)(C)) is amended by inserting ``an associate degree
in early childhood education or'' before ``a baccalaureate''.
|
Preparing and Reinvesting in Early Education Act of 2012 or PRE ED Act of 2012 - Amends the Higher Education Act of 1965 to include early childhood educators in the Federal Family Education Loan (FFEL) and Direct Loan (DL) forgiveness programs for teachers.
Makes early childhood educators eligible for FFEL or DL forgiveness if they are not in default on the loan being forgiven and have: (1) been employed as a full-time early childhood educator for five consecutive complete school years or a comparable period, as determined by the Secretary of Education; and (2) obtained an associate or baccalaureate degree in early childhood education prior to that period of service.
Caps at $25,000 the amount of an early childhood educator's FFEL or DL that may be forgiven.
Includes early childhood educators with associate degrees in early childhood development, early child education, or a related field in the program providing FFEL forgiveness for service in areas of national need. (Currently, early childhood educators are required to have completed a baccalaureate or advanced degree in such a field to qualify for participation in that program.)
|
{"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to provide for loan forgiveness for early childhood educators, and for other purposes."}
| 1,555 | 243 | 0.630911 | 1.836296 | 0.850688 | 2.772512 | 6.260664 | 0.838863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancement in Pediatric Autism
Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Infantile autism and autism spectrum disorders are
biologically-based neurodevelopmental diseases that cause
severe impairments in language and communication and generally
manifest in young children sometime during the first two years
of life.
(2) Best estimates indicate that 1 in 500 children born
today will be diagnosed with an autism spectrum disorder and
that 400,000 Americans have autism or an autism spectrum
disorder.
(3) Three quarters of those with infantile autism spend
their adult lives in institutions or group homes, and usually
enter institutions by the age of 13.
(4) The cost of caring for individuals with autism and
autism spectrum disorder is great, and is estimated to be $13.3
billion per year solely for direct costs.
(5) The rapid advancements in biomedical science suggest
that effective treatments and a cure for autism are attainable
if--
(A) there is appropriate coordination of the
efforts of the various agencies of the Federal
Government involved in biomedical research on autism
and autism spectrum disorders;
(B) there is an increased understanding of autism
and autism spectrum disorders by the scientific and
medical communities involved in autism research and
treatment; and
(C) sufficient funds are allocated to research.
(6) Specifically, more knowledge is needed concerning--
(A) the underlying causes of autism and autism
spectrum disorders, how to treat the underlying
abnormality or abnormalities causing the severe
symptoms of autism, and how to prevent these
abnormalities from occurring in the future;
(B) the epidemiology of, and the identification of
risk factors for, infantile autism and autism spectrum
disorders;
(C) the development of methods for early medical
diagnosis and functional assessment of individuals with
autism and autism spectrum disorders, including
identification and assessment of the subtypes within
the autism spectrum disorders, for the purpose of
monitoring the course of the disease and developing
medically sound strategies for improving the outcomes
of such individuals;
(D) existing biomedical and diagnostic data that
are relevant to autism and autism spectrum disorders
for dissemination to medical personnel, particularly
pediatricians, to aid in the early diagnosis and
treatment of this disease; and
(E) the costs incurred in educating and caring for
individuals with autism and autism spectrum disorders.
(7) In 1998, the National Institutes of Health announced a
program of research on autism and autism spectrum disorders. A
sufficient level of funding should be made available for
carrying out the program.
SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON
AUTISM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following section:
``autism
``Sec. 409C. (a) In General.--
``(1) Expansion of activities.--The Director of NIH (in
this section referred to as the `Director') shall expand,
intensify, and coordinate the activities of the National
Institutes of Health with respect to research on autism.
``(2) Administration of program; collaboration among
agencies.--The Director shall carry out this section acting
through the Director of the National Institute of Mental Health
and in collaboration with the Director of the National
Institute of Child Health and Human Development, the Director
of the National Institute of Neurological Disorders and Stroke,
and the Director of the National Institute on Deafness and
Other Communication Disorders.
``(3) Autism coordinating committee.--The Director shall
ensure that--
``(A) there is in operation at the National
Institutes of Health a committee to coordinate, with
respect to research on autism, the activities of the
national research institutes specified in paragraph
(2); and
``(B) the coordinating committee is composed of the
directors of such national research institutes and such
other officials of the National Institutes of Health as
the Director determines to be appropriate.
``(b) Centers of Excellence.--
``(1) In general.--The Director shall under subsection
(a)(1) make awards of grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding research
on autism.
``(2) Research, training, and information and education.--
Each center under paragraph (1) shall conduct--
``(A) basic and clinical research into the cause,
diagnosis, early detection, prevention, control, and
treatment of autism, including research in the fields
of developmental neurobiology, genetics, and
psychopharmacology;
``(B) training programs for physicians, scientists,
and other health and allied health professionals; and
``(C) information and continuing education programs
for physicians and other health and allied health
professionals who provide care for patients with
autism.
``(3) Services for patients.--A center under paragraph (1)
may expend amounts provided under such paragraph to carry out a
program to make individuals aware of opportunities to
participate as subjects in research conducted by the centers.
The program may provide fees to such subjects. The program may,
in accordance with such criteria as the Director may establish,
provide to such subjects health care, referrals for health and
other services, and such incidental services as will facilitate
the participation of individuals as such subjects.
``(4) Stipends for training of health professionals.--A
center under paragraph (1) may expend amounts provided under
such paragraph to provide stipends for health professionals
enrolled in training programs under paragraph (2)(B).
``(5) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers under paragraph (1) and ensure
regular communication between such centers, and may require the
periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director and
the coordinating committee under subsection (a)(3).
``(6) Organization of centers.--Each center under paragraph
(1) shall use the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting
such requirements as may be prescribed by the Director.
``(7) Number of centers; duration of support.--The Director
shall, subject to the extent of amounts made available in
appropriations Acts, provide for the establishment of not less
than five centers under paragraph (1). Support of such a center
may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5
years if the operations of such center have been reviewed by an
appropriate technical and scientific peer review group
established by the Director and if such group has recommended
to the Director that such period should be extended.
``(c) Information and Education.--The Director shall under
subsection (a)(1) carry out a program to provide information and
education on autism to health professionals and the general public,
including information and education on advances in the diagnosis and
treatment of autism.
``(d) Facilitation of Research.--The Director shall under
subsection (a)(1) provide by contract for a program under which samples
of tissues and genetic materials that are of use in research on autism
are donated, collected, preserved, and made available for such
research. The program shall be carried out in accordance with accepted
scientific and medical standards for the donation, collection, and
preservation of such samples.
``(e) Public Input.--The Director shall under subsection (a)(1)
provide for means through which the public can obtain information on
the existing and planned programs and activities of the National
Institutes of Health with respect to autism and through which the
Director can receive comments from the public regarding such programs
and activities.
``(f) Autism Spectrum Disorders.--For purposes of this section, the
term `autism' includes autism spectrum disorders to the extent
determined by the Director to be appropriate.
``(g) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $40,000,000 for fiscal year 1999, and such sums as
may be necessary for each of the fiscal years 2000 through
2003. Such authorizations of appropriations are in addition to
any other authorization of appropriations that is available for
such purpose.
``(2) Allocations.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Director shall make
available not less than 75 percent for carrying out subsection
(b), not less than 6 percent for carrying out subsection (c),
and not less than 4 percent for carrying out subsection (d).''.
|
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
|
{"src": "billsum_train", "title": "Advancement in Pediatric Autism Research Act"}
| 1,867 | 109 | 0.490234 | 1.25153 | 0.471203 | 2.96875 | 19.010417 | 0.927083 |
SECTION 1. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER SERVING
INSTITUTIONS.
(a) Amendment.--Part A of title III of the Higher Education Act of
1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the
following new section:
``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER SERVING INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Asian American and Pacific Islander-serving
institutions to enable such institutions to improve and expand their
capacity to serve Asian Americans and Pacific Islanders.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Asian American' has the meaning given the
term Asian in the Office of Management and Budget's Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity as published on October 30, 1997 (62 Fed.
Reg. 58789);
``(2) the term `Pacific Islander' has the meaning given the
term `Native Hawaiian' or `Other Pacific Islander' in such
Standards for Maintaining, Collecting, and Presenting Federal
Data on Race and Ethnicity;
``(3) the term `Asian American and Pacific Islander-serving
institution' means an institution of higher education that--
``(A) is an eligible institution under section
312(b); and
``(B) at the time of application, has an enrollment
of undergraduate students that is at least 10 percent
Asian American and Pacific Islander students; and
``(4) the term `low-income individual' means an individual
from a family whose taxable income for the preceding year did
not exceed 150 percent of an amount equal to the poverty level
determined by using criteria of poverty established by the
Bureau of the Census.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Asian American and Pacific
Islander-serving institutions to assist such institutions to
plan, develop, undertake, and carry out activities to improve
and expand such institutions' capacity to serve Asian Americans
and Pacific Islanders.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist in
attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) joint use of facilities such as laboratories
and libraries;
``(H) academic tutoring and counseling programs and
student support services;
``(I) establishing community outreach programs that
will encourage elementary school and secondary school
students to develop the academic skills and the
interest to pursue post-secondary education;
``(J) establishing or improving an endowment fund;
``(K) academic instruction in disciplines in which
Asian Americans and Pacific Islanders are under-
represented;
``(L) conducting research and data collection for
Asian American and Pacific Islander populations and
sub-populations; and
``(M) establishing partnerships with community
based organizations serving Asian Americans and Pacific
Islanders.
``(d) Application Process.--
``(1) Institutional eligibility.--Each Asian American and
Pacific Islander-serving institution desiring to receive
assistance under this section shall submit to the Secretary
such enrollment data as may be necessary to demonstrate that
the institution is an Asian American and Pacific Islander-
serving institution as defined in subsection (b), along with
such other information and data as the Secretary may by
regulation require.
``(2) Applications.--Any institution which is determined by
the Secretary to be an Asian American and Pacific Islander-
serving institution may submit an application for assistance
under this section to the Secretary. Such application shall
include--
``(A) a 5-year plan for improving the assistance
provided by the Asian American and Pacific Islander-
serving institution to Asian American and Pacific
Islander students; and
``(B) such other information and assurance as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Asian American and Pacific
Islander-serving institution that receives funds under
this section shall concurrently receive funds under
other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall--
``(i) to the extent possible and consistent
with the competitive process under which such
grants are awarded, ensure maximum and
equitable distribution among all eligible
institutions; and
``(ii) give priority consideration to
institutions that serve a significant
percentage of Asian American and Pacific
Islander students who are low-income
individuals.''.
(b) Authorization of Appropriations.--Section 399(a)(1) of such Act
(20 U.S.C. 1068h(a)(1)) is amended by adding at the end the following
new subparagraph:
``(D) There are authorized to be appropriated to carry out
section 318, $30,000,000 for fiscal year 2003 and such sums as
may be necessary for each of the 4 succeeding fiscal years.''.
|
Amends the Higher Education Act of 1965 title III part A (Strengthening Institutions) to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education for activities to improve their capacity to serve students who are Asian Americans and Pacific Islanders. Gives priority to eligible institutions with a significant percentage of enrollment made up of such students who are low-income individuals.
|
{"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to authorize grants for institutions of higher education serving Asian Americans and Pacific Islanders."}
| 1,265 | 84 | 0.584594 | 1.433351 | 0.795761 | 2.69863 | 16.054795 | 0.917808 |
SECTION 1. SAFE HARBORS TO ANTIKICKBACK CIVIL PENALTIES AND CRIMINAL
PENALTIES FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY
AND TRAINING SERVICES.
(a) For Civil Penalties.--Section 1128A of the Social Security Act
(42 U.S.C. 1320a-7a) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) For purposes of this subsection, inducements to
reduce or limit services described in paragraph (1) shall not
include the practical or other advantages resulting from health
information technology or related installation, maintenance,
support, or training services.''; and
(2) in subsection (i), by adding at the end the following
new paragraph:
``(8) The term `health information technology' means
hardware, software, license, right, intellectual property,
equipment, or other information technology (including new
versions, upgrades, and connectivity) designed or provided
primarily for the electronic creation, maintenance, or exchange
of health information to better coordinate care or improve
health care quality, efficiency, or research.''.
(b) For Criminal Penalties.--Section 1128B of such Act (42 U.S.C.
1320a-7b) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in the subparagraph (H) added by section 237(d)
of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2213)--
(i) by moving such subparagraph 2 ems to
the left; and
(ii) by striking the period at the end and
inserting a semicolon;
(C) in the subparagraph (H) added by section 431(a)
of such Act (117 Stat. 2287)--
(i) by redesignating such subparagraph as
subparagraph (I);
(ii) by moving such subparagraph 2 ems to
the left; and
(iii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(J) any nonmonetary remuneration (in the form of
health information technology, as defined in section
1128A(i)(8), or related installation, maintenance,
support, or training services) made to a person by a
specified entity (as defined in subsection (g)) if--
``(i) the provision of such remuneration is
without an agreement between the parties or
legal condition that--
``(I) limits or restricts the use
of the health information technology to
services provided by the physician to
individuals receiving services at the
specified entity;
``(II) limits or restricts the use
of the health information technology in
conjunction with other health
information technology; or
``(III) conditions the provision of
such remuneration on the referral of
patients or business to the specified
entity;
``(ii) such remuneration is arranged for in
a written agreement that is signed by the
parties involved (or their representatives) and
that specifies the remuneration solicited or
received (or offered or paid) and states that
the provision of such remuneration is made for
the primary purpose of better coordination of
care or improvement of health quality,
efficiency, or research; and
``(iii) the specified entity providing the
remuneration (or a representative of such
entity) has not taken any action to disable any
basic feature of any hardware or software
component of such remuneration that would
permit interoperability.''; and
(2) by adding at the end the following new subsection:
``(g) Specified Entity Defined.--For purposes of subsection
(b)(3)(J), the term `specified entity' means an entity that is a
hospital, group practice, prescription drug plan sponsor, a Medicare
Advantage organization, or any other such entity specified by the
Secretary, considering the goals and objectives of this section, as
well as the goals to better coordinate the delivery of health care and
to promote the adoption and use of health information technology.''.
(c) Effective Date and Effect on State Laws.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 120 days after
the date of the enactment of this Act.
(2) Preemption of state laws.--No State (as defined in
section 1101(a) of the Social Security Act (42 U.S.C. 1301(a))
for purposes of title XI of such Act) shall have in effect a
State law that imposes a criminal or civil penalty for a
transaction described in section 1128A(b)(4) or section
1128B(b)(3)(J) of such Act, as added by subsections (a)(1) and
(b), respectively, if the conditions described in the
respective provision, with respect to such transaction, are
met.
(d) Study and Report To Assess Effect of Safe Harbors on Health
System.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study to determine the impact of each of the
safe harbors described in paragraph (3). In particular, the
study shall examine the following:
(A) The effectiveness of each safe harbor in
increasing the adoption of health information
technology.
(B) The types of health information technology
provided under each safe harbor.
(C) The extent to which the financial or other
business relationships between providers under each
safe harbor have changed as a result of the safe harbor
in a way that adversely affects or benefits the health
care system or choices available to consumers.
(D) The impact of the adoption of health
information technology on health care quality, cost,
and access under each safe harbor.
(2) Report.--Not later than three years after the effective
date described in subsection (c)(1), the Secretary of Health
and Human Services shall submit to Congress a report on the
study under paragraph (1).
(3) Safe harbors described.--For purposes of paragraphs (1)
and (2), the safe harbors described in this paragraph are--
(A) the safe harbor under section 1128A(b)(4) of
such Act (42 U.S.C. 1320a-7a(b)(4)), as added by
subsection (a)(1); and
(B) the safe harbor under section 1128B(b)(3)(J) of
such Act (42 U.S.C. 1320a-7b(b)(3)(J)), as added by
subsection (b).
SEC. 2. EXCEPTION TO LIMITATION ON CERTAIN PHYSICIAN REFERRALS (UNDER
STARK) FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND
TRAINING SERVICES TO HEALTH CARE PROFESSIONALS.
(a) In General.--Section 1877(b) of the Social Security Act (42
U.S.C. 1395nn(b)) is amended by adding at the end the following new
paragraph:
``(6) Information technology and training services.--
``(A) In general.--Any nonmonetary remuneration (in
the form of health information technology or related
installation, maintenance, support or training
services) made by a specified entity to a physician
if--
``(i) the provision of such remuneration is
without an agreement between the parties or
legal condition that--
``(I) limits or restricts the use
of the health information technology to
services provided by the physician to
individuals receiving services at the
specified entity;
``(II) limits or restricts the use
of the health information technology in
conjunction with other health
information technology; or
``(III) conditions the provision of
such remuneration on the referral of
patients or business to the specified
entity;
``(ii) such remuneration is arranged for in
a written agreement that is signed by the
parties involved (or their representatives) and
that specifies the remuneration made and states
that the provision of such remuneration is made
for the primary purpose of better coordination
of care or improvement of health quality,
efficiency, or research; and
``(iii) the specified entity (or a
representative of such entity) has not taken
any action to disable any basic feature of any
hardware or software component of such
remuneration that would permit
interoperability.
``(B) Health information technology defined.--For
purposes of this paragraph, the term `health
information technology' means hardware, software,
license, right, intellectual property, equipment, or
other information technology (including new versions,
upgrades, and connectivity) designed or provided
primarily for the electronic creation, maintenance, or
exchange of health information to better coordinate
care or improve health care quality, efficiency, or
research.
``(C) Specified entity defined.--For purposes of
this paragraph, the term `specified entity' means an
entity that is a hospital, group practice, prescription
drug plan sponsor, a Medicare Advantage organization,
or any other such entity specified by the Secretary,
considering the goals and objectives of this section,
as well as the goals to better coordinate the delivery
of health care and to promote the adoption and use of
health information technology.''.
(b) Effective Date; Effect on State Laws.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date that is 120 days after the date
of the enactment of this Act.
(2) Preemption of state laws.--No State (as defined in
section 1101(a) of the Social Security Act (42 U.S.C. 1301(a))
for purposes of title XI of such Act) shall have in effect a
State law that imposes a criminal or civil penalty for a
transaction described in section 1877(b)(6) of such Act, as
added by subsection (a), if the conditions described in such
section, with respect to such transaction, are met.
(c) Study and Report To Assess Effect of Exception on Health
System.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study to determine the impact of the exception
under section 1877(b)(6) of such Act (42 U.S.C. 1395nn(b)(6)),
as added by subsection (a). In particular, the study shall
examine the following:
(A) The effectiveness of the exception in
increasing the adoption of health information
technology.
(B) The types of health information technology
provided under the exception.
(C) The extent to which the financial or other
business relationships between providers under the
exception have changed as a result of the exception in
a way that adversely affects or benefits the health
care system or choices available to consumers.
(D) The impact of the adoption of health
information technology on health care quality, cost,
and access under the exception.
(2) Report.--Not later than three years after the effective
date described in subsection (b)(1), the Secretary of Health
and Human Services shall submit to Congress a report on the
study under paragraph (1).
SEC. 3. RULES OF CONSTRUCTION REGARDING USE OF CONSORTIA.
(a) Application to Safe Harbor From Criminal Penalties.--Section
1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is
amended by adding after and below subparagraph (J), as added by section
1(b)(1), the following: ``For purposes of subparagraph (J), nothing in
such subparagraph shall be construed as preventing a specified entity,
consistent with the specific requirements of such subparagraph, from
forming a consortium composed of health care providers, payers,
employers, and other interested entities to collectively purchase and
donate health information technology, or from offering health care
providers a choice of health information technology products in order
to take into account the varying needs of such providers receiving such
products.''.
(b) Application to Stark Exception.--Paragraph (6) of section
1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)), as added by
section 2(a), is amended by adding at the end the following new
subparagraph:
``(D) Rule of construction.--For purposes of
subparagraph (A), nothing in such subparagraph shall be
construed as preventing a specified entity, consistent
with the specific requirements of such subparagraph,
from--
``(i) forming a consortium composed of
health care providers, payers, employers, and
other interested entities to collectively
purchase and donate health information
technology; or
``(ii) offering health care providers a
choice of health information technology
products in order to take into account the
varying needs of such providers receiving such
products.''.
|
Amends title XI of the Social Security Act to exclude (provide safe harbors for) the practical or other advantages resulting from health information technology or related installation, maintenance, support, or training services from the ban on hospital payments to physicians (kickbacks) to induce reduction or limitation of services, which are subject to antikickback civil penalties. Exempts related nonmonetary remunerations meeting specified requirements from criminal penalties.
Requires the Secretary of Health and Human Services (HHS) to assess and report to Congress on the effect of these safe harbors on the health system, especially the adoption of health information technology.
Amends SSA title XVIII (Medicare) to except from the limitation on certain physician referrals the provision of health information technology and training services to health care professionals.
Requires the Secretary to assess and report to Congress similarly on the impact of this exception on the health system, especially the adoption of health information technology.
|
{"src": "billsum_train", "title": "To amend titles XI and XVIII of the Social Security Act to promote the use of health information technology to better coordinate health care."}
| 2,889 | 208 | 0.527558 | 1.63458 | 0.756752 | 2.793103 | 14.689655 | 0.862069 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) preleasing, leasing, exploration, and development and
production of oil and gas from the outer Continental Shelf
without adequate scientific and environmental information does
not provide the level of protection needed for the conservation
of the natural resources of the Nation's coastal areas;
(2) the Secretary of the Interior, assigned the primary
responsibility for the proper stewardship of the Nation's
public lands and outer Continental Shelf, is required to
provide adequate environmental analysis under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and other Federal laws, before such lands are leased to
develop oil and gas resources; and
(3) to protect the marine, coastal, and human environments
of coastal States, the citizens of such States are entitled to
have an adequate body of scientific and environmental
information, with a minimal level of uncertainty, before such
leasing and development are carried out.
SEC. 2. AREAS COVERED.
The areas to which this Act applies are--
(1) that part of the Eastern Gulf of Mexico Planning Area
that is east of the lateral seaward boundary between the States
of Florida and Alabama;
(2) the Straits of Florida Planning Area; and
(3) that part of the South Atlantic Planning Area that is
south of the lateral seaward boundary between the States of
Florida and Georgia.
SEC. 3. RESTRICTIONS AND REQUIREMENTS.
(a) General Rule.--The Secretary shall not conduct any preleasing
activities, hold any lease sale, or approve or permit any exploration,
production, or drilling activities under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) in any area described in section 2
unless--
(1) all assessments, studies, and research required for
such area under section 4 have been completed;
(2) all such assessments, studies, and research have been
peer reviewed, by qualified scientists not employed by the
Federal Government, as provided for and supervised by the Joint
Task Force; and
(3) the Secretary has transmitted to the Congress and to
the Governor of Florida a report, which has been reviewed by
the Joint Task Force, certifying that the available physical
oceanographic, ecological, and socioeconomic information, and
other environmental, endangered and threatened species, and
marine mammal information, is adequate to enable the Secretary
to carry out his responsibilities in such area under the Outer
Continental Shelf Lands Act and other Federal laws, with a
minimal level of uncertainty, with respect to all preleasing
activities, leasing, and exploration, production, and drilling
activities.
(b) Specific Prohibition.--Notwithstanding subsection (a), the
Secretary shall not conduct any preleasing activity, hold any lease
sale, or approve or permit any exploration, production, or drilling
activities under the Outer Continental Shelf Lands Act in that part of
the Eastern Gulf of Mexico Planning Area that is south of 26 degrees
north latitude and east of 86 degrees west longitude.
(c) Additional Prohibition.--Notwithstanding subsection (a), the
Secretary shall not conduct any preleasing activity or hold any lease
sale in any area described in section 2 until after the expiration of
the period covered by the next oil and gas leasing program issued under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344)
after the leasing program in effect under such section as of the date
of enactment of this Act.
SEC. 4. ASSESSMENTS, STUDIES, AND RESEARCH.
The assessments, studies, and research referred to in section
3(a)(1) and (2) are as follows:
(1) Eastern gulf of mexico planning area.--With respect to
the area described in section 2(1):
(A) The Assessment of the Historical, Social, and
Economic Impacts of Outer Continental Shelf Development
on Gulf Coast Communities, to be conducted by the
Minerals Management Service.
(B) The Northeastern Gulf of Mexico Marine
Ecosystem Study, to be conducted by the National
Biological Survey.
(C) Any additional physical oceanographic studies
identified and recommended by the Northeast Gulf of
Mexico Physical Oceanography Workshop conducted by the
Minerals Management Service in conjunction with Florida
State University.
(D) Any additional studies or research in such area
needed to acquire information where one of the National
Research Council's reports found available information
inadequate.
(E) Any additional physical oceanographic,
ecological, or socioeconomic or other environmental
studies or endangered and threatened species and marine
mammal surveys requested by the Governor of Florida or
the Joint Task Force to minimize the uncertainty about
the effects of all preleasing activities, leasing, and
exploration, production, and drilling activities on the
marine environment, the coastal environment, and the
human environment of the State of Florida, including
any such request for the expansion of assessments,
studies, or research described in subparagraphs (A)
through (D).
(2) Straits of florida planning area.--With respect to the
area described in section 2(2):
(A) The Assessment of the Historical, Social, and
Economic Impacts of Outer Continental Shelf Development
on Gulf Coast Communities, to be conducted by the
Minerals Management Service.
(B) Any additional physical oceanographic,
ecological, or socioeconomic or other environmental
studies or endangered and threatened species and marine
mammal surveys requested by the Governor of Florida or
the Joint Task Force to minimize the uncertainty about
the effects of all preleasing activities, leasing, and
exploration, production, and drilling activities on the
marine environment, the coastal environment, and the
human environment of the State of Florida.
(3) South atlantic planning area.--With respect to the area
described in section 2(3), any physical oceanographic,
ecological, or socioeconomic or other environmental studies or
endangered and threatened species and marine mammal surveys
requested by the Governor of Florida or the Joint Task Force to
minimize the uncertainty about the effects of all preleasing
activities, leasing, and exploration, production, and drilling
activities on the marine environment, the coastal environment,
and the human environment of the State of Florida.
SEC. 5. JOINT TASK FORCE.
(a) Establishment.--There shall be established a Joint Federal-
State Outer Continental Shelf Task Force for the purpose of carrying
out the responsibilities assigned such Joint Task Force under this Act.
(b) Membership.--The Joint Task Force established under subsection
(a) shall consist of--
(1) one representative each from the Environmental
Protection Agency, the Minerals Management Service, the
National Oceanic and Atmospheric Administration, and the United
States Fish and Wildlife Service;
(2) four representatives from the State of Florida
appointed from a list provided by the Governor of such State;
and
(3) three members appointed by the Secretary of Commerce
from a list of individuals nominated by the National Academy of
Sciences who are professional scientists in the fields of
physical oceanography, marine ecology, and social science.
(c) Compensation.--(1) Members of the Joint Task Force appointed
under subsection (b)(3), while performing official duties under this
Act shall receive compensation for travel and transportation expenses
under section 5703 of title 5, United States Code.
(2) Members of the Joint Task Force appointed under subsection
(b)(3) may be compensated at a rate to be fixed by the Secretary of
Commerce, but not in excess of the maximum rate of pay for grade GS-18
provided in the General Schedule under section 5332 of title 5, United
States Code, for each day such member spends performing the duties of
the Joint Task Force.
SEC. 6. ENVIRONMENTAL IMPACT STATEMENTS.
Approval of the first exploration plan submitted after the date of
enactment of this Act under section 11 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1340) in each of the 3 areas described in section
2 (1), (2), and (3) shall be subject to the requirement of a detailed
statement submitted under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 7. EFFECT ON OTHER LAWS.
Nothing in this Act shall affect any prohibition in any other law
against any activities on the outer Continental Shelf.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $3,000,000
for each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 for
carrying out this Act.
SEC. 9. DEFINITIONS.
For the purposes of this Act--
(1) terms defined in the Outer Continental Shelf Lands Act
have the meaning given such terms in that Act;
(2) references to specific outer Continental Shelf planning
areas shall be to areas so designated in the Department of the
Interior Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program 1992-1997 Proposed Final,
dated April 1992;
(3) the term ``adequate'' means sufficiently complete to
enable necessary decisions to be made under the Outer
Continental Shelf Lands Act, and of sufficient scientific
quality to be repeatable, reliable, and valid in measurements
and analysis with appropriate methods and subject;
(4) the term ``Joint Task Force'' means the Joint Federal-
State Outer Continental Shelf Task Force established under
section 5;
(5) the term ``National Research Council's reports''
means--
(A) the report entitled ``The Adequacy of
Environmental Information for Outer Continental Shelf
Oil and Gas Decisions: Florida and California'' issued
in 1989 by the Council's Committee to Review the Outer
Continental Shelf Environmental Studies Program and
supported by the President's Outer Continental Shelf
Leasing and Development Task Force through Department
of the Interior Contract No. 1435000130495; and
(B) parts I, II, and III of the ``Assessment of the
U. S. Outer Continental Shelf Environmental Studies
Program'' issued in 1990 and 1992 by the committee
referred to in subparagraph (A), with support from
Department of the Interior Contract No. 14-12-001-
30342; and
(6) the term ``preleasing activities'' means activities
conducted before a lease sale is held, and includes the
scheduling of a lease, requests for industry interest, calls
for information and nominations, area identifications,
publication of draft or final environmental impact statements,
notices of sale, and any form of rotary drilling; but such term
does not include environmental, geologic, geophysical,
economic, engineering, or other scientific analyses, studies,
and evaluations.
|
Precludes the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement his or her Federal stewardship of the environment with a minimal level of uncertainty.
Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in the three above-mentioned Planning Areas for a specified period.
Mandates specified assessments and studies of the Areas addressed by this Act.
Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities.
Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Imposing certain restrictions and requirements on the leasing under the Outer Continental Shelf Lands Act of lands offshore Florida, and for other purposes."}
| 2,257 | 255 | 0.65216 | 2.014044 | 1.015233 | 3.320346 | 9.363636 | 0.887446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genomic Science and Technology
Innovation Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Genomic science promises a revolution in the
development of new and effective genomic technologies and other
innovations, and it is in the national interest to speed the
development and deployment of these new technologies through
policies that promote innovation in the field of genomic
science and technology.
(2) While Federal innovation policies can help stimulate
innovation by attracting capital investment to the development
of commercial products, such policies can also inhibit basic
research and hinder sharing of information that is the basis of
scientific progress, thereby slowing the innovation process.
(3) Intellectual property policies for genomic science and
technology products are being implemented without an adequate
understanding and consideration of the net impact of such
policies on the innovation process.
(4) Decisions about intellectual property policy being made
now are likely to have significant impacts on basic research
and the development of genomic technology for decades to come.
(5) The Office of Science and Technology Policy is uniquely
positioned to lead the development of a coordinated,
interagency policy to promote innovation in genomic science and
technology. A definitive study coordinated by the Office of
Science and Technology Policy that identifies the impacts of
Federal innovation policy on the innovation pipeline for
genomic technology and includes recommendations for policies,
including any statutory changes needed to optimize the genomic
technology innovation pipeline, would contribute significantly
to the development of the policy.
SEC. 3. STUDY.
(a) Requirement.--The Director of the Office of Science and
Technology Policy shall conduct, or may contract with the National
Academy of Sciences to conduct, a study that assesses the impact of
Federal policies, including intellectual property policies, on the
innovation process for genomic technologies.
(b) Consultation.--In conducting the study, the Director of the
Office of Science and Technology Policy shall consult with the National
Science and Technology Council, the National Science Foundation, the
Secretary of Energy, the Secretary of Commerce, the Secretary of Health
and Human Services, and other agencies or divisions of agencies the
Director considers appropriate.
(c) Advisory Committee.--In conducting the study, the Director of
the Office of Science and Technology Policy shall consult with an
advisory committee, organized as a subcommittee of the President's
Committee of Advisors on Science and Technology, that shall include
balanced membership from research universities and other nonprofit
research institutions, industry, economists, legal experts,
bioethicists, clinicians and clinical scientists, genetic
practitioners, and advocacy groups.
(d) Contents.--The study shall--
(1) identify and quantify, to extent possible, the actual
and reasonably expected effects of innovation policy on genomic
science and technology innovation;
(2) explicitly consider various alternative levels of
intellectual property protection genomic materials may receive
and the likely impact of the various levels of protection on
each element of the innovation pipeline, including--
(A) fundamental genomic research carried out at
universities and other nonprofit research institutions;
(B) commercial genomic research at universities,
nonprofit research institutions, and for-profit
institutions, including the expected effects on
intracompany investment and external private capital;
(C) development of commercial genomic technologies,
including the expected effects on investment capital;
and
(D) access to genomic technologies and processes;
and
(3) include an assessment of the net impact of Federal
innovation policies on innovation for genomic technologies,
including an assessment of--
(A) researchers' access to genomic materials;
(B) the rate of innovation;
(C) the quality of innovation;
(D) the cost of new genomic technologies brought to
market;
(E) the impact of restricted access to genomic
diagnostics on evaluation, improvement, and clinical
utilization;
(F) the cost and availability of innovative
technology;
(G) whether Federal innovation policies create
barriers to research through denial of use of a
research tool, increased costs of licensing, legal and
litigation costs, transaction costs, or the perception
of increased legal liability, or hinder the access of
researchers to genomic materials and to databases of
genomic sequence information;
(H) whether Federal innovation policies affect the
choice of area of research conducted by researchers or
institutions or provide positive benefits to such
research, including additional funding from private
sector partners; and
(I) the range of incentives providing motivation
for genetics research and technology development other
than intellectual property protection.
SEC. 4. REPORT.
The Director of the Office of Science and Technology Policy shall,
within 270 days after the date of the enactment of this Act, transmit a
report to Congress that--
(1) contains the findings of the study conducted under
section 3; and
(2) makes recommendations for policies, including
legislative changes, needed to optimize the genomic technology
innovation pipeline.
SEC. 5. COORDINATED POLICY.
After the report is transmitted to Congress under section 4, the
Director of the Office of Science and Technology Policy shall
incorporate the policy recommendations into a coordinated interagency
policy to promote innovation in genomic science and technology,
including the sound use of intellectual property policy.
SEC. 6. DEFINITIONS.
For the purposes of this Act--
(1) the term ``genomic materials'' means any material
containing a human or human pathogen polynucleotide sequence
other than genetic probes and markers and transgenic organisms;
(2) the term ``genomic technology'' means any genetic
diagnostic methods or kits, tools, probes, or markers, and any
pharmaceutical or therapy that uses or incorporates genomic
materials; and
(3) the term ``innovation policy'' includes intellectual
property protection and policies.
|
Genomic Science and Technology Innovation Act of 2002 - Requires the Director of the Office of Science and Technology Policy to conduct, or contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies.Requires such study to: (1) identify and quantify the effects of innovation policy on genomic science and technology innovation; (2) consider alternative levels of intellectual property protection genomic materials may receive and the likely impact on each element of the innovation pipeline; and (3) assess the net impact of Federal innovative policies.
|
{"src": "billsum_train", "title": "To direct the Director of the Office of Science and Technology Policy to conduct a study of the impact of Federal policies on the innovation process for genomic technologies, and for other purposes."}
| 1,164 | 125 | 0.708183 | 1.99406 | 0.697234 | 6.134454 | 10.008403 | 0.97479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Network Defense
and Accountability Act of 2008''.
SEC. 2. AUTHORITY OF CHIEF INFORMATION OFFICER; QUALIFICATIONS FOR
APPOINTMENT.
Section 703(a) of the Homeland Security Act of 2002 (6 U.S.C.
343(a)) is amended--
(1) by inserting before the first sentence the following:
``(1) Authorities and duties.--The Secretary shall delegate
to the Chief Information Officer such authority necessary for
the development, approval, implementation, integration, and
oversight of policies, procedures, processes, activities,
funding, and systems of the Department relating to the
management of information and information infrastructure for
the Department, including the management of all related mission
applications, information resources, and personnel.
``(2) Line authority.--''; and
(2) by adding at the end the following new paragraphs:
``(3) Qualifications for appointment.--An individual may
not be appointed as Chief Information Officer unless the
individual has--
``(A) demonstrated ability in and knowledge of
information technology and information security; and
``(B) not less than 5 years of executive leadership
and management experience in information technology and
information security in the public or private sector.
``(4) Functions.--The Chief Information Officer shall--
``(A) establish and maintain an incident response
team that provides a continuous, real-time capability
within the Department of Homeland Security to--
``(i) detect, respond to, contain,
investigate, attribute, and mitigate any
computer incident, as defined by the National
Institute of Standards and Technology, that
could violate or pose an imminent threat of
violation of computer security policies,
acceptable use policies, or standard security
practices of the Department; and
``(ii) deliver timely notice of any
incident to individuals responsible for
information infrastructure of the Department,
and to the United States Computer Emergency
Readiness Team;
``(B) establish, maintain, and update a network
architecture, including a diagram detailing how
security controls are positioned throughout the
information infrastructure of the Department to
maintain the confidentiality, integrity, availability,
accountability, and assurance of electronic
information; and
``(C) ensure that vulnerability assessments are
conducted on a regular basis for any Department
information infrastructure connected to the Internet or
another external network, and that vulnerabilities are
mitigated in a timely fashion.''.
SEC. 3. ATTACK-BASED TESTING PROTOCOLS.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended by adding at the end the following new subsection:
``(c) Attack-Based Testing Protocols.--The Chief Information
Officer, in consultation with the Inspector General, the Assistant
Secretary for Cybersecurity, and the heads of other appropriate Federal
agencies, shall--
``(1) establish security control testing protocols that
ensure that the Department's information infrastructure is
effectively protected against known attacks against and
exploitations of Federal and contractor information
infrastructure;
``(2) oversee the deployment of such protocols throughout
the information infrastructure of the Department; and
``(3) update such protocols on a regular basis.''.
SEC. 4. INSPECTOR GENERAL REVIEWS OF INFORMATION INFRASTRUCTURE.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
further amended by adding at the end the following new subsection:
``(d) Inspector General Reviews.--
``(1) In general.--The Inspector General of the Department
shall use authority under the Inspector General Act of 1978 (5
App. U.S.C.) to conduct announced and unannounced performance
reviews and programmatic reviews of the information
infrastructure of the Department to determine the effectiveness
of security policies and controls of the Department.
``(2) Performance reviews.--Performance reviews under this
subsection shall test and validate a system's security controls
using the protocols created under subsection (c), beginning not
later than 270 days after the date of enactment of the Homeland
Security Network Defense and Accountability Act of 2008.
``(3) Programmatic reviews.--Programmatic reviews under
this subsection shall--
``(A) determine whether an agency of the Department
is complying with policies, processes, and procedures
established by the Chief Information Officer; and
``(B) focus on risk assessment, risk management,
and risk mitigation, with primary regard to the
implementation of best practices such as
authentication, access control (including remote
access), intrusion detection and prevention, data
protection and integrity, and any other controls that
the Inspector General considers necessary.
``(4) Information security report.--The Inspector General
shall submit a security report containing the results of each
review under this subsection and prioritized recommendations
for improving security controls based on that review, including
recommendations regarding funding changes and personnel
management, to--
``(A) the Secretary;
``(B) the Chief Information Officer; and
``(C) the head of the Department component that was
the subject of the review, and other appropriate
individuals responsible for the information
infrastructure of such agency.
``(5) Corrective action report.--
``(A) In general.--Within 60 days after receiving a
security report under paragraph (4), the head of the
Department component that was the subject of the review
and the Chief Information Officer shall jointly submit
a corrective action report to the Secretary and the
Inspector General.
``(B) Contents.--The corrective action report--
``(i) shall contain a plan for addressing
recommendations and mitigating vulnerabilities
contained in the security report, including a
timeline and budget for implementing such plan;
and
``(ii) shall note any matters in
disagreement between the head of the Department
component and the Chief Information Officer.
``(6) Reports to congress.--
``(A) Annual reports.--In conjunction with the
reporting requirements of section 3545 of title 44,
United States Code, the Inspector General shall submit
an annual report to the Committee on Homeland Security
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate--
``(i) summarizing the performance and
programmatic reviews performed during the
preceding fiscal year, the results of those
reviews, and any actions that remain to be
taken under plans included in corrective action
reports under paragraph (5); and
``(ii) describing the effectiveness of the
testing protocols developed under subsection
(c) in reducing successful exploitations of the
Department's information infrastructure.
``(B) Security reports and corrective action
reports.--The Inspector General shall make all security
reports and corrective action reports available to any
member of the Committee on Homeland Security of the
House of Representatives, any member of the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Comptroller General of the United
States, upon request.''.
SEC. 5. INFORMATION INFRASTRUCTURE DEFINED.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
further amended by adding at the end the following:
``(e) Information Infrastructure Defined.--In this section, the
term `information infrastructure' means systems and assets used in
processing, transmitting, receiving, or storing information
electronically.''.
SEC. 6. NETWORK SERVICE PROVIDERS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. REQUIREMENTS FOR NETWORK SERVICE PROVIDERS.
``(a) Compatibility Determination.--Before entering into or
renewing a covered contract, the Secretary, acting through the Chief
Information Officer, must determine that the contractor has an internal
information systems security policy that complies with the Department's
information security requirements for risk assessment, risk management,
and risk mitigation, with primary regard to the implementation of best
practices such as authentication, access control (including remote
access), intrusion detection and prevention, data protection and
integrity, and any other policies that the Secretary considers
necessary to ensure the security of the Department's information
infrastructure.
``(b) Contract Requirements Regarding Security.--The Secretary
shall include in each covered contract provisions requiring the
contractor to--
``(1) implement and regularly update the internal
information systems security policy required under subsection
(a);
``(2) maintain the capability to provide contracted
services on a continuing and ongoing basis to the Department in
the event of unplanned or disruptive event; and
``(3) deliver timely notice of any internal computer
incident, as defined by the National Institute of Standards and
Technology, that could violate or pose an imminent threat of
violation of computer security policies, acceptable use
policies, or standard security practices at the Department, to
the United States Computer Emergency Readiness Team and the
incident response team established under section 703(a)(4).
``(c) Contract Requirements Regarding Subcontracting.--The
Secretary shall include in each covered contract--
``(1) a requirement that the contractor develop and
implement a plan for the award of subcontracts, as appropriate,
to small business concerns and disadvantaged business concerns
in accordance with other applicable requirements, including the
terms of such plan, as appropriate; and
``(2) a requirement that the contractor submit to the
Secretary, during performance of the contract, periodic reports
describing the extent to which the contractor has complied with
such plan, including specification (by total dollar amount and
by percentage of the total dollar value of the contract) of the
value of subcontracts awarded at all tiers of subcontracting to
small business concerns, including socially and economically
disadvantaged small businesses concerns, small business
concerns owned and controlled by service-disabled veterans,
HUBZone small business concerns, small business concerns
eligible to be awarded contracts pursuant to section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), and Historically
Black Colleges and Universities and Hispanic-serving
institutions, tribal colleges and universities, and other
minority institutions.
``(d) Existing Contracts.--The Secretary shall, to the extent
practicable under the terms of existing contracts, require each
contractor who provides covered information services under a contract
in effect on the date of the enactment of the Homeland Security Network
Defense and Accountability Act of 2008 to comply with the requirements
described in subsection (b).
``(e) Definitions.--For purposes of this section:
``(1) Socially and economically disadvantaged small
businesses concern, small business concern owned and controlled
by service-disabled veterans, and hubzone small business
concern.--The terms `socially and economically disadvantaged
small businesses concern', `small business concern owned and
controlled by service-disabled veterans', and `HUBZone small
business concern' have the meanings given such terms under the
Small Business Act (15 U.S.C. 631 et seq.).
``(2) Contractor.--The term `contractor' includes each
subcontractor of a contractor.
``(3) Covered contract.--The term `covered contract' means
a contract entered into or renewed after the date of the
enactment of the Homeland Security Network Defense and
Accountability Act of 2008 for the provision of covered
information services.
``(4) Covered information services.--The term `covered
information services' means creation, management, maintenance,
control, or operation of information networks or Internet Web
sites for the Department.
``(5) Historically black colleges and universities.--The
term `Historically Black Colleges and Universities' means part
B institutions under title III of the Higher Education Act of
1965 (20 U.S.C. 1061).
``(6) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term under
title V of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)).
``(7) Information infrastructure.--The term `information
infrastructure' has the meaning that term has under section
703.
``(8) Tribal colleges and universities.--The term `tribal
colleges and universities' has the meaning given such term
under the Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801 et seq.).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 835
the following new item:
``Sec. 836. Requirements for network service providers.''.
(c) Report.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall transmit to the Committee
on Homeland Security of the House of Representatives and the Homeland
Security and Governmental Affairs Committee of the Senate a report
describing--
(1) the progress in implementing requirements issued by the
Office of Management and Budget for encryption, authentication,
Internet Protocol version 6, and Trusted Internet Connections,
including a timeline for completion;
(2) a plan, including an estimated budget and a timeline,
to investigate breaches against the Department of Homeland
Security's information infrastructure for purposes of
counterintelligence assessment, attribution, and response;
(3) a proposal to increase threat information sharing with
cleared and uncleared contractors and provide specialized
damage assessment training to private sector information
security professionals; and
(4) a process to coordinate the Department of Homeland
Security's information infrastructure protection activities.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as affecting in any manner
the application of the Federal Information Management Security Act of
2002 (44 U.S.C. 3541 et seq.), to the Department of Homeland Security,
including all requirements and deadlines in that Act.
Passed the House of Representatives July 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Homeland Security Network Defense and Accountability Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to delegate to the Department's Chief Information Officer (CIO) authority for the development, approval, implementation, integration, and oversight of DHS policies, procedures, activities, funding, and systems relating to information management and information infrastructure.
Lists CIO qualifications (including at least five years of executive leadership and management experience in information technology and information security) and functions (including establishing an incident response team).
(Sec. 3) Directs the CIO to establish, oversee the deployment of, and regularly update security control testing protocols that ensure that DHS's information infrastructure is effectively protected against known attacks and exploitations of federal and contractor information infrastructure.
(Sec. 4) Requires the Inspector General to conduct performance and programmatic reviews of DHS's information infrastructure to determine the effectiveness of its security policies and controls. Requires programmatic reviews to: (1) determine whether a DHS component is complying with policies, processes, and procedures established by the CIO; and (2) focus on risk assessment, management, and mitigation, with primary regard to the implementation of best practices such as authentication, access control (including remote access), intrusion detection and prevention, and data protection and integrity. Directs the Inspector General to submit a security report on each review that includes prioritized recommendations for improving security controls, including recommendations regarding funding changes and personnel management, to the Secretary, CIO, and head of the DHS component. Requires: (1) the DHS component head and the CIO to jointly submit a corrective action report to the Secretary and the Inspector General; and (2) the Inspector General to submit an annual report to the House and Senate homeland security committees.
(Sec. 5) Defines "information infrastructure" under such Act as systems and assets used in processing, transmitting, receiving, or storing information electronically.
(Sec. 6) Requires the Secretary, before entering into or renewing a covered contract and acting through the CIO, to determine that the contractor has an internal information systems security policy that complies with DHS information security requirements. Sets forth contract requirements regarding security and subcontracting, including requiring the contractor to: (1) provide contracted services on a continuing basis to DHS in the event of an unplanned or disruptive event; (2) deliver timely notice of any internal computer incident that could violate or threaten computer security policies, acceptable use policies, or standard security practices at DHS to the U.S. Computer Emergency Readiness Team and the incident response team; and (3) develop and implement a plan for the award of subcontracts to small business and disadvantaged business concerns.
Directs the Secretary to report to the House Homeland Security Committee and the Senate Homeland Security and Governmental Affairs Committee on: (1) progress in implementing requirements issued by the Office of Management and Budget (OMB) for encryption, authentication, Internet Protocol version 6, and Trusted Internet Connections; (2) a plan to investigate breaches against DHS's information infrastructure for purposes of counterintelligence assessment, attribution, and response; (3) a proposal to increase threat information sharing with contractors and provide specialized damage assessment training to private sector information security professionals; and (4) a process to coordinate DHS's information infrastructure protection activities.
(Sec. 7) Provides that nothing in this Act shall affect the application of the Federal Information Management Security Act of 2002 to DHS.
|
{"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to enhance the information security of the Department of Homeland Security, and for other purposes."}
| 3,053 | 751 | 0.641191 | 2.051642 | 0.71419 | 4.258876 | 4.193787 | 0.933432 |
SECTION 1. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.
(a) In General.--Chapter 903 of title 10, United States Code, is
amended by inserting after section 9359 the following new section:
``Sec. 9359a. Air Force Academy Athletic Association: authorization,
purpose, and governance
``(a) Establishment Authorized.--The Secretary of the Air Force may
establish a nonprofit corporation, to be known as the `Air Force
Academy Athletic Association', to support the athletic program of the
Air Force Academy.
``(b) Organization and Duties.--(1) The Air Force Academy Athletic
Association (in this section referred to as the `Association') shall be
organized and operated as a nonprofit corporation under section
501(c)(3) of the Internal Revenue Code of 1986 and under the powers and
authorities set forth in this section and the provisions of the laws of
the State of incorporation. The Association shall operate on a
nonpartisan basis exclusively for charitable, educational, and civic
purposes consistent with the authorities referred to in this subsection
to support the athletic program of the Academy.
``(2) Subject to the approval of the Secretary of the Air Force,
the Association may--
``(A) operate and manage athletic and revenue generating
facilities on Academy property;
``(B) use Government facilities, utilities, and services on
the Academy, without charge, in support of its mission;
``(C) sell products to the general public on or off
Government property;
``(D) charge market-based fees for admission to Association
events and other athletic or athletic-related events at the
Academy and for use of Academy athletic facilities and
property; and
``(E) engage in other activities, consistent with the
Academy athletic mission as determined by the Board of
Directors.
``(c) Board of Directors.--(1) The Association shall be governed by
a Board of Directors made up of at least nine members. The members,
other than the member referred to in paragraph (2), shall serve without
compensation, except for reasonable travel and other related expenses
for attendance at required meetings.
``(2) The Director of Athletics at the Academy shall be a standing
member of the Board as part of the Director's duties as the Director of
Athletics.
``(3) Subject to the prior approval of all nominees for appointment
by the Secretary of the Air Force, the Superintendent shall appoint the
remaining members of the Board.
``(4) The Secretary of the Air Force shall select one of the
members of the Board appointed under paragraph (3) to serve as
chairperson of the Board.
``(d) Bylaws.--Not later than July 1, 2010, the Association shall
propose its by-laws. The Association shall submit the by-laws, and all
future changes to the by-laws, to the Secretary of the Air Force for
review and approval. The by-laws shall be made available to Congress
for review.
``(e) Transition From Nonappropriated Fund Operation.--(1) Until
September 30, 2011, the Secretary of the Air Force may provide for
parallel operations of the Association and the Air Force
nonappropriated fund instrumentality whose functions include providing
support for the athletic program of the Academy. Not later than that
date, the Secretary shall dissolve the nonappropriated fund
instrumentality and transfer its assets and liabilities to the
Association.
``(2) The Secretary may transfer title and ownership to all the
assets and liabilities of the nonappropriated fund instrumentality
referred to in paragraph (1), including bank accounts and financial
reserves in its accounts, equipment, supplies, and other personal
property without cost or obligation to the Association.
``(f) Contracting Authorities.--(1) The Superintendent may procure
goods, services, human resources, and other support, on a
noncompetitive basis and at fair and reasonable prices, from the
Association in support of this section. Any such procurement shall be
exempt from Federal procurement and Federal procurement-preference
laws, rules, regulations, processes and procedures.
``(2) The Superintendent may accept from the Association funds,
goods, and services for use by cadets and Academy personnel during
participation in, or in support of, Academy or Association contests,
events, and programs.
``(g) Use of Air Force Personnel.--Air Force personnel may
participate in--
``(1) the management, operation, and oversight of the
Association;
``(2) events and athletic contests sponsored by the
Association; and
``(3) management and sport committees for the National
Collegiate Athletic Association and other athletic conferences
and associations.
``(h) Funding Authority.--The authorization of appropriations for
the operation and maintenance of the Academy includes Association
operations in support of the Academy athletic program, as approved by
the Secretary of the Air Force.
``(i) Federal Tort Claims Act.--The Association is deemed to be a
Federal entity for purposes of chapter 171 of title 28, relating to
tort claims. Members of the Board of Directors, Association employees,
and Air Force personnel participating in the management, operation, and
oversight of the Association are entitled to the protections of such
chapter and are entitled to qualified immunity from liability for
actions taken in the scope of their participation as members of the
Board of Directors or participation or employment as members of the Air
Force and Association.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9359 the following new item:
``9359a. Air Force Academy Athletic Association: authorization,
purpose, and governance.''.
|
Authorizes the Secretary of the Air Force to establish (as a nonprofit corporation) the Air Force Academy Athletic Association, to support the athletic program of the Air Force Academy.
|
{"src": "billsum_train", "title": "To amend title 10, United States Code, to authorize the establishment of a nonprofit corporation to support the athletic program of the Air Force Academy."}
| 1,197 | 38 | 0.618159 | 1.488418 | 0.537313 | 5.212121 | 35.545455 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Recreational Land Exchange Act
of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the land
located in Grand, San Juan, and Uintah Counties, Utah, that is
identified on the maps as--
(A) ``BLM Subsurface only Proposed for Transfer to
State Trust Lands'';
(B) ``BLM Surface only Proposed for Transfer to
State Trust Lands''; and
(C) ``BLM Lands Proposed for Transfer to State
Trust Lands''.
(2) Grand county map.--The term ``Grand County Map'' means
the map prepared by the Bureau of Land Management entitled
``Utah Recreational Land Exchange Act Grand County'', dated
November 13, 2008, and relating to the exchange of Federal land
and non-Federal land in Grand and San Juan Counties, Utah.
(3) Maps.--The term ``maps'' means the Grand County Map and
the Uintah County Map.
(4) Non-federal land.--The term ``non-Federal land'' means
the land in Grand, San Juan, and Uintah Counties, Utah, that is
identified on the maps as--
(A) ``State Trust Land Proposed for Transfer to
BLM''; and
(B) ``State Trust Minerals Proposed for Transfer to
BLM''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah, as
trustee under the Utah State School and Institutional Trust
Lands Management Act (Utah Code Ann. 53C-1-101 et seq.).
(7) Uintah county map.--The term ``Uintah County Map''
means the map prepared by the Bureau of Land Management
entitled ``Utah Recreational Land Exchange Act Uintah County'',
dated November 13, 2008, and relating to the exchange of
Federal land and non-Federal land in Uintah County, Utah.
SEC. 3. EXCHANGE OF LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest of the
State in and to the non-Federal land, convey to the State all
right, title, and interest of the United States in and to the
Federal land.
(b) Conditions.--The exchange authorized under subsection (a) shall
be subject to--
(1) valid existing rights;
(2) except as otherwise provided by this section--
(A) section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable laws; and
(3) any additional terms and conditions that the Secretary
and the State mutually determine to be appropriate.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land shall be determined by appraisals conducted by 1
or more independent appraisers selected jointly by the
Secretary and the State.
(2) Applicable law.--The appraisals conducted under
paragraph (1) shall be conducted in accordance with section 206
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(3) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(4) Adjustment.--
(A) In general.--If value is attributed to any
parcel of Federal land because of the presence of
minerals subject to leasing under the Mineral Leasing
Act (30 U.S.C. 181 et seq.), the value of the parcel
(as otherwise established under this subsection) shall
be reduced by the percentage of the Federal revenue
sharing with a State under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
(B) Limitation.--An adjustment under subparagraph
(A) shall not be considered as a property right of the
State.
(5) Availability of appraisals.--
(A) In general.--All final appraisals, appraisal
reviews, and determinations of value for land to be
exchanged under this section shall be available for
public review at the Utah State Office of the Bureau of
Land Management at least 30 days before the conveyance
of the applicable parcels.
(B) Publication.--The Secretary or the State, as
applicable, shall publish in a newspaper of general
circulation in Salt Lake County, Utah, a notice that
the appraisals are available for public inspection.
(e) Conveyance of Parcels in Phases.--
(1) In general.--Notwithstanding that appraisals for all of
the parcels of Federal land and non-Federal land may not have
been approved under subsection (d)(3), parcels of the Federal
land and non-Federal land may be exchanged under subsection (a)
in 3 phases beginning on the date on which the appraised values
of the parcels included in the applicable phase are approved
under this subsection.
(2) Phases.--The 3 phases referred to in paragraph (1)
are--
(A) phase 1, consisting of the non-Federal land
identified as ``phase one'' land on the Grand County
Map;
(B) phase 2, consisting of the non-Federal land
identified as ``phase two'' land on the Grand County
Map and the Uintah County Map; and
(C) phase 3, consisting of any remaining non-
Federal land that is not identified as ``phase one''
land or ``phase two'' land on the Grand County Map or
the Uintah County Map.
(3) No agreement on exchange.--If agreement has not been
reached with respect to the exchange of an individual parcel of
Federal land or non-Federal land, the Secretary and the State
may agree to set aside the individual parcel to allow the
exchange of the other parcels of Federal land and non-Federal
land to proceed.
(4) Timing.--It is the intent of Congress that at least the
first phase of the exchange of land authorized by subsection
(a) be completed not later than 360 days after the date on
which the State makes the Secretary an offer to convey the non-
Federal land under that subsection.
(f) Reservation of Interest in Oil Shale.--
(1) In general.--With respect to Federal land that contains
oil shale resources, the Secretary shall reserve an interest in
the portion of the mineral estate that contains the oil shale
resources.
(2) Extent of interest.--The interest reserved by the
United States under paragraph (1) shall consist of--
(A) 50 percent of any bonus bid or other payment
received by the State as consideration for securing any
lease or authorization to develop oil shale resources;
(B) the amount that would have been received by the
Federal Government under the applicable royalty rate if
the oil shale resources had been retained in Federal
ownership; and
(C) 50 percent of any other payment received by the
State pursuant to any lease or authorization to develop
the oil shale resources.
(3) Payment.--Any amounts due under paragraph (2) shall be
paid by the State to the United States not less than quarterly.
(4) No obligation to lease.--The State shall not be
obligated to lease or otherwise develop oil shale resources in
which the United States retains an interest under this
subsection.
(5) Valuation.--Federal land in which the Secretary
reserves an interest under this subsection shall be appraised--
(A) without regard to the presence of oil shale;
and
(B) in accordance with subsection (d).
(g) Withdrawal of Federal Land Prior to Exchange.--Subject to valid
existing rights, during the period beginning on the date of enactment
of this Act and ending on the earlier of the date that the Federal land
is removed from the exchange or the date on which the Federal land is
conveyed under this Act, the Federal land is withdrawn from--
(1) disposition (other than disposition under section 4)
under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of--
(A) the mineral leasing laws;
(B) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(C) the first section of the Act of July 31, 1947
(commonly known as the ``Materials Act of 1947'') (30
U.S.C. 601).
(h) Appurtenant Water Rights.--Any conveyance of a parcel of
Federal land or non-Federal land under this Act shall include the
conveyance of water rights appurtenant to the parcel conveyed.
(i) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this Act--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the
Federal land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and
acceptable by the Secretary and the State--
(i) by reducing the acreage of the Federal
land to be conveyed; or
(ii) by adding additional State land to the
non-Federal land to be conveyed.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and non-Federal
land shall be equalized by reducing the acreage of the
non-Federal land to be conveyed, as determined to be
appropriate and acceptable by the Secretary and the
State.
(3) Notice and public inspection.--
(A) In general.--If the Secretary and the State
determine to add or remove land from the exchange, the
Secretary or the State shall--
(i) publish in a newspaper of general
circulation in Salt Lake County, Utah, a notice
that identifies when and where a revised
exchange map will be available for public
inspection; and
(ii) transmit to the Committee on Natural
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the Senate a copy of the revised exchange
map.
(B) Limitation.--The Secretary and the State shall
not add or remove land from the exchange until at least
30 days after the date on which the notice is published
under subparagraph (A)(i) and the map is transmitted
under subparagraph (A)(ii).
SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) Administration of Non-Federal Land.--
(1) In general.--Subject to paragraph (2) and in accordance
with section 206(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(c)), the non-Federal land acquired
by the United States under this Act shall become part of, and
be managed as part of, the Federal administrative unit or area
in which the land is located.
(2) Mineral leasing and occupancy.--
(A) In general.--Subject to valid existing rights,
the non-Federal land acquired by the United States
under this Act shall be withdrawn from the operation of
the mineral leasing laws until the later of--
(i) the date that is 2 years after the date
of enactment of this Act; or
(ii) the date on which the Record of
Decision authorizing the implementation of the
applicable resource management plans under
section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) is
signed.
(B) Exception.--Any land identified on the maps as
``Withdrawal Parcels'' is withdrawn from the operation
of the mineral leasing and mineral material disposal
laws.
(3) Receipts.--
(A) In general.--Any mineral receipts derived from
the non-Federal land acquired under this Act shall be
paid into the general fund of the Treasury.
(B) Applicable law.--Mineral receipts from the non-
Federal land acquired under this Act shall not be
subject to section 35 of the Mineral Leasing Act (30
U.S.C. 191).
(b) Grazing Permits.--
(1) In general.--If land conveyed under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of acquisition, the Secretary
and the State shall allow the grazing to continue for the
remainder of the term of the lease, permit, or contract,
subject to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels, access
rights, and ownership and use of range improvements.
(2) Renewal.--To the extent allowed by Federal or State
law, on expiration of any grazing lease, permit, or contract
described in paragraph (1), the holder of the lease, permit, or
contract shall be entitled to a preference right to renew the
lease, permit, or contract.
(3) Cancellation.--
(A) In general.--Nothing in this Act prevents the
Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the land subject
to the permit, lease, or contract is sold, conveyed,
transferred, or leased for nongrazing purposes by the
Secretary or the State.
(B) Limitation.--Except to the extent reasonably
necessary to accommodate surface operations in support
of mineral development, the Secretary or the State
shall not cancel or modify a grazing permit, lease, or
contract because the land subject to the permit, lease,
or contract has been leased for mineral development.
(4) Base properties.--If land conveyed by the State under
this Act is used by a grazing permittee or lessee to meet the
base property requirements for a Federal grazing permit or
lease, the land shall continue to qualify as a base property
for the remaining term of the lease or permit and the term of
any renewal or extension of the lease or permit.
(c) Hazardous Materials.--
(1) In general.--The Secretary and, as a condition of the
exchange, the State shall make available for review and
inspection any record relating to hazardous materials on the
land to be exchanged under this Act.
(2) Costs.--The costs of remedial actions relating to
hazardous materials on land acquired under this Act shall be
paid by those entities responsible for the costs under
applicable law.
(d) Easement.--The conveyance of Federal land in sec. 33, T. 4 S.,
R. 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt Lake Meridian,
shall be subject to a 1,000 foot wide scenic easement and a 200 foot
wide road right-of-way previously granted to the National Park Service
for the Dinosaur National Monument, as described in Land Withdrawal No.
U-0141143, pursuant to the Act of September 8, 1960 (74 Stat. 857,861).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
|
Utah Recreational Land Exchange Act of 2009 - Directs the Secretary of the Interior to convey specified federal land in Grand, San Juan, and Uintah Counties, Utah, to the state of Utah in exchange for specified non-federal land in such counties. Requires the conveyance to be in three phases.
Sets forth provisions regarding: (1) land valuation, appraisal, and equalization; and (2) land administration, including water rights, hazardous materials, oil shale resources, mineral leasing, and revenues.
Requires the conveyance of certain federal land to be subject to a 1,000-foot wide scenic easement and a 200-foot wide road of right-of-way previously granted to the National Park Service (NPS) for the Dinosaur National Monument.
|
{"src": "billsum_train", "title": "A bill to direct the exchange of certain land in Grand, San Juan, and Uintah Counties, Utah, and for other purposes."}
| 3,573 | 172 | 0.56138 | 1.57666 | 0.663341 | 3.821918 | 21.506849 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Canadian Trash Act''.
SEC. 2. CUSTOMS USER FEES FOR COMMERCIAL TRUCKS TRANSPORTING FOREIGN
MUNICIPAL SOLID WASTE.
(a) In General.--Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended--
(1) in subsection (a)(2), by inserting ``or $500 if such
truck is transporting foreign municipal solid waste'' before
the end period;
(2) in subsection (b)(2), by striking ``No fee'' and
inserting ``Except for the fee charged for each arrival of a
commercial truck that is transporting foreign municipal solid
waste, no fee''; and
(3) in subsection (b)(7), by striking ``No fee'' and
inserting ``Except for the fee charged for each arrival of a
commercial truck that is transporting foreign municipal solid
waste, no fee''.
(b) Definitions.--Subsection (c) of such section is amended by
adding at the end the following:
``(6) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the customs territory of the United States.
``(7) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means--
``(i) all waste materials, collected or
handled by any means, discarded for disposal by
households, including single and multifamily
residences, hotels, and motels; and
``(ii) all waste materials, collected or
handled by any means, discarded for disposal
that were generated by commercial,
institutional, municipal, or industrial
sources, including--
``(I) rubbish;
``(II) food;
``(III) yard waste;
``(IV) paper;
``(V) clothing;
``(VI) appliances;
``(VII) consumer product packaging;
``(VIII) disposable diapers;
``(IX) office supplies;
``(X) cosmetics;
``(XI) glass and metal food
containers;
``(XII) household hazardous waste;
``(XIII) debris resulting from
construction; and
``(XIV) remodeling, repair, or
demolition of structures.
``(B) Exception.--The term `municipal solid waste'
does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001 of the
Solid Waste Disposal Act (42 U.S.C. 6921),
except for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from a
response to a release or threatened release of
a hazardous substance which, had such response
occurred within the United States, would
constitute--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 and
9606); or
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Any waste being used solely as
feedstock for the purpose of alternative energy
production.
``(v) Any medical waste that is segregated
from or not mixed with solid waste.
``(vi) Solid waste generated incident to
the provision of service in interstate,
intrastate, foreign, or overseas air
transportation.''.
SEC. 3. INFORMATION TO BE PROVIDED TO CUSTOMS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations requiring each importer of foreign municipal
solid waste (as defined section 13031(c) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(c))) to provide, with
respect to each truck carrying foreign municipal solid waste that
enters the customs territory of the United States, the following
information:
(1) The cubic feet of the foreign municipal solid waste in
the truck.
(2) The specific type and content of such waste.
(3) Any other information the Secretary of Homeland
Security deems appropriate.
(b) Penalties.--Any person who fails to provide, or falsifies, the
information required by this section, or any regulation issued under
this section, shall, in addition to any other civil or criminal penalty
that may be imposed under title 18, United States Code, under title 42,
United States Code, or under any other provision of law, be assessed a
civil penalty by the Secretary of Homeland Security of not more than
$10,000 for each such failure or falsification.
|
Stop Canadian Trash Act - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require the Secretary of the Treasury to charge and collect a $500 fee for the provision of customs services for the arrival of a truck that is transporting foreign municipal solid waste.
Defines "municipal solid waste" to mean waste materials discarded for disposal by households or that were generated by commercial, institutional, municipal, or industrial sources, excluding certain hazardous waste, separated recyclable materials, waste being used solely as feedstock for alternative energy production, segregated medical waste, and solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.
Directs the Secretary of Homeland Security (DHS) to require each importer of foreign municipal solid waste to provide, with respect to each truck carrying such waste into U.S. customs territory, the cubic feet, specific type, and content of such waste.
Establishes a civil penalty for each failure to provide or falsification of information required by this Act.
|
{"src": "billsum_train", "title": "A bill to establish customs user fees for commercial trucks transporting foreign municipal solid waste, and for other purposes."}
| 1,132 | 226 | 0.61085 | 1.635584 | 0.87771 | 3.108247 | 5.340206 | 0.891753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Houma Nation Recognition and
Land Claims Settlement Act of 1996''.
SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress declares and finds the following:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to support
the resolution of disputes over historical claims through
settlements mutually agreed to by Indian and non-Indian
parties.
(2) The United Houma Nation have used, occupied, and
possessed vast tracts of lands within the State of Louisiana
and adjacent States, and by this use, occupancy, and possession
have laid claim to these lands.
(3) The significant historical events which have led to the
present state of affairs include (but are not limited to) the
following:
(A) The United Houma Nation have an unbroken tribal
existence from time immemorial and before recorded
history.
(B) The United Houma Nation enters recorded history
in 1682, when the explorer Robert Cavalier, Sieur de La
Salle encountered this tribe at the intersection of the
Mississippi and Red Rivers.
(C) By 1706, the United Houma Nation reacted to the
rivalry between the French and English by migrating
south, in order to be closer to their French allies.
(D) During the early 1700's, the United Houma
Nation fought with other Indian tribes, and the French,
over lands.
(E) The United States assumed sovereignty over
these lands with the purchase of the Louisiana
Territory in 1803 and promised all Indian tribes
inhabiting the newly acquired territory that their land
ownership and possession would be protected and honored
as such ownership was protected and honored by the
former sovereigns of Spain and France.
(F) In order to protect themselves from threats
presented by non-Indian peoples, portions of the United
Houma Nation sought refuge and safety in the then
remote wetlands and bayous of southern Louisiana where
they continued their social life and existence as a
tribal entity.
(G) Members of the United Houma Nation have always
been accorded the status of Indians as evidenced by--
(i) receiving educational support from the
Federal Government; and
(ii) recognition of the United Houma Nation
as an Indian tribe by the State of Louisiana.
(H) The United Houma Nation reorganized their
government under a corporate form in the 1970's, which
culminated in the creation of a corporate entity known
as the ``United Houma Nation'' in 1979.
(4) The assertion of the land claims of the United Houma
Nation through litigation will lead to substantial economic and
social hardship for a large number of landowners, citizens, and
communities in the State of Louisiana, including the United
Houma Nation itself. Congress recognizes that if these claims
are not resolved--
(A) litigation against thousands of landowners
would be likely;
(B) any final resolution of these disputes through
a process of litigation would--
(i) take many years and entail great
expenses to all parties;
(ii) continue economically and socially
damaging controversies;
(iii) prolong uncertainty as to the
ownership of property; and
(iv) seriously impair long-term economic
planning and development for all parties.
(5) The settlement of these land claims and the avoidance
of costly, protracted, and uncertain litigation--
(A) will advance the goals of the Federal policy of
Indian self-determination; and
(B) in recognition of the obligation of the United
States as a guardian and trustee, will be in
furtherance of the Federal policy of settling
historical Indian claims through legislation rather
than confrontation.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the United Houma Nation, the historical
descendant of the group known in history as the Houma Tribe, as
a federally recognized tribe on a sovereign-to-sovereign basis,
with all rights, benefits, and responsibilities thereto;
(2) to authorize and direct the Secretary of the Interior
to implement the terms and provisions of this Act;
(3) to remove the cloud on titles in the State of Louisiana
resulting from any land claims which have been asserted, are
being asserted, or may be asserted, by the United Houma Nation;
and
(4) to confirm and recognize the trust relationship between
the United Houma Nation and the United States.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Tribe'' means the United Houma Nation, as
described in the ``Constitution of the United Houma Nation,
Inc.'', and the ``United Houma Nation By-Laws'', dated 1979 and
1983, respectively, and the successor in interest to the former
``Houma Tribe, Inc.'', the former ``The Houma Alliance, Inc.'',
and the historic Houma Tribe.
(2) The term ``claim'' means any claim which was asserted,
is being asserted presently, or could be asserted, by the
Tribe, or by individuals as a tribal claim, or any other claim,
of any species or origin whatsoever, of a right, title, or
interest in or to real property (and improvements thereon), to
trespass or damages to real property (and improvements
thereon), to mesne profits, or of seasonal subsistence hunting,
fishing, or other rights to natural resources, if such claim is
based or premised upon--
(A) original aboriginal title; or
(B) aboriginal title based upon--
(i) use, occupancy, or possession for a
number of years, or
(ii) title confirmed or guaranteed by
Articles III and VI of the Treaty of Purchase
between the United States of America and
France, dated April 30, 1803.
(3) The term ``Secretary'' means the Secretary of the
Interior.
(4) The term ``State'' means the State of Louisiana.
SEC. 4. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of general application to Indians
and nations, tribes, or bands of Indians that are not inconsistent with
any specific provision of this Act shall be applicable to the Tribe and
its members.
(b) Federal Benefits and Services.--
(1) In general.--The Tribe and its members shall be
eligible for all Federal benefits and services furnished to
federally recognized Indian tribes and their members because of
their status as Indians.
(2) Service area.--In the case of Federal services
available to members of federally recognized Indian tribes
residing on a reservation, members of the Tribe residing in the
Tribe's service area shall be deemed to be residing on a
reservation. For the purposes of this paragraph, the term
``service area'' means the area comprised by the civil parishes
of Terrebonne, Lafourche, Jefferson, St. Mary, Plaquemines,
Orleans, and St. Bernard, in the State of Louisiana.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its
members.
(d) Effect on Property Rights and Other Obligations.--Except as
otherwise specifically provided in this Act, this Act shall not affect
any property right or obligation, or any contractual right or
obligation in existence before the date of the enactment of this Act,
or for any obligation for taxes assessed before that date.
SEC. 5. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL
TITLE, RIGHTS AND CLAIMS.
(a) Ratification of Transfers.--Any transfer before the date of
enactment of this Act of real property (and improvements thereon) or
natural resources located anywhere within the United States--
(1) from, by, or on behalf of the Tribe, any one or more of
its members, or anyone purporting to be a member, including
(but not limited to) any transfer pursuant to any treaty,
compact, or statute of any State, and
(2) from, by, or on behalf of the United States to the
State of Louisiana,
shall be deemed to have been made in accordance with the Constitution
and all laws of the United States, and Congress hereby approves and
ratifies any such transfer effective as of the date of such transfer.
(b) Aboriginal Title.--Aboriginal title to real property or natural
resources described in subsection (a) of the Tribe, any of its members,
or anyone purporting to be a member, or any other Indian, Indian
Nation, or Tribe or band of Indians is hereby extinguished as of the
date of such transfer or conveyance.
(c) Extinguishment of Claims.--By virtue of the approval and
ratification of any transfer or conveyance of real property (and
improvements thereon) or natural resources effected by this section,
and the extinguishment of aboriginal title effected thereby, all claims
against the United States, any State or subdivision thereof, or any
other person or entity, by the Tribe, any of its members, or anyone
purporting to be a member, or any Indian Nation, or tribe or band of
Indians, arising at the time of or subsequent to the transfer or
conveyance, and based on any interest in or right involving such real
property or natural resources shall be extinguished as of the date of
the transfer.
(d) Extinguishment of Title.--
(1) In general.--All claims and all right, title and
interest that--
(A) the Tribe or any person or group of persons
purporting to be the Houma Indians, or
(B) any person or group of persons purporting to be
any other Indian, Indian Nation, Tribe, or band of
Indians who are descendants from any of the progenitors
analyzed in Section VIII of the Benealogical Report
(including Appendices A and B thereto)--Proposed
Finding--United Houma Nation, December 13, 1994, United
States Department of the Interior, Bureau of Indian
Affairs, Branch of Acknowledgment and Research,
may have to aboriginal title, recognized title, or title by
grant, patent, or treaty, to the lands or interests in real
property (and improvements thereon) located anywhere in the
United States, are hereby extinguished.
(2) Exception.--Paragraph (1) shall not apply to any right,
title, or interest in or to property in the possession of any
such person or group on the date of enactment of this Act.
(e) Bar to Future Claims.--The United States is hereby barred from
asserting by or on behalf of the Tribe any claim arising before the
date of enactment of this Act, from the transfer or conveyance of any
real property (and improvements thereon) or natural resources by deed,
act of sale, or other grant, or by treaty, compact, or act of law, on
the grounds that such transfer or conveyance was not made in accordance
with the laws of the State of Louisiana or laws of the United States.
(f) Personal Claims Not Affected.--Nothing in this section shall be
deemed to affect, diminish, or eliminate the personal claim of any
individual member of the Tribe, or Indian, which is pursued under any
law of general applicability (other than Federal common law fraud) that
protects non-Indians as well as Indians.
SEC. 6. BASE MEMBERSHIP ROLL.
(a) In General.--Within one year after the date of enactment of
this section, the Tribe shall submit to the Secretary its base
membership roll. The base membership roll shall be developed and based
upon the criteria set out in Article III, Section 1 of the
``Constitution of the United Houma Nation, Inc.''
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe; however, in no event may an individual
be enrolled as a member of the Tribe unless the individual is a lineal
descendant of a person on the base membership roll, and has continued
to maintain political relations with the tribe.
(c) Member.--For the purposes of this section, the term ``member''
means an enrolled member of the Tribe, as of the date of the enactment
of this Act, or an individual who has been placed on the membership
rolls of the Tribe in accordance with this section.
SEC. 7. TRIBAL CONSTITUTION AND GOVERNANCE.
(a) Indian Reorganization Act.--If the Tribe so elects, it may
organize a tribal government under the Act of June 18, 1934 (25 U.S.C.
461 et seq.), commonly referred to as the ``Indian Reorganization
Act''. Pursuant to any such election, the Tribe shall adopt any new
constitution or other organic law in accordance with such Act.
(b) Scope of Constitution.--Whether or not the tribe elects under
subsection (a) to organize under such Act, the Tribe may exercise such
authority as is consistent with this Act and its constitution.
|
United Houma Nation Recognition and Land Claims Settlement Act of 1996 - Grants Federal recognition to the United Houma Nation and establishes a trust relationship with the Tribe.
Ratifies prior transfers of real property (and improvements thereon) or natural resources located anywhere within the United States from, by, or on behalf of the Tribe. Extinguishes aboriginal title, rights, interest, and claims by the Tribe and other Indians. Bars the United States from asserting any future claim arising by or on behalf of the Tribe from the transfer or conveyance of any real property (and improvements thereon) or natural resources before the enactment of this Act.
Requires the Tribe to submit to the Secretary of the Interior its base membership roll.
Allows the Tribe to elect to organize a tribal government under the Indian Reorganization Act and adopt any new constitution or other organic law in accordance with such Act.
|
{"src": "billsum_train", "title": "United Houma Nation Recognition and Land Claims Settlement Act of 1996"}
| 3,030 | 206 | 0.465535 | 1.325645 | 0.804777 | 4.994083 | 15.745562 | 0.946746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Space Flight Independent
Investigation Commission Act of 2003''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``incident'' means either an accident or a
deliberate act;
(2) the term ``NASA'' means the National Aeronautics and
Space Administration;
(3) the term ``NASA Administrator'' means the Administrator
of NASA; and
(4) the term ``NTSB'' means the National Transportation
Safety Board.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--The President shall establish an independent,
nonpartisan Commission within the executive branch to investigate any
incident that results in the loss of--
(1) a Space Shuttle;
(2) the International Space Station or its operational
viability;
(3) any other United States space vehicle carrying humans;
(4) any space vehicle carrying United States citizens; or
(5) a crew member or passenger of any space vehicle
described in this subsection.
(b) Deadline for Establishment.--The President shall issue an
executive order establishing a Commission within 7 days after an
incident specified in subsection (a).
SEC. 4. COMPOSITION OF COMMISSION.
(a) Number of Commissioners.--A Commission established pursuant to
this Act shall consist of 15 members.
(b) Selection.--The members of a Commission established pursuant to
this Act shall be chosen in the following manner:
(1) The Chairman of the NTSB shall be a member of the
Commission.
(2) The President shall appoint the remaining 14 members,
and shall designate the Chairman and Vice Chairman of the
Commission from among its members.
(3) Four of the 14 members appointed by the President shall
be selected by the President in the following manner:
(A) The Majority Leader of the Senate, the Minority
Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House
of Representatives shall each provide to the President
a list of candidates for membership on the Commission.
(B) The President shall select one of the
candidates from each of the 4 lists for membership on
the Commission.
(4) With the exception of the Chairman of the NTSB, no
officer or employee of the Federal Government shall serve as a
member of the Commission.
(5) No member of the Commission shall have, or have
pending, a contractual relationship with NASA. The President
shall not appoint any individual as a member of a Commission
under this section who has a current or former relationship
with the NASA Administrator that the President determines would
constitute a conflict of interest.
(6) To the extent practicable, the President shall ensure
that the members of the Commission include some individuals
with experience relative to the human carrying spacecraft being
investigated, as well as some individuals with investigative
experience and some individuals with legal experience.
(7) To the extent practicable, the President shall seek
diversity in the membership of the Commission.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed no later than 30 days after the incident.
(d) Initial Meeting.--The Commission shall meet and begin
operations as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairman or a majority of its members.
Eight members of the Commission shall constitute a quorum. Any vacancy
in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.
SEC. 5. TASKS OF THE COMMISSION.
A Commission established pursuant to this Act shall, to the extent
possible, undertake the following tasks:
(1) Investigate the incident.
(2) Determine the cause of the incident.
(3) Identify all contributing factors to the cause of the
incident.
(4) Make recommendations for corrective actions.
(5) Provide any additional findings or recommendations
deemed by the Commission to be important, whether or not they
are related to the specific incident under investigation.
(6) Prepare a report to Congress, the President, and the
public.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--A Commission established
pursuant to this Act or, on the authority of the Commission,
any subcommittee or member thereof, may, for the purpose of
carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents,
as the Commission or such designated subcommittee or designated
member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
Chairman and the Vice Chairman; or
(II) by the affirmative vote of 8
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the Chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the Chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--A Commission established pursuant to this Act
may, to such extent and in such amounts as are provided in
appropriation Acts, enter into contracts to enable the Commission to
discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--A Commission established pursuant to this
Act is authorized to secure directly from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and statistics
for the purposes of this Act. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, furnish
such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the Chairman,
the chairman of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to a Commission established
pursuant to this Act on a reimbursable basis administrative
support and other services for the performance of the
Commission's tasks.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Postal Services.--A Commission established pursuant to this Act
may use the United States mails in the same manner and under the same
conditions as departments and agencies of the United States.
SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.
(a) Public Meetings and Release of Public Versions of Reports.--A
Commission established pursuant to this Act shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
this Act.
(b) Public Hearings.--Any public hearings of a Commission shall be
conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The Chairman, in
consultation with Vice Chairman, in accordance with rules
agreed upon by a Commission established pursuant to this Act,
may appoint and fix the compensation of a staff director and
such other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code. Employees of NASA shall not be appointed to the staff of a
Commission.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of a Commission established pursuant to this
Act who are employees shall be employees under section
2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of a Commission
established pursuant to this Act.
(b) Detailees.--Any Federal Government employee, except for an
employee of NASA, may be detailed to a Commission established pursuant
to this Act without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--A Commission established pursuant to this
Act is authorized to procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of title 5,
United States Code. Any consultant or expert whose services are
procured under this subsection shall disclose any contract or
association it has with NASA or any NASA contractor.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of a Commission established pursuant
to this Act may be compensated at not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position at level IV of
the Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the actual
performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with a Commission established pursuant to this Act in expeditiously
providing to the Commission members and staff appropriate security
clearances to the extent possible pursuant to existing procedures and
requirements. No person shall be provided with access to classified
information under this Act without the appropriate security clearances.
SEC. 11. REPORTING REQUIREMENTS AND TERMINATION.
(a) Interim Reports.--A Commission established pursuant to this Act
may submit to the President and Congress interim reports containing
such findings, conclusions, and recommendations for corrective actions
as have been agreed to by a majority of Commission members.
(b) Final Report.--A Commission established pursuant to this Act
shall submit to the President and Congress, and make concurrently
available to the public, a final report containing such findings,
conclusions, and recommendations for corrective actions as have been
agreed to by a majority of Commission members. Such report shall
include any minority views or opinions not reflected in the majority
report.
(c) Termination.--
(1) In general.--A Commission established pursuant to this
Act, and all the authorities of this Act with respect to that
Commission, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--A
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 12. ROLE OF NTSB.
The NTSB shall assume responsibility for the investigation of any
incident described in section 3(a) immediately upon the occurrence of
that incident. The NTSB shall transfer responsibility for the
investigation to a Commission established pursuant to this Act as soon
as the Commission holds its initial meeting under section 4(d).
SEC. 13. FUNDING.
Such sums as are necessary to carry out this Act are authorized to
be appropriated. Sums authorized by this Act shall remain available
until the termination of the Commission for which they are
appropriated.
|
Human Space Flight Independent Investigation Commission Act of 2003 - Directs the President to establish an independent, nonpartisan commission within the executive branch to investigate and report to the President, Congress, and the public on any accident or deliberate act that results in the loss of: (1) a space shuttle; (2) the International Space Station or its operational viability; (3) any other U.S. space vehicle carrying humans; (4) any space vehicle carrying U.S. citizens; or (5) a crew member or passenger of any such space vehicle. Requires the President to issue an executive order establishing such a commission within seven days after such an incident.
Requires the National Transportation Safety Board to: (1) assume responsibility for investigation of such an incident immediately after its occurrence; and (2) transfer investigative responsibility to such a commission as soon as the commission holds its first meeting.
|
{"src": "billsum_train", "title": "To provide for the establishment of an independent, Presidentially-appointed investigative Commission in the event of incidents in the Nation's human space flight program that result in loss of crew, passengers, or the spacecraft, and for other purposes."}
| 3,155 | 182 | 0.657382 | 1.773353 | 0.83274 | 4.046784 | 17.081871 | 0.959064 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Taxpayer Abuse and
Harassment Prevention Act of 2007''.
(b) Findings.--The Congress finds the following:
(1) The integrity of the Federal tax system is integral to
the efficient and ongoing functioning of representative
democracy.
(2) A pillar of exemplary citizenship is compliance with
the Federal tax code as it pertains to individual income taxes.
(3) Individual taxpayers voluntarily disclose sensitive
personal information to the Federal Government with the
expectation that such information will be utilized and retained
only by qualified, trained, and accountable personnel of the
Internal Revenue Service (IRS).
(4) Although the IRS has stated that there will be tight
restrictions on what information will be released to private
collection agencies, the statute places no restrictions on what
information may be released to private collection agencies.
(5) More than 26 million Americans have, since 1990, been
victims of some form of ``identity theft'' through
misappropriation and misuse of their personal information.
(6) Disclosure of taxpayer information to nongovernmental,
third party vendors will increase the risk of wrongful
disclosure of taxpayer information that results in higher
incidences of ``identity theft''.
(7) The IRS has already demonstrated its inability to
protect taxpayer data from unauthorized disclosure under
existing vendor contracts as documented in an internal report
by the Department of Treasury Inspector General for Tax
Administration.
(8) The IRS Restructuring and Reform Act of 1998
specifically prevents employees or supervisors at the IRS from
being evaluated or compensated based on how much they collect
in order to prevent incentives for overly aggressive and
abusive tactics.
(9) The compensation scheme for private tax collection
agencies is a recovery fee of up to 25 percent of funds
collected that will lead to overzealous and abusive collection
tactics against taxpayers.
(10) The Congress has previously rejected the use of
private tax collection agencies by canceling a pilot program in
1996 due to violations by private collection agencies of the
Fair Debt Collection Practices Act, inadequate protection of
sensitive taxpayer information, and a loss of approximately $17
million during the pilot program.
(11) A 2002 report by the IRS Commissioner to the IRS
Oversight Board identified an additional $30 billion in taxes
owed that could be collected annually by increased funding for
IRS personnel. A $9 billion annual increase in revenue could be
achieved by earmarking approximately $300 million to specific
IRS collection functions, for a return of $30 for every $1
spent.
(12) Due to the vagaries of the budget scoring process,
additional funds collected by IRS personnel do not ``score'' as
increased revenues.
(13) The use of private collection agencies was deemed a
``new tool'' to the IRS Commissioner that resulted in increased
revenue being ``scored'' to the Federal Government when such
activity would actually result in increased cost to taxpayers.
(14) Members of the House of Representatives were not
afforded the opportunity to specifically vote on this
significant policy change during consideration of H.R. 4520,
the American Jobs Creation Act of 2004, in the 108th Congress.
SEC. 2. REPEAL OF AUTHORITY TO ENTER INTO PRIVATE TAX COLLECTION
CONTRACTS.
(a) In General.--Subchapter A of chapter 64 of the Internal Revenue
Code of 1986 (relating to collection) is amended by striking section
6306.
(b) Conforming Amendments.--
(1) Subchapter B of chapter 64 of such Code is amended by
striking section 7433A.
(2) Section 7809(a) of such Code is amended by striking
``6306,''.
(3) Section 7811 of such Code is amended by striking
subsection (g).
(4) Section 1203 of the Internal Revenue Service
Restructuring Act of 1998 is amended by striking subsection
(e).
(5) The table of sections of subchapter A of chapter 64 of
such Code is amended by striking the item relating to section
6306.
(6) The table of sections of subchapter B of chapter 64 of
such Code is amended by striking the item relating to section
7433A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(d) Termination of Reporting Requirement.--The reporting
requirement of section 881(e) of the American Jobs Creation Act of 2004
shall not apply after the date of the enactment of this Act.
|
Taxpayer Abuse and Harassment Prevention Act of 2007 - Amends the Internal Revenue Code to repeal the authority of the Secretary of the Treasury to enter into contracts with private collection agencies to collect unpaid taxes.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the authority of the Secretary of the Treasury to enter into private tax collection contracts."}
| 971 | 49 | 0.444992 | 1.029433 | 0.15896 | 2.243243 | 24.810811 | 0.891892 |
SECTION 1. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY PRODUCTION
TAX CREDIT.
(a) Extension of Credit.--Each of the following provisions of
section 45(d) of the Internal Revenue Code of 1986 (relating to
qualified facilities) is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2019'':
(1) Paragraph (1).
(2) Clauses (i) and (ii) of paragraph (2)(A).
(3) Clauses (i)(I) and (ii) of paragraph (3)(A).
(4) Paragraph (4).
(5) Paragraph (5).
(6) Paragraph (6).
(7) Paragraph (7).
(8) Paragraph (8).
(9) Subparagraphs (A) and (B) of paragraph (9).
(b) Production Credit for Electricity Produced From Marine
Renewables.--
(1) In general.--Paragraph (1) of section 45(c) of such
Code (relating to resources) is amended by striking ``and'' at
the end of subparagraph (G), by striking the period at the end
of subparagraph (H) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(I) marine and hydrokinetic renewable energy.''.
(2) Marine renewables.--Subsection (c) of section 45 of
such Code is amended by adding at the end the following new
paragraph:
``(10) Marine and hydrokinetic renewable energy.--
``(A) In general.--The term `marine and
hydrokinetic renewable energy' means energy derived
from--
``(i) waves, tides, and currents in oceans,
estuaries, and tidal areas,
``(ii) free flowing water in rivers, lakes,
and streams,
``(iii) free flowing water in an irrigation
system, canal, or other man-made channel,
including projects that utilize nonmechanical
structures to accelerate the flow of water for
electric power production purposes, or
``(iv) differentials in ocean temperature
(ocean thermal energy conversion).
``(B) Exceptions.--Such term shall not include any
energy which is derived from any source which utilizes
a dam, diversionary structure (except as provided in
subparagraph (A)(iii)), or impoundment for electric
power production purposes.''.
(3) Definition of facility.--Subsection (d) of section 45
of such Code is amended by adding at the end the following new
paragraph:
``(11) Marine and hydrokinetic renewable energy
facilities.--In the case of a facility producing electricity
from marine and hydrokinetic renewable energy, the term
`qualified facility' means any facility owned by the taxpayer--
``(A) which has a nameplate capacity rating of at
least 150 kilowatts, and
``(B) which is originally placed in service on or
after the date of the enactment of this paragraph and
before January 1, 2010.''.
(4) Credit rate.--Subparagraph (A) of section 45(b)(4) of
such Code is amended by striking ``or (9)'' and inserting
``(9), or (11)''.
(5) Coordination with small irrigation power.--Paragraph
(5) of section 45(d) of such Code, as amended by subsection
(a), is amended by striking ``January 1, 2019'' and inserting
``the date of the enactment of paragraph (11)''.
(c) Sales of Electricity to Regulated Public Utilities Treated as
Sales to Unrelated Persons.--Section 45(e)(4) of such Code (relating to
related persons) is amended by adding at the end the following new
sentence: ``A taxpayer shall be treated as selling electricity to an
unrelated person if such electricity is sold to a regulated public
utility (as defined in section 7701(a)(33).''.
(d) Trash Facility Clarification.--Paragraph (7) of section 45(d)
of such Code is amended--
(1) by striking ``facility which burns'' and inserting
``facility (other than a facility described in paragraph (6))
which uses'', and
(2) by striking ``combustion''.
(e) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
apply to property originally placed in service after December
31, 2008.
(2) Modifications.--The amendments made by subsections (b)
and (c) shall apply to electricity produced and sold after the
date of the enactment of this Act, in taxable years ending
after such date.
(3) Trash facility clarification.--The amendments made by
subsection (d) shall apply to electricity produced and sold
before, on, or after December 31, 2007.
SEC. 2. EXTENSION AND MODIFICATION OF SOLAR ENERGY AND FUEL CELL
INVESTMENT TAX CREDIT.
(a) Extension of Credit.--
(1) Solar energy property.--Paragraphs (2)(A)(i)(II) and
(3)(A)(ii) of section 48(a) of the Internal Revenue Code of
1986 (relating to energy credit) are each amended by striking
``January 1, 2009'' and inserting ``January 1, 2019''.
(2) Fuel cell property.--Subparagraph (E) of section
48(c)(1) of such Code (relating to qualified fuel cell
property) is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2018''.
(3) Qualified microturbine property.--Subparagraph (E) of
section 48(c)(2) of such Code (relating to qualified
microturbine property) is amended by striking ``December 31,
2008'' and inserting ``December 31, 2018''.
(b) Allowance of Energy Credit Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) of such Code (relating to
specified credits) is amended by striking ``and'' at the end of clause
(iii), by striking the period at the end of clause (iv) and inserting
``, and'', and by adding at the end the following new clause:
``(v) the credit determined under section 46 to the extent that
such credit is attributable to the energy credit determined under
section 48.''.
(c) Repeal of Dollar Per Kilowatt Limitation for Fuel Cell
Property.--
(1) In general.--Section 48(c)(1) of such Code (relating to
qualified fuel cell), as amended by subsection (a)(2), is
amended by striking subparagraph (B) and by redesignating
subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and
(D), respectively.
(2) Conforming amendment.--Section 48(a)(1) of such Code is
amended by striking ``paragraphs (1)(B) and (2)(B) of
subsection (c)'' and inserting ``subsection (c)(2)(B)''.
(d) Public Electric Utility Property Taken Into Account.--
(1) In general.--Paragraph (3) of section 48(a) of such
Code is amended by striking the second sentence thereof.
(2) Conforming amendments.--
(A) Paragraph (1) of section 48(c) of such Code, as
amended by this section, is amended by striking
subparagraph (C) and redesignating subparagraph (D) as
subparagraph (C).
(B) Paragraph (2) of section 48(c) of such Code, as
amended by subsection (a)(3), is amended by striking
subparagraph (D) and redesignating subparagraph (E) as
subparagraph (D).
(e) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Allowance against alternative minimum tax.--The
amendments made by subsection (b) shall apply to credits
determined under section 46 of the Internal Revenue Code of
1986 in taxable years beginning after the date of the enactment
of this Act and to carrybacks of such credits.
(3) Fuel cell property and public electric utility
property.--The amendments made by subsections (c) and (d) shall
apply to periods after the date of the enactment of this Act,
in taxable years ending after such date, under rules similar to
the rules of section 48(m) of the Internal Revenue Code of 1986
(as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990).
SEC. 3. EXTENSION AND MODIFICATION OF RESIDENTIAL ENERGY EFFICIENT
PROPERTY CREDIT.
(a) Extension.--Subsection (g) of section 25D of the Internal
Revenue Code of 1986 (relating to termination) is amended by striking
``December 31, 2008'' and inserting ``December 31, 2018''.
(b) No Dollar Limitation for Credit for Solar Electric Property.--
(1) In general.--Section 25D(b)(1) of such Code (relating
to maximum credit) is amended by striking subparagraph (A) and
by redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively.
(2) Conforming amendments.--Section 25D(e)(4) of such Code
is amended--
(A) by striking clause (i) in subparagraph (A),
(B) by redesignating clauses (ii) and (iii) in
subparagraph (A) as clauses (i) and (ii), respectively,
and
(C) by striking ``, (2),'' in subparagraph (C).
(c) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Subsection (c) of section 25D of such Code
is amended to read as follows:
``(c) Limitation Based on Amount of Tax; Carryforward of Unused
Credit.--
``(1) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for the taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.
``(2) Carryforward of unused credit.--
``(A) Rule for years in which all personal credits
allowed against regular and alternative minimum tax.--
In the case of a taxable year to which section 26(a)(2)
applies, if the credit allowable under subsection (a)
exceeds the limitation imposed by section 26(a)(2) for
such taxable year reduced by the sum of the credits
allowable under this subpart (other than this section),
such excess shall be carried to the succeeding taxable
year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(B) Rule for other years.--In the case of a
taxable year to which section 26(a)(2) does not apply,
if the credit allowable under subsection (a) exceeds
the limitation imposed by paragraph (1) for such
taxable year, such excess shall be carried to the
succeeding taxable year and added to the credit
allowable under subsection (a) for such succeeding
taxable year.''.
(2) Conforming amendments.--
(A) Section 23(b)(4)(B) of such Code is amended by
inserting ``and section 25D'' after ``this section''.
(B) Section 24(b)(3)(B) of such Code is amended by
striking ``and 25B'' and inserting ``, 25B, and 25D''.
(C) Section 25B(g)(2) of such Code is amended by
striking ``section 23'' and inserting ``sections 23 and
25D''.
(D) Section 26(a)(1) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25D''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
(2) Application of egtrra sunset.--The amendments made by
subparagraphs (A) and (B) of subsection (c)(2) shall be subject
to title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 in the same manner as the provisions
of such Act to which such amendments relate.
|
Amends the Internal Revenue Code to: (1) extend through 2018 the tax credit for producing electricity from certain renewable resources, including wind, biomass, geothermal energy, landfill gas, refined coal, and hydropower; (2) include marine and hydrokinetic renewable energy as a renewable resource for purposes of such tax credit; (3) extend through 2018 the energy tax credit for solar, fuel cell, and microturbine property; (4) repeal the dollar per kilowatt limitation for fuel cell property for purposes of the energy tax credit; (5) extend the energy tax credit to public electric utilities; and (6) expand and extend through 2018 the tax credit for residential energy efficient property.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify and extend certain energy-related tax credits."}
| 2,894 | 138 | 0.523934 | 1.311486 | 0.652808 | 2.015038 | 18.81203 | 0.857143 |
SECTION 1. ESTABLISHMENT OF NATIONAL MILITARY MUSEUM FOUNDATION.
(a) In General.--(1) Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1519 the following
new chapter:
``CHAPTER 1520--NATIONAL MILITARY MUSEUM FOUNDATION
``Sec.
``151951. Establishment.
``151952. Purposes.
``151953. Membership.
``151954. Governing body.
``151955. Organizational matters.
``151956. Officers and employees.
``151957. Powers.
``151958. Duty to maintain tax-exempt status.
``151959. Additional annual reports.
``Sec. 151951. Establishment
``There is established a nonprofit corporation to be known as the
National Military Museum Foundation (in this chapter referred to as the
`Foundation'). The Foundation is not an agency or instrumentality of
the United States.
``Sec. 151952. Purposes
``The Foundation shall have the following purposes:
``(1) To encourage and facilitate the preservation of
military artifacts having historical or technological
significance.
``(2) To promote innovative solutions to the problems
associated with the preservation of such artifacts.
``(3) To facilitate research on and educational activities
relating to military history.
``(4) To promote voluntary partnerships between the Federal
Government and the private sector for the preservation of such
artifacts and of military history.
``(5) To facilitate the display of such artifacts for the
education and benefit of the public.
``(6) To develop publications and other interpretive
materials pertinent to the historical collections of the Armed
Forces of the United States that will supplement similar
publications and materials available from public, private, and
corporate sources.
``(7) To provide financial support for educational,
interpretive, and conservation programs of the Armed Forces
relating to such artifacts.
``(8) To broaden public understanding of the role of the
military in United States history.
``(9) To recognize and honor the individuals who have
served in the Armed Forces.
``Sec. 151953. Membership
``Eligibility for membership in the Foundation and the rights,
privileges, and designation of classes of members of the Foundation
shall be as provided in the constitution and bylaws of the Foundation.
``Sec. 151954. Governing body
``(a) Board of Directors.--(1) The Foundation shall have a Board of
Directors (in this chapter referred to as the `Board') composed of nine
individuals appointed by the Secretary of Defense from among
individuals who are United States citizens.
``(2) Of the individuals appointed under paragraph (1)--
``(A) at least one shall have an expertise in historic
preservation;
``(B) at least one shall have an expertise in military
history;
``(C) at least one shall have an expertise in the
administration of museums; and
``(D) at least one shall have an expertise in military
technology and materiel.
``(b) Chairperson.--(1) The Secretary shall designate one of the
individuals first appointed to the Board under subsection (a) as the
chairperson of the Board. The individual so designated shall serve as
chairperson for a term of 2 years.
``(2) Upon the expiration of the term of chairperson of the
individual designated as chairperson under paragraph (1), or of the
term of a chairperson elected under this paragraph, the members of the
Board shall elect a chairperson of the Board from among its members.
``(c) Term.--(1) Subject to paragraph (2), members appointed to the
Board shall serve on the Board for a term of 4 years.
``(2) If a member of the Board misses three consecutive meetings of
the Board, the Board may remove the member from the Board for that
reason.
``(d) Vacancy.--Any vacancy in the Board shall not affect its
powers but shall be filled, not later than 60 days after the vacancy,
in the same manner in which the original appointment was made.
``(e) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(f) Meetings.--The Board shall meet at the call of the
chairperson of the Board. The Board shall meet at least once a year.
``Sec. 151955. Organizational matters
``The members of the Board first appointed under section 151954(a)
of this title shall--
``(1) adopt a constitution and bylaws for the Foundation;
``(2) serve as incorporators of the Foundation; and
``(3) take whatever other actions the Board determines
appropriate in order to establish the Foundation as a nonprofit
corporation.
``Sec. 151956. Officers and employees
``(a) Executive Director.--The Foundation shall have an executive
director appointed by the Board and such other officers as the Board
may appoint. The executive director and the other officers of the
Foundation shall be compensated at rates fixed by the Board and shall
serve at the pleasure of the Board.
``(b) Employees.--Subject to the approval of the Board, the
Foundation may employ such individuals, and at such rates of
compensation, as the executive director determines appropriate.
``(c) Volunteers.--Subject to the approval of the Board, the
Foundation may accept the services of volunteers in the performance of
the functions of the Foundation.
``(d) Service of Federal Employees.--A person who is a full-time or
part-time employee of the Federal Government may not serve as a full-
time or part-time employee of the Foundation and shall not be
considered for any purpose an employee of the Foundation.
``Sec. 151957. Powers
``In order to carry out the purposes of this chapter, the
Foundation may--
``(1) accept, hold, administer, invest, and spend any gift,
devise, or bequest of real or personal property made to the
Foundation;
``(2) enter into contracts with individuals, public or
private organizations, professional societies, and government
agencies for the purpose of carrying out the functions of the
Foundation; and
``(3) enter into such other contracts, leases, cooperative
agreements, and other transactions as the executive director of
the Foundation considers appropriate to carry out the
activities of the Foundation.
``Sec. 151958. Duty to maintain tax-exempt status
``The Foundation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C.
1 et seq.).
``Sec. 151959. Additional annual reports
``In addition to the annual report required by section 10101(b) of
this title, the Foundation shall submit to the Secretary of Defense on
an annual basis a report on the activities of the Foundation during the
preceding fiscal year, including a full and complete statement of the
receipts, expenditures, investment activities, and other financial
activities of the Foundation during such fiscal year.''.
(2) The table of chapters at the beginning of subtitle II of title
36, United States Code, is amended by inserting after the item relating
to chapter 1519 the following new item:
``1520. National Military Museum Foundation................. 151951''.
(b) Initial Support.--(1) There is authorized to be appropriated
for the Department of Defense for fiscal year 2000, $250,000 for the
purpose of making a grant to the National Military Museum Foundation
established by chapter 1520 of title 36, United States Code (as added
by subsection (a)), in order to assist the Foundation in defraying the
costs of its activities. Such amount shall be available for such
purpose until expended.
(2) In each of fiscal years 2000 through 2002, the Secretary of
Defense may provide, without reimbursement, personnel, facilities, and
other administrative services of the Department to the Foundation.
|
Establishes as a nonprofit corporation the National Military Museum Foundation to: (1) preserve military artifacts having historical or technological significance; (2) facilitate research on military history; (3) promote partnerships between the Federal Government and the private sector for the preservation of such artifacts; (4) engage in related military history documentation and preservation activities; and (5) recognize and honor the individuals who have served in the armed forces.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "A bill to establish the National Military Museum Foundation, and for other purposes."}
| 1,747 | 93 | 0.597933 | 1.451344 | 1.572739 | 4.183908 | 19.08046 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Army Rangers Veterans
of World War II Congressional Gold Medal Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Secretary'' means the Secretary of the
Treasury; and
(2) the term ``United States Army Rangers Veteran of World
War II'' means any individual who--
(A) served in the Armed Forces--
(i) honorably;
(ii) in an active duty status; and
(iii) at any time during the period
beginning on June 19, 1942, and ending on
September 2, 1945; and
(B) was assigned to a Ranger Battalion of the Army
at any time during the period described in subparagraph
(A)(iii).
SEC. 3. FINDINGS.
Congress finds the following:
(1) In World War II, the Army formed 6 Ranger Battalions
and 1 provisional battalion. All members of the Ranger
Battalions were volunteers. The initial concept of Ranger units
drew from the British method of using highly trained
``commando'' units and the military tradition of the United
States of utilizing light infantry for scouting and raiding
operations.
(2) The Ranger Battalions of World War II consisted of--
(A) the 1st Ranger Infantry Battalion, which was
activated on June 19, 1942, in Northern Ireland;
(B) the 2d Ranger Infantry Battalion, which was
activated on April 1, 1943, at Camp Forrest, Tennessee;
(C) the 3d Ranger Infantry Battalion, which was--
(i) activated as provisional on May 21,
1943, in North Africa; and
(ii) constituted on July 21, 1943, and
concurrently consolidated with the provisional
unit described in clause (i);
(D) the 4th Ranger Infantry Battalion, which was--
(i) activated as provisional on May 29,
1943, in North Africa; and
(ii) constituted on July 21, 1943, and
concurrently consolidated with the provisional
unit described in clause (i);
(E) the 5th Ranger Infantry Battalion, which was
activated on September 1, 1943, at Camp Forrest,
Tennessee;
(F) the 6th Ranger Infantry Battalion, which was--
(i) originally activated on January 20,
1941, at Fort Lewis, Washington, as the 98th
Field Artillery Battalion; and
(ii) converted and redesignated on
September 26, 1944, as the 6th Ranger Infantry
Battalion; and
(G) the 29th Ranger Infantry Battalion, a
provisional Army National Guard unit that was--
(i) activated on December 20, 1942, at
Tidworth Barracks, England; and
(ii) disbanded on October 18, 1943.
(3) The first combat operations of Army Rangers occurred on
August 19, 1942, when 50 Rangers took part in the British-
Canadian raid on the French coastal town of Dieppe.
(4) The 1st Ranger Battalion, under the leadership of Major
William O. Darby, was used in full strength during the landings
at Arsew, Algeria, during the North African campaign. Due to
the success of the Rangers in several difficult battles,
particularly at El Guettar in March and April of 1943, 2
additional Ranger Battalions were organized in North Africa.
(5) During the North African campaign, the 1st Ranger
Battalion was awarded battle honors for its actions in Tunisia.
On March 18, 1943, the Battalion penetrated enemy lines and
captured the position Djebel el Auk in a nighttime attack,
taking more than 200 prisoners. Two days later, the battalion
was attacked by the 10th Panzer division of the German Afrika
Korps and, despite heavy losses, continued to defend its
position. The following day, the 1st Battalion counterattacked
to clear high ground overlooking the positions held by the
Armed Forces. These actions demonstrated the ability of the
Rangers to fight in difficult terrain and the courage to endure
despite being outnumbered and exposed to heavy enemy fire.
(6) The 29th provisional Ranger Battalion was formed from
volunteers drawn from the 29th Infantry Division stationed in
England in the fall of 1942. The Battalion was activated on
December 20, 1942, and accompanied British commandos on 2
small-scale raids in Norway. Nineteen members of the 29th
Ranger Battalion conducted a raid on a German radar site in
France on the night of September 3, 1943. After that raid, the
29th Ranger Battalion was disbanded because new Ranger units,
the 2d and 5th Battalions, were being formed.
(7) During the summer and fall of 1943, the 1st, 3d, and
4th Ranger Battalions were heavily involved in the campaign in
Sicily and the landings in Italy. The 1st and 4th Ranger
Battalions conducted a night amphibious landing in Sicily and
secured the landing beaches for the main force. The 3d
Battalion landed separately at Licata, Sicily and was able to
silence gun positions on an 82-foot cliff overlooking the
invasion beaches.
(8) During the invasion of Italy, the 1st and 4th Ranger
Battalions landed at Maori with the mission of seizing the high
ground and protecting the flank of the remainder of the main
landing by the United States. Enemy forces in the area were
estimated to outnumber the Rangers by approximately 8 to 1.
Despite these odds, the Rangers took the position and held off
7 enemy counterattacks.
(9) After the invasion of Italy, Rangers continued to be
used, often in night attacks to seize key terrain ahead of the
advancing Allied forces. At the Anzio beachhead, the majority
of the 1st, 3d, and 4th Ranger Battalions sustained heavy
casualties after being cut off behind German lines. The Rangers
had planned to infiltrate German positions under the cover of
darkness and make a dawn attack on a critical road junction but
were pinned down by enemy tanks and an elite German paratrooper
unit. After 12 hours of desperate fighting and a failed relief
attempt, the majority of the Ranger force was killed, wounded,
or captured. Only 6 Rangers from the 1st and 3d Battalions, out
of more than 767 men, returned to friendly lines. The 4th
Battalion, which had been in reserve, also suffered 60 killed
and 120 wounded out of 550 men. These 3 battalions were
inactivated and the survivors were transferred to other units.
(10) In the United States, and later in Scotland, the 2d
and 5th Ranger Battalions were formed to undertake operations
in Western Europe. Those Battalions were engaged on D-Day,
assaulting German positions at the Pointe du Hoc coastal
battery, and remained in combat through September of 1944.
Specifically, Rangers in the 2d Battalion, under the command of
Lieutenant Colonel James E. Rudder--
(A) overcame underwater mines, machine gun fire,
and enemy artillery while scaling the 100-foot high
cliffs at Pointe du Hoc;
(B) held against intense German efforts to retake
the position; and
(C) after reaching the top of the cliffs, moved
inland roughly 1 mile and sustained heavy casualties
while searching for, and ultimately destroying, a
German heavy artillery battery.
(11) During June, July, and August of 1944, the 2d and 5th
Ranger Battalions were engaged in the campaign in Brest, which
included close-range fighting in hedgerows and numerous
villages. Later, in operations in Western Germany, the
Battalions were frequently used to attack in darkness and gain
vital positions to pave the way for the main Army attacks.
(12) During the final drive into Germany in late February
and early March 1945, the 5th Ranger Battalion was cited for
battle honors for outstanding performance. Under the cover of
darkness, the unit drove into German lines and seized high
ground blocking the main German supply route in the sector. The
Germans attacked the position of the Rangers from both sides,
resulting in heavy Ranger casualties during 5 days of fighting.
As a result of the actions of the Rangers, the main Army attack
was able to overcome German defenses more easily, occupy the
vital city of Trier, and reach the Rhine River.
(13) The 6th Ranger Battalion operated in the Pacific. In
the most notable exploit of the 6th Ranger Battalion, in
January and February of 1945, the Battalion formed the nucleus
of a rescue force that liberated more than 500 Allied
prisoners, including prisoners from the United States, from the
Cabanatuan prisoner of war camp in the Philippines. With the
help of local Filipino guerillas, the Rangers, led by
Lieutenant Colonel Henry A. Mucci, demonstrated extraordinary
heroism by infiltrating Japanese-held territory to reach the
prisoners of war and prevent them from being killed by the
Japanese. After a 25-mile march at night through the jungle,
the unit killed all Japanese sentries with no loss of life of
the prisoners of war. The unit successfully returned to
American lines having lost only 2 soldiers killed and having
another 2 wounded.
(14) The 1st Ranger Infantry Battalion--
(A) participated in the campaigns of--
(i) Algeria-French Morocco (with
arrowhead);
(ii) Tunisia;
(iii) Sicily (with arrowhead);
(iv) Naples-Foggia (with arrowhead);
(v) Anzio (with arrowhead); and
(vi) Rome-Arno; and
(B) for its contributions, received--
(i) the Presidential Unit Citation (Army)
and streamer embroidered with ``EL GUETTAR'';
and
(ii) the Presidential Unit Citation (Army)
and streamer embroidered with ``SALERNO''.
(15) The 2d Ranger Infantry Battalion--
(A) participated in the campaigns of--
(i) Normandy (with arrowhead);
(ii) Northern France;
(iii) Rhineland;
(iv) Ardennes-Alsace; and
(v) Central Europe; and
(B) for its contributions, received--
(i) the Presidential Unit Citation (Army)
and streamer embroidered with ``POINTE DU
HOE''; and
(ii) the French Croix de Guerre with
Silver-Gilt Star, World War II, and streamer
embroidered with ``POINTE DU HOE''.
(16) The 3d Ranger Infantry Battalion--
(A) participated in the campaigns of--
(i) Sicily (with arrowhead);
(ii) Naples-Foggia (with arrowhead);
(iii) Anzio (with arrowhead); and
(iv) Rome-Arno; and
(B) for its contributions, received the
Presidential Unit Citation (Army) and streamer
embroidered with ``SALERNO''.
(17) The 4th Ranger Infantry Battalion--
(A) participated in the campaigns of--
(i) Sicily (with arrowhead);
(ii) Naples-Foggia (with arrowhead);
(iii) Anzio (with arrowhead); and
(iv) Rome-Arno; and
(B) for its contributions, received the
Presidential Unit Citation (Army) and streamer
embroidered with ``SALERNO''.
(18) The 5th Ranger Infantry Battalion--
(A) participated in the campaigns of--
(i) Normandy (with arrowhead);
(ii) Northern France;
(iii) Rhineland;
(iv) Ardennes-Alsace; and
(v) Central Europe; and
(B) for its contributions, received--
(i) the Presidential Unit Citation (Army)
and streamer embroidered with ``NORMANDY
BEACHHEAD'';
(ii) the Presidential Unit Citation (Army)
and streamer embroidered with ``SAAR RIVER
AREA''; and
(iii) the French Croix de Guerre with
Silver-Gilt Star, World War II, and streamer
embroidered with ``NORMANDY''.
(19) The 6th Ranger Infantry Battalion--
(A) participated in the campaigns of--
(i) New Guinea;
(ii) Leyte (with arrowhead); and
(iii) Luzon; and
(B) for its contributions, received--
(i) the Presidential Unit Citation (Army)
and streamer embroidered with ``CABU, LUZON'';
and
(ii) the Philippine Presidential Unit
Citation and streamer embroidered with ``17
OCTOBER 1944 TO 4 JULY 1945''.
(20) The United States will be forever indebted to the
United States Army Rangers Veterans of World War II, whose
bravery and sacrifice in combat contributed greatly to the
military success of the United States and the allies of the
United States.
SEC. 4. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of Congress, of a single gold
medal of appropriate design to the United States Army Rangers Veterans
of World War II, in recognition of their dedicated service during World
War II.
(b) Design and Striking.--For the purposes of the award described
in subsection (a), the Secretary shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institute.--
(1) In general.--Following the award of the gold medal in
honor of the United States Army Rangers Veterans of World War
II, the gold medal shall be given to the Smithsonian
Institution, where the medal shall be--
(A) available for display, as appropriate; and
(B) made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other locations associated with--
(A) the United States Army Rangers Veterans of
World II; or
(B) World War II.
(d) Duplicate Medals.--Under regulations that the Secretary may
prescribe, the Secretary may strike and sell duplicates in bronze of
the gold medal struck under this section, at a price sufficient to
cover the cost of the medals, including the cost of labor, materials,
dies, use of machinery, and overhead expenses.
SEC. 5. STATUS OF MEDAL.
(a) National Medal.--The gold medal struck under section 4 shall be
a national medal for the purposes of chapter 51 of title 31, Unites
States Code.
(b) Numismatic Items.--For the purposes of section 5134 of title
31, United States Code, all medals struck under section 4 shall be
considered to be numismatic items.
|
United States Army Rangers Veterans of World War II Congressional Gold Medal Act This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a single gold medal to the U.S. Army Ranger veterans of World War II in recognition of their dedicated wartime service. Following its award, the gold medal shall be given to the Smithsonian Institution where it shall be available for display and research.
|
{"src": "billsum_train", "title": "United States Army Rangers Veterans of World War II Congressional Gold Medal Act"}
| 3,446 | 99 | 0.495806 | 1.132573 | 0.283052 | 4.630952 | 35.416667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weekends Without Hunger Act''.
SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(j) Weekends and Holidays Without Hunger.--
``(1) Definitions.--In this subsection:
``(A) At-risk school child.--The term `at-risk
school child' has the meaning given the term in section
17(r)(1).
``(B) Eligible institution.--
``(i) In general.--The term `eligible
institution' means a public or private
nonprofit institution that is determined by the
Secretary to be able to meet safe food storage,
handling, and delivery standards established by
the Secretary.
``(ii) Inclusions.--The term `eligible
institution' includes--
``(I) an elementary or secondary
school or school food service
authority;
``(II) a food bank or food pantry;
``(III) a homeless shelter; and
``(IV) such other type of emergency
feeding agency as is approved by the
Secretary.
``(2) Establishment.--The Secretary shall carry out a pilot
program under which the Secretary shall provide commodities to
eligible institutions to carry out projects to provide
nutritious food to at-risk school children on weekends and
during extended school holidays during the school year.
``(3) Eligibility.--
``(A) In general.--To be eligible to receive
commodities under this subsection, an eligible
institution shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may determine.
``(B) Plan.--An application under subparagraph (A)
shall include the plan of the eligible institution for
the distribution of nutritious foods to at-risk school
children, including--
``(i) methods of food service delivery to
at-risk school children;
``(ii) assurances that children receiving
foods under the project will not be publicly
separated or overtly identified;
``(iii) lists of the types of food to be
provided under the project and provisions to
ensure food quality and safety;
``(iv) information on the number of at-risk
school children to be served and the per-child
cost of providing the children with food; and
``(v) such other information as the
Secretary determines to be necessary to assist
the Secretary in evaluating projects that
receive commodities under this subsection.
``(4) Priority.--In selecting applications under this
subsection, the Secretary shall give priority to eligible
institutions that--
``(A) have on-going programs and experience serving
populations with significant proportions of at-risk
school children;
``(B) have a good record of experience in food
delivery and food safety systems;
``(C) maintain high quality control,
accountability, and recordkeeping standards;
``(D) provide children with readily consumable food
of high nutrient content and quality;
``(E) demonstrate cost efficiencies and the
potential for obtaining supplemental funding from non-
Federal sources to carry out projects; and
``(F) demonstrate the ability to continue projects
for the full approved term of the pilot project period.
``(5) Guidelines.--
``(A) In general.--The Secretary shall issue
guidelines containing the criteria for projects to
receive commodities under this section.
``(B) Inclusions.--The guidelines shall, to the
maximum extent practicable within the funds available
and applications submitted, take into account--
``(i) geographical variations in project
locations to include qualifying projects in
rural, urban, and suburban areas with high
proportions of families with at-risk school
children;
``(ii) different types of projects that
offer nutritious foods on weekends and during
school holidays to at-risk school children; and
``(iii) institutional capacity to collect,
maintain, and provide statistically valid
information necessary for the Secretary--
``(I) to analyze and evaluate the
results of the pilot project; and
``(II) to make recommendations to
Congress.
``(6) Evaluation.--
``(A) Interim evaluation.--Not later than November
30, 2013, the Secretary shall complete an interim
evaluation of the pilot program carried out under this
subsection.
``(B) Final report.--Not later than December 31,
2015, the Secretary shall submit to Congress a final
report that contains--
``(i) an evaluation of the pilot program
carried out under this subsection; and
``(ii) any recommendations of the Secretary
for legislative action.
``(7) Funding.--
``(A) In general.--For each of fiscal years 2011
through 2015, the Secretary shall use such sums as are
necessary, but not less than $10,000,000 of funds
appropriated under section 3, to purchase commodities
to carry out this subsection.
``(B) Availability of funds.--Funds made available
under subparagraph (A) shall remain available--
``(i) until expended; or
``(ii) if the Secretary determines that
unspent funds cannot be fully used for approved
pilot projects, until September 30, 2015.
``(C) Funding.--Not more than 3 percent of the
funds made available under subparagraph (A) may be used
by the Secretary for expenses associated with review of
the operations and evaluation of the projects carried
out under this subsection.''.
|
Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to implement a five-year pilot program providing commodities to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.)
Includes elementary and secondary schools, school food authorities, and emergency feeding agencies as eligible nonprofit recipients of such commodities.
Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary.
|
{"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch to establish a weekend and holiday feeding program to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year."}
| 1,223 | 157 | 0.623244 | 1.514688 | 0.779307 | 3.068027 | 7.931973 | 0.795918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection and
Volunteers for Children Improvement Act of 2002''.
SEC. 2. DEFINITIONS.
Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) by inserting after paragraph (10) the following:
``(10A) the term `qualified State program' means the
policies and procedures referred to in section 3(a)(1) of a
State that are in place in order to implement this Act,
including policies and procedures that require--
``(A) requests for national criminal history
background checks to be routinely returned to a
qualified entity not later than 20 business days after
the date on which the request was made;
``(B) authorized agencies to charge not more than
$18 for State background checks;
``(C) the designation of the authorized agencies
that may receive national criminal history background
check requests from qualified entities; and
``(D) the designation of the qualified entities
that shall submit background check requests to an
authorized agency;
``(10B) the term `routinely' means--
``(A) instances where 85 percent or more of
nationwide background check requests are returned to
qualified entities within 20 business days; or
``(B) instances where 90 percent or more of
nationwide background check requests are returned to
qualified entities within 30 business days; and''.
SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT
AND THE VOLUNTEERS FOR CHILDREN ACT.
Section 3 of the National Child Protection Act of 1993 (42 U.S.C.
5119a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``A State may'' and
inserting the following: ``Request.--A State
may'';
(ii) by inserting after ``procedures'' the
following: ``meeting the guidelines set forth
in subsection (b)'';
(iii) by inserting after ``regulation)''
the following: ``or a qualified State
program''; and
(iv) by striking ``convicted of'' and all
that follows through the period and inserting
``convicted of, or is under pending arrest or
indictment for, a crime that renders the
provider unfit to provide care to children, the
elderly, or individuals with disabilities.'';
(B) in paragraph (2)--
(i) by striking ``The authorized agency''
and inserting the following: ``Response.--The
authorized agency'';
(ii) by striking ``make reasonable efforts
to'';
(iii) by striking ``15'' and inserting
``20''; and
(iv) by adding at the end the following:
``The Attorney General shall respond to the
inquiry of the State authorized agency within
15 business days of the request. A State is not
in violation of this section if the Attorney
General fails to respond to the inquiry within
15 business days of the request.''; and
(C) by striking paragraph (3), and inserting the
following:
``(3) Absence of qualified state program.--
``(A) Request.--Not later than 12 months after the
date of enactment of the National Child Protection and
Volunteers for Children Improvement Act of 2002, a
qualified entity doing business in a State that does
not have a qualified State program may request a
national criminal background check from the Attorney
General for the purpose of determining whether a
provider has been convicted of, or is under pending
arrest or indictment for, a crime that renders the
provider unfit to provide care to children, the
elderly, or individuals with disabilities.
``(B) Review and response.--The Attorney General
shall respond to the request of a qualified entity made
under subparagraph (A) not later than 20 business days
after the request is made.''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``shall make''
and inserting ``may make''; and
(B) in paragraph (5)--
(i) by inserting after ``qualified entity''
the following: ``or by a State authorized
agency that disseminates criminal history
records information directly to qualified
entities''; and
(ii) by striking ``pursuant to subsection
(a)(3)''.
SEC. 4. DISSEMINATION OF INFORMATION.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended by adding at the end the following:
``SEC. 6. DISSEMINATION OF INFORMATION.
``Notwithstanding any other provision of law, the Attorney General
and authorized agencies of States may disseminate criminal history
background check record information to a qualified entity.
``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING.
``(a) In General.--The Attorney General shall establish an Office
for Volunteer and Provider Screening (referred to in this Act as the
`Office') which shall serve as a point of contact for qualified
entities to request a national criminal background check pursuant to
section 3(a)(3).
``(b) Model Guidelines.--The Office shall provide model guidelines
concerning standards to guide qualified entities in making fitness
determinations regarding care providers based upon the criminal history
record information of those providers.''.
SEC. 5. FEES.
Section 3(e) of the National Child Protection Act of 1993 (42
U.S.C. 5119a(e)) is amended--
(1) by striking ``In the case'' and inserting the
following:
``(1) In general.--In the case''; and
(2) by adding at the end the following:
``(2) Volunteer with qualified entity.--In the case of a
national criminal fingerprint background check conducted
pursuant to section 3(a)(3) on a person who volunteers with a
qualified entity, the fee collected by the Federal Bureau of
Investigation shall not exceed $5.
``(3) Provider.--In the case of a national criminal
fingerprint background check on a provider who is employed by
or applies for a position with a qualified entity, the fee
collected by the Federal Bureau of Investigation shall not
exceed $18.''.
SEC. 6. STRENGTHENING STATE FINGERPRINT TECHNOLOGY.
(a) Establishment of Model Program in each State to Strengthen
Criminal Data Repositories and Fingerprint Technology.--The Attorney
General shall establish a model program in each State and the District
of Columbia for the purpose of improving fingerprinting technology
which shall grant to each State funds to either--
(1) purchase Live-Scan fingerprint technology and a State-
vehicle to make such technology mobile and these mobile units
shall be used to travel within the State to assist in the
processing of fingerprint background checks; or
(2) purchase electric fingerprint imaging machines for use
throughout the State to send fingerprint images to the Attorney
General to conduct background checks.
(b) Additional Funds.--In addition to funds provided in subsection
(a), funds shall be provided to each State and the District of Columbia
to hire personnel to provide information and training to each county
law enforcement agency within the State regarding all requirements for
input of criminal and disposition data into the national criminal
history background check system under the National Child Protection Act
of 1993 (42 U.S.C. 5119 et seq.).
(c) Funding Eligibility.--States with a qualified State program
shall be eligible for not more than $2,000,000 under this section.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section sums sufficient to improve fingerprint
technology units and hire data entry improvement personnel in
each of the 50 States and the District of Columbia for each of
fiscal years 2004 through 2008.
(2) Availability.--Sums appropriated in accordance with
this section shall remain available until expended.
SEC. 7. PRIVACY PROTECTIONS.
(a) Information.--Information derived as a result of a national
criminal fingerprint background check request under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a) shall not be
adjusted, deleted, or altered in any way except as required by law for
national security purposes.
(b) Designated Representative.--
(1) In general.--Each qualified entity (as defined in
section 5 of the National Child Protection Act of 1993 (42
U.S.C. 5119c)) shall assign a representative in their
respective organization to receive and process information
requested under section 3 of the National Child Protection Act
of 1993 (42 U.S.C. 5119a).
(2) Deletion of information.--Each representative assigned
under paragraph (1) shall review the requested information and
delete all information that is not needed by the requesting
entity in making an employment decision.
(c) Criminal Penalties.--Any person who knowingly releases
information derived as a result of a national criminal fingerprint
background check to any person other than the hiring authority or
organizational leadership with the qualified entity shall be--
(1) fined $50,000 for each violation; or
(2) imprisoned not more than 1 year.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act--
(1) $100,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of fiscal years
2005 through 2008.
(b) Availability of Funds.--Sums appropriated in accordance with
this section shall remain available until expended.
Passed the Senate October 17, 2002.
Attest:
JERI THOMSON,
Secretary.
|
National Child Protection and Volunteers for Children Improvement Act of 2002 - (Sec. 3) Amends the National Child Protection Act of 1993 regarding national criminal background checks to: (1) authorize States to establish procedures to determine whether a provider is under either pending arrest or indictment for a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities; (2) direct the Attorney General to respond to such a State inquiry within 15 business days; and (3) permit a qualified entity to request a background check from the Attorney General if a State does not have a qualified program for making such requests.Exempts a State authorized agency from compliance with specified statutory procedures when it disseminates criminal history records information directly to qualified entities.(Sec. 4) Directs the Attorney General to establish an Office for Volunteer and Provider Screening to serve as a point of contact for qualified entities requesting a national criminal background check. Requires the Office to provide model standards to guide qualified entities in making fitness determinations based on criminal background information.(Sec. 5) Limits Federal Bureau of Investigation fees for a national criminal fingerprint background check to: (1) $5 for a check on a person who volunteers with a qualified entity; and (2) $18 for a check on a provider employed by or applying for a position with a qualified entity.(Sec. 6) Instructs the Attorney General to establish a model program in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State funds to purchase either: (1) Live-Scan fingerprint technology and a State-vehicle to make such technology mobile in units traveling within the State to assist in the processing of fingerprint background checks; or (2) electric fingerprint imaging machines for use throughout the State to send fingerprint images to the Attorney General to conduct background checks.Mandates provision of funds to each State and the District of Columbia to hire personnel to provide information and training to each county law enforcement agency within the State regarding all requirements for input of criminal and disposition data into the national criminal history background check system.Authorizes appropriations for FY 2004 through 2008.(Sec. 7) Sets forth privacy protections governing the dissemination of national criminal fingerprint background check information. Imposes criminal penalties for a violation of such protections.(Sec. 8) Authorizes appropriations for FY 2004 through 2008.
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{"src": "billsum_train", "title": "A bill to amend the National Child Protection Act of 1993, and for other purposes."}
| 2,208 | 532 | 0.554181 | 1.738342 | 0.66878 | 4.513393 | 4.4375 | 0.924107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deployed Service Members Financial
Security and Education Act of 2003''.
SEC. 2. ADDITIONAL ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND
FREQUENT MOBILIZATIONS.
(a) Allowance Payable.--(1) Chapter 7 of title 37, United States
Code, is amended by adding at the end the following new section:
``Sec. 437. Additional allowance for lengthy or numerous deployments
and frequent mobilizations
``(a) Monthly Allowance.--The Secretary of the military department
concerned shall pay a monthly allowance to a member of the armed forces
under the Secretary's jurisdiction for each month of deployment of the
member described in paragraph (1) of subsection (b) and each month of
active duty service of the member described in paragraph (2) of such
subsection.
``(b) Service Covered.--Subsection (a) applies to a member for the
following months:
``(1) A month that includes a day on which the member is
deployed and has, as of that day, been deployed for--
``(A) 191 consecutive days; or
``(B) 401 days or more out of the preceding 730
days.
``(2) A month that includes a day on which the member
serves on active duty to which the member, as a member of a
reserve component of an armed force, has been called or ordered
pursuant to a provision of law referred to in section
101(a)(13)(B) of title 10 for a period that begins within one
year after the date on which the member was released from
active duty served for a previous period under a call or order
pursuant to such a provision of law.
``(c) Amount.--The amount of the monthly allowance payable to a
member under this section is $1,000.
``(d) Payment of Claims.--A claim of a member for payment of the
monthly allowance under this section that is not fully substantiated by
the recordkeeping system applicable to the member under section 991(c)
of title 10 shall be paid if the member furnishes the Secretary
concerned with other evidence determined by the Secretary as being
sufficient to substantiate the claim.
``(e) Relationship to Other Allowances.--A monthly allowance
payable to a member under this section is in addition to the per diem
allowance payable under section 436 of this title and to any other pay
or allowance payable to the member under any other provision of law.
``(f) Definition of Deployed.--In this section, the terms
`deployed' and `deployment', with respect to a member, means that the
member is deployed or in a deployment within the meaning of section
991(b) of title 10 (including any definition of `deployment' prescribed
under paragraph (4) of that section).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 436 the
following new item:
``437. Additional allowance for lengthy or numerous deployments and
frequent mobilizations.''.
(b) Effective Date.--Section 437 of title 37, United States Code
(as added by subsection (a)), shall take effect on the date of the
enactment of this Act, and shall apply with respect to periods of
deployment or active duty that begin before, on, or after such date,
except that no allowance may be paid under such section for months that
begin before the month in which this Act is enacted.
SEC. 3. RELIEF ON EDUCATIONAL MATTERS FOR PERSONS IN THE MILITARY
SERVICE UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT
OF 1940.
(a) Applicability of Interest Rate Limitation to Student Loans.--
Section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 526) is amended--
(1) by inserting ``(a)'' before ``No obligation'';
(2) by designating the second sentence as subsection (c)
and indenting the left margin of such subsection, as so
designated, two ems; and
(3) by inserting after subsection (a), as designated by
paragraph (1) of this subsection, the following new subsection
(b):
``(b) Subsection (a) shall apply with respect to student loans,
including student loans under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), student loans under any other Federal
student loan program, or any other student loans.''.
(b) Preservation of Educational Status and Tuition.--Article VII.
of such Act (50 U.S.C. App. 590 et seq.) is amended by adding at the
end the following new section:
``Sec. 704. (a) A person in the military service who is enrolled as
a student at an institution of higher education at the time of entry
into the military service shall be granted a leave of absence from the
institution during the period of military service and for one year
after the conclusion of the military service.
``(b)(1) A person on a leave of absence from an institution of
higher education under subsection (a) shall be entitled, upon
completion of the leave of absence, to be restored to the educational
status such person had attained before entering into the military
service as described in that subsection without loss of academic
credits earned, scholarships or grants awarded, or, subject to
paragraph (2), tuition and other fees paid before the entry of the
person into the military service.
``(2)(A) An institution of higher education shall refund tuition or
fees paid or credit the tuition and fees to the next period of
enrollment after the person returns from the leave of absence, at the
option of the person. Notwithstanding the 180-day limitation referred
to in subsection (a)(2)(B) of section 484B of the Higher Education Act
of 1965 (20 U.S.C. 1091b), a person on a leave of absence under this
section shall not be treated as having withdrawn for purposes of such
section 484B unless the person fails to return upon the completion of
the leave of absence.
``(B) If a person requests a refund for a period of enrollment, the
percentage of the tuition and fees that shall be refunded shall be
equal to 100 percent minus--
``(i) the percentage of the period of enrollment (for which
the tuition and fees were paid) that was completed (as
determined in accordance with subsection (d) of such section
484B) as of the day the person withdrew, provided that such
date occurs on or before the completion of 60 percent of the
period of enrollment; or
``(ii) 100 percent, if the day the person withdrew occurs
after the person has completed 60 percent of the period of
enrollment.''.
|
Deployed Service Members Financial Security and Education Act of 2003 - Directs the Secretary of the military department concerned to pay a monthly $1,000 allowance to a member of the armed forces for each month of deployment in the case of a member who is deployed for: (1) 191 consecutive days; or (2) 401 or more of the preceding 730 days.Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to apply a provision limiting the rate of interest on student loans during a period of military service to all student loans, including loans under Title IV of the Higher Education Act of 1965.Requires a person in the military service who is enrolled in an institution of higher education at the time of entry into service to be granted a leave of absence from the institution during the period of service and for one year thereafter. Requires such person, after such leave of absence, to be restored to the same educational status (including academic credits, scholarships or grants, and amount of tuition) attained before entry into service. Requires the institution to refund, or provide a credit for, tuition or fees paid for the period covering the leave of absence.
|
{"src": "billsum_train", "title": "A bill to improve the benefits and protections provided for regular and reserve members of the Armed Forces deployed or mobilized in the interests of the national security of the United States."}
| 1,559 | 254 | 0.513574 | 1.396348 | 0.788927 | 4.513514 | 6.31982 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Urban Search and Rescue
Response System Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to clarify and codify the preparedness
and response authority of the National Urban Search and Rescue Response
System for Federal response to structural collapses resulting from acts
of terrorism and other incidents as determined by the Secretary.
SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 522. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) In General.--There is in the Department an emergency response
system to be known as the `National Urban Search and Rescue Response
System' (referred to in this section as the `System'). Through the
System, the Secretary shall provide for a national network of
standardized search and rescue resources to assist States and local
governments in responding to structural collapses resulting from acts
of terrorism and other incidents that the Secretary determines are
appropriate.
``(b) Administration of System.--The Secretary shall administer the
System as follows:
``(1) The Secretary shall select and designate task forces
to participate in the System. The Secretary shall determine the
criteria for such participation.
``(2) The Secretary shall enter into an agreement with the
sponsoring agency of each task force with respect to the
participation of the task force in the System.
``(3) A task force may include States, local governments,
private non-profit organizations, and for-profit entities as
participating agencies, at the discretion of the sponsoring
agency of the task force. The sponsoring agency may also, in
its discretion, allow the task force to include individuals not
otherwise associated with the sponsoring agency or a
participating agency in the task force.
``(4) The Secretary shall maintain such management and
other technical teams as the Secretary determines are necessary
to administer the System.
``(c) Preparedness Cooperative Agreements.--Subject to the
availability of appropriations for such purpose, the Secretary shall
enter into an annual preparedness cooperative agreement with each
sponsoring agency. Amounts made available to a sponsoring agency under
such a preparedness cooperative agreement shall be for the following
purposes:
``(1) Training and exercises with other Federal, State, and
local government response entities.
``(2) Acquisition and maintenance of equipment, including
interoperable communications and personal protective equipment.
``(3) Medical monitoring required for responder safety,
security, and health.
``(d) Response Cooperative Agreements.--The Secretary shall enter
into a response cooperative agreement with each sponsoring agency, as
appropriate, under which the Secretary agrees to reimburse the
sponsoring agency for costs incurred in responding to an incident
described in subsection (a).
``(e) Appointment Into Federal Service.--
``(1) In general.--In addition to the exercise of any other
authorities under this section, the Secretary may appoint a
System member for exercises, pre-incident staging, or major
disaster, emergency response, or training events sponsored or
sanctioned by the Agency without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service.
``(2) Employment status.--Regardless of any other
employment status, a System member who is appointed into
Federal service pursuant to this subsection is deemed an
employee of a Federal agency for all purposes except--
``(A) subchapter III of chapter 83 of title 5,
United States Code, pertaining to labor grievances,
appeal and review, or any applicable retirement system;
``(B) chapter 87 of title 5, United States Code,
pertaining to life insurance; and
``(C) chapter 89 of title 5, United States Code,
pertaining to health insurance, or other applicable
health benefits system unless the System member's
appointment results in the loss of coverage in a group
health benefits plan the premium of which has been paid
in whole or in part by a State or local government
contribution.
``(3) Compensation.--During a period of appointment into
Federal service pursuant to this subsection--
``(A) the Secretary shall reimburse, through the
sponsoring agency, the System member's pay and the
employer contribution to any State or local government
retirement, life insurance, or health benefit plans on
behalf of the System member. A System member shall not
be entitled to pay directly from the Agency; and
``(B) the Secretary shall reimburse, through the
sponsoring agency, the pay and employer contribution to
any State or local government retirement, life
insurance, or health benefit plans of an employee who
fills the position normally filled by a System member
appointed into Federal service pursuant to this
subsection to the extent that those costs are in excess
of the costs that would have been incurred had the
System member not been appointed into Federal service.
``(4) Personal injury, illness, disability, or death.--
``(A) In general.--A System member who is appointed
into Federal service pursuant to this subsection and
who suffers personal injury, illness, disability, or
death as a result of personal injury sustained while in
the performance of the member's duty during the
appointment into Federal service shall, for the
purposes of subchapter I of chapter 81 of title 5,
United States Code, be treated as though the member
were an employee (as defined by section 8101 of such
title) who had sustained the injury in the performance
of duty.
``(B) Election of benefits.--When a System member
(or, in the case of the death of the System member, the
System member's dependent) is entitled by reason of
injury, illness, disability, or death to benefits under
subchapter I of chapter 81 of title 5, United States
Code, and is also entitled to benefits from a State or
local government for the same injury, illness,
disability, or death, the System member (or such
dependent) shall elect which benefits the System member
will receive. The election shall be made not later than
1 year after the injury, illness, disability or death,
or such further time as the Secretary of Labor may
allow for reasonable cause shown. When made, the
election is irrevocable unless otherwise provided by
law.
``(C) Reimbursement for state or local benefits.--
In the event that a System member elects benefits from
a State or local government under subparagraph (B), the
Secretary may reimburse that State or local government
for the value of those benefits.
``(5) Liability.--A System member appointed into Federal
service pursuant to this subsection is deemed an employee of
the Agency for the purposes of the Federal Tort Claims Act and
any other Federal third party liability statute.
``(6) Employment and reemployment rights.--The following
apply with respect to a System member who is not a regular
full-time employee of a sponsoring agency or participating
agency during periods of appointment to Federal service
pursuant to this subsection:
``(A) Service as a System member shall be deemed
`service in the uniformed services' for purposes of
chapter 43 of title 38, United States Code, pertaining
to employment and reemployment rights of individuals
who have performed service in the uniformed services
(regardless of whether the individual receives
compensation for such participation). All rights and
obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as
provided for in chapter 43 of title 38, United States
Code.
``(B) Preclusion of giving notice of service by
necessity of appointment under this section shall be
deemed preclusion by `military necessity' for purposes
of section 4312(b) of title 38, United States Code,
pertaining to giving notice of absence from a position
of employment. A determination of such necessity shall
be made by the Secretary.
``(C) Subject to the availability of
appropriations, the Secretary may recognize employer
support of the deployment of National Urban Search and
Rescue Response System members, and their cooperation
to allow System members to receive authorized training.
``(f) Licenses and Permits.--If a System member who is appointed
into Federal service under this subsection holds a valid license,
certificate, or other permit issued by any State or other governmental
jurisdiction evidencing the member's qualifications in any
professional, mechanical, or other skill or type of assistance required
by the System, that System member shall be deemed to be performing a
Federal activity when rendering aid involving such skill or assistance.
``(g) Advisory Subcommittee.--
``(1) In general.--The Secretary shall establish and
maintain an advisory subcommittee of the National Advisory
Council established under section 508 to provide expert
recommendations to the Secretary in order to assist the
Secretary in administering the System.
``(2) Composition.--The advisory subcommittee shall be
composed of members from geographically diverse areas, and
shall include--
``(A) the chief officer or senior executive from at
least three sponsoring agencies;
``(B) the senior emergency manager from at least
two States that have sponsoring agencies; and
``(C) at least one representative recommended by
the leaders of the task forces.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2008 through 2012, $52,000,000
for the National Urban Search and Rescue Response System. Of any amount
made available pursuant to this subsection, not less than 80 percent of
such amount shall be provided equally to each of the task forces to be
used for preparedness activities.
``(i) Definitions.--In this section:
``(1) The term `participating agency' means a State or
local government, non-profit organization, or private
organization that has executed an agreement with a sponsoring
agency to participate in the System.
``(2) The term `sponsoring agency' means a State or local
government that is the sponsor of a task force designated by
the Secretary to participate in the System.
``(3) The term `System member' means an individual who is
not a regular full-time employee of the Federal Government, who
serves on a task force or on a System management or other
technical team.
``(4) The term `task force' means an urban search and
rescue team designated by the Secretary to participate in the
System.''.
(b) Conforming Amendments.--
(1) Applicability of title 5, united states code.--Section
8101(1) of title 5, United States Code, is amended--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by inserting ``; and''
after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(F) an individual who is a System member of the
National Urban Search and Rescue Response System, when
appointed into Federal service pursuant to section
522(f) of the Homeland Security Act of 2002.''.
(2) Inclusion as part of uniformed services for purposes of
userra.--Section 4303 of title 38, United States Code, is
amended--
(A) in paragraph (13), by adding at the end the
following: ``Such service also includes any authorized
exercises, pre-incident staging, or major disaster,
emergency response, or training events sponsored or
sanctioned by the Department of Homeland Security and
carried out by the National Urban Search and Rescue
Response System under section 522 of the Homeland
Security Act of 2002.''.
(B) in paragraph (16), by inserting after ``Public
Health Service,'' the following: ``, System members of
the National Urban Search and Rescue Response System
when engaged in any authorized exercise, pre-incident
staging, activation, or major disaster, emergency
response, or training event sponsored or sanctioned by
the Federal Emergency Management Agency,''.
|
National Urban Search and Rescue Response System Act of 2007 - Amends the Homeland Security Act of 2002 to codify provisions establishing in the Department of Homeland Security (DHS) the National Urban Search and Rescue Response System, under which the Secretary of Homeland Security shall provide for a national network of standardized search and rescue resources to assist state and local governments in responding to structural collapses resulting from terrorist acts and other incidents.
Directs the Secretary to: (1) select and designate task forces to participate in the System and determine criteria for participation; (2) enter into an agreement with the sponsoring agency of each task force regarding participation; and (3) maintain such management and technical teams as the Secretary deems necessary. Authorizes a task force to include states, local governments, private nonprofit organizations, and for-profit entities.
Directs the Secretary (subject to specified limitations) to enter into, with each sponsoring agency: (1) an annual preparedness cooperative agreement; and (2) a response cooperative agreement, under which the Secretary agrees to reimburse agency costs incurred in responding to incidents.
Authorizes the Secretary to appoint a System member for sponsored or sanctioned exercises, pre-incident staging, or major disaster, emergency response, or training events. Sets forth provisions regarding: (1) appointment into federal service, including employment status, compensation, treatment as an employee in the event of personal injury, illness, disability, or death, liability, and employment and re-employment rights; and (2) licenses and permits. Directs the Secretary to establish and maintain an advisory subcommittee of the National Advisory Council.
|
{"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish the National Urban Search and Rescue Response System."}
| 2,642 | 341 | 0.71146 | 2.149542 | 0.86927 | 4.173077 | 8.076923 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Guelff and Chris McCurley Body
Armor Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to
control this traffic within their own borders through the
exercise of their police power;
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor, a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, and the 1997 murder of Captain Chris
McCurley of the Etowah County, Alabama Drug Task Force by a
drug dealer shielded by protective body armor, demonstrate the
serious threat to community safety posed by criminals who wear
body armor during the commission of a violent crime;
(5) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal sentencing guidelines and the policy
statements of the Commission, as appropriate, to provide an appropriate
sentencing enhancement for any crime of violence (as defined in section
16 of title 18, United States Code) or drug trafficking crime (as
defined in section 924(c) of title 18, United States Code) (including a
crime of violence or drug trafficking crime that provides for an
enhanced punishment if committed by the use of a deadly or dangerous
weapon or device) in which the defendant used body armor.
(b) Sense of Congress.--It is the sense of Congress that any
sentencing enhancement under this section should be at least 2 levels.
SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY
VIOLENT FELONS.
(a) Definition of Body Armor.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
``(35) The term `body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.''.
(b) Prohibition.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor, if
that person has been convicted of a felony that is--
``(1) a crime of violence (as defined in section 16); or
``(2) an offense under State law that would constitute a
crime of violence under paragraph (1) if it occurred within the
special maritime and territorial jurisdiction of the United
States.
``(b) Affirmative Defense.--
``(1) In general.--It shall be an affirmative defense under
this section that--
``(A) the defendant obtained prior written
certification from his or her employer that the
defendant's purchase, use, or possession of body armor
was necessary for the safe performance of lawful
business activity; and
``(B) the use and possession by the defendant were
limited to the course of such performance.
``(2) Employer.--In this subsection, the term `employer'
means any other individual employed by the defendant's business
that supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.''.
(2) Clerical amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(c) Penalties.--Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
``(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.''.
SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
(a) Definitions.--In this section, the terms ``Federal agency'' and
``surplus property'' have the meanings given such terms under section 3
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484), the head of a Federal agency may donate body armor directly to
any State or local law enforcement agency, if such body armor--
(1) is in serviceable condition;
(2) is surplus property; and
(3) meets or exceeds the requirements of National Institute
of Justice Standard 0101.03 (as in effect on the date of
enactment of this Act).
(c) Notice to Administrator.--The head of a Federal agency who
donates body armor under this section shall submit to the Administrator
of General Services a written notice identifying the amount of body
armor donated and each State or local law enforcement agency that
received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in addition
to any other officer of the Department of Justice designated by
the Attorney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of
Investigation.
(C) The Commissioner of the Immigration and
Naturalization Service.
(D) The Director of the United States Marshals
Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury, in
addition to any other officer of the Department of the Treasury
designated by the Secretary of the Treasury, the following
officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco,
and Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret
Service.
(e) No Liability.--Notwithstanding any other provision of law, the
United States shall not be liable for any harm occurring in connection
with the use or misuse of any body armor donated under this section.
Passed the Senate May 14, 2001.
Attest:
GARY SISCO,
Secretary.
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James Guelff and Chris McCurley Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels.Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations.Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act.
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{"src": "billsum_train", "title": "A bill to limit access to body armor by violent felons and to facilitate the donation of Federal surplus body armor to State and local law enforcement agencies."}
| 1,995 | 285 | 0.544505 | 1.836761 | 0.62679 | 5.64257 | 7.405622 | 0.935743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawsuit Abuse Reduction Act of
2005''.
SEC. 2. ATTORNEY ACCOUNTABILITY.
Rule 11(c) of the Federal Rules of Civil Procedure is amended--
(1) by amending the first sentence to read as follows: ``If
a pleading, motion, or other paper is signed in violation of
this rule, the court, upon motion or upon its own initiative,
shall impose upon the attorney, law firm, or parties that have
violated this subdivision or are responsible for the violation,
an appropriate sanction, which may include an order to pay the
other party or parties for the reasonable expenses incurred as
a direct result of the filing of the pleading, motion, or other
paper, that is the subject of the violation, including a
reasonable attorney's fee.'';
(2) in paragraph (1)(A)--
(A) by striking ``Rule 5'' and all that follows
through ``corrected.'' and inserting ``Rule 5.''; and
(B) by striking ``the court may award'' and
inserting ``the court shall award''; and
(3) in paragraph (2), by striking ``shall be limited to
what is sufficient'' and all that follows through the end of
the paragraph (including subparagraphs (A) and (B)) and
inserting ``shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated, and
to compensate the parties that were injured by such conduct.
The sanction may consist of an order to pay to the party or
parties the amount of the reasonable expenses incurred as a
direct result of the filing of the pleading, motion, or other
paper that is the subject of the violation, including a
reasonable attorney's fee.''.
SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE
COMMERCE.
In any civil action in State court, the court, upon motion, shall
determine within 30 days after the filing of such motion whether the
action substantially affects interstate commerce. Such court shall make
such determination based on an assessment of the costs to the
interstate economy, including the loss of jobs, were the relief
requested granted. If the court determines such action substantially
affects interstate commerce, the provisions of Rule 11 of the Federal
Rules of Civil Procedure shall apply to such action.
SEC. 4. PREVENTION OF FORUM-SHOPPING.
(a) In General.--Subject to subsection (b), a personal injury claim
filed in State or Federal court may be filed only in the State and,
within that State, in the county (or if there is no State court in the
county, the nearest county where a court of general jurisdiction is
located) or Federal district in which--
(1) the person bringing the claim, including an estate in
the case of a decedent and a parent or guardian in the case of
a minor or incompetent--
(A) resides at the time of filing; or
(B) resided at the time of the alleged injury;
(2) the alleged injury or circumstances giving rise to the
personal injury claim allegedly occurred;
(3) the defendant's principal place of business is located,
if the defendant is a corporation; or
(4) the defendant resides, if the defendant is an
individual.
(b) Determination of Most Appropriate Forum.--If a person alleges
that the injury or circumstances giving rise to the personal injury
claim occurred in more than one county (or Federal district), the trial
court shall determine which State and county (or Federal district) is
the most appropriate forum for the claim. If the court determines that
another forum would be the most appropriate forum for a claim, the
court shall dismiss the claim. Any otherwise applicable statute of
limitations shall be tolled beginning on the date the claim was filed
and ending on the date the claim is dismissed under this subsection.
(c) Definitions.--In this section:
(1) The term ``personal injury claim''--
(A) means a civil action brought under State law by
any person to recover for a person's personal injury,
illness, disease, death, mental or emotional injury,
risk of disease, or other injury, or the costs of
medical monitoring or surveillance (to the extent such
claims are recognized under State law), including any
derivative action brought on behalf of any person on
whose injury or risk of injury the action is based by
any representative party, including a spouse, parent,
child, or other relative of such person, a guardian, or
an estate;
(B) does not include a claim brought as a class
action; and
(C) does not include a claim against a debtor in a
case pending under title 11 of the United States Code
that is a personal injury tort or wrongful death claim
within the meaning of section 157(b)(5) of title 28,
United States Code.
(2) The term ``person'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity, but not any governmental entity.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(d) Applicability.--This section applies to any personal injury
claim filed in Federal or State court on or after the date of the
enactment of this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in section 3 or in the amendments made by section 2 shall
be construed to bar or impede the assertion or development of new
claims or remedies under Federal, State, or local civil rights law.
SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE
RULE 11 VIOLATIONS.
(a) Mandatory Suspension.--Whenever a Federal district court
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in that Federal district court
during that attorney's career. If the court determines that the number
is 3 or more, the Federal district court--
(1) shall suspend that attorney from the practice of law in
that Federal district court for 1 year; and
(2) may suspend that attorney from the practice of law in
that Federal district court for any additional period that the
court considers appropriate.
(b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
(c) Reinstatement.--To be reinstated to the practice of law in a
Federal district court after completion of a suspension under
subsection (a), the attorney must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.
SEC. 7. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING
SAME ISSUE.
Whenever a party presents to a Federal court a pleading, written
motion, or other paper, that includes a claim or defense that the party
has already litigated and lost on the merits in any forum in final
decisions not subject to appeal on 3 consecutive occasions, and the
claim or defense involves the same plaintiff and the same defendant,
there shall be a rebuttable presumption that the presentation of such
paper is in violation of Rule 11 of the Federal Rules of Civil
Procedure.
SEC. 8. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING FEDERAL
COURT PROCEEDINGS.
Whoever willfully and intentionally influences, obstructs, or
impedes, or attempts to influence, or obstruct, or impede, a pending
Federal court proceeding through the willful and intentional
destruction of documents sought pursuant to the rules of such Federal
court proceeding and highly relevant to that proceeding--
(1) shall be punished with mandatory civil sanctions of a
degree commensurate with the civil sanctions available under
Rule 11 of the Federal Rules of Civil Procedure, in addition to
any other civil sanctions that otherwise apply; and
(2) shall be held in contempt of court and, if an attorney,
referred to one or more appropriate State bar associations for
disciplinary proceedings.
SEC. 9. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT.
(a) In General.--In any Rule 11 of the Federal Rules of Civil
Procedure proceeding, a court may not order that a court record not be
disclosed unless the court makes a finding of fact that identifies the
interest that justifies the order and determines that that interest
outweighs any interest in the public health and safety that the court
determines would be served by disclosing the court record.
(b) Applicability.--This section applies to any record formally
filed with the court, but shall not include any records subject to--
(1) the attorney-client privilege or any other privilege
recognized under Federal or State law that grants the right to
prevent disclosure of certain information unless the privilege
has been waived; or
(2) applicable State or Federal laws that protect the
confidentiality of crime victims, including victims of sexual
abuse.
Passed the House of Representatives October 27, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
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Lawsuit Abuse Reduction Act of 2005 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; and (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits.
(Sec. 3) Makes Rule 11 applicable to state civil actions where the state court determines, upon motion, that an action substantially affects interstate commerce.
(Sec. 4) Requires personal injury claims (defined to exclude class actions and personal injury claims brought against a debtor in bankruptcy proceedings) filed in state or federal court to be filed in the county or federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the Claim occurred; (3) the defendant's principal place of business is located; or (4) the defendant resides, if the defendant is an individual. Directs the trial court to determine which county or federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
(Sec. 6) Requires a federal district court to suspend from the practice of law for one year (or for an additional period at the court's discretion) an attorney who is found to have violated Rule 11 three or more times. Grants such attorney a right to appeal a suspension and permits reinstatement after suspension under procedures and conditions prescribed by the court.
(Sec. 7) Establishes a rebuttable presumption that an attempt to litigate, in any forum, a claim or defense involving the same plaintiff and defendant that has been litigated and lost on three consecutive prior occasions is a Rule 11 violation.
(Sec. 8) Imposes additional sanctions for the willful and intentional destruction of documents sought pursuant to the rules of, and highly relevant to, a federal court proceeding.
(Sec. 9) Requires public disclosure of the record of a Rule 11 proceeding unless the presiding judge determines that the interest justifying nondisclosure of the record outweighs any public health and safety interests served by disclosure. Exempts from disclosure records subject to the attorney-client or other recognized privilege, or state or federal laws that protect the confidentiality of crime victims, including victims of sexual abuse.
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{"src": "billsum_train", "title": "To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes."}
| 2,083 | 633 | 0.55524 | 1.968726 | 0.75934 | 3.362617 | 3.557009 | 0.88785 |
SECTION 1. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR
MISBRANDED DRUGS.
(a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(uu) The failure to comply with--
``(1) the notification requirement under section 568(a);
``(2) an order issued under paragraph (1) of section
568(c), following a hearing, if requested, under paragraph
(2)(C) of such section;
``(3) an order amended under paragraph (2) or paragraph (3)
of section 568(c); or
``(4) an emergency order issued under section 568(d).''.
(b) Nondistribution and Recall of Adulterated or Misbranded
Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end
the following:
``SEC. 568. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN
ADULTERATED OR MISBRANDED DRUGS.
``(a) Notification Regarding Certain Adulterated or Misbranded
Drugs.--
``(1) In general.--Any person required to register under
section 510 shall, as soon as practicable, notify the Secretary
of the identity and location of a drug, if such person has
reason to believe--
``(A) that such drug, when introduced into or while
in interstate commerce, or while held for sale
(regardless of whether the first sale) after shipment
in interstate commerce, is adulterated or misbranded;
and
``(B) there is a reasonable probability that the
use or consumption of, or exposure to, the drug (or an
ingredient or component used in any such drug) will
cause a threat of serious adverse health consequences
or death to humans or animals.
``(2) Manner of notification.--Notification under paragraph
(1) shall be made in such manner and by such means as the
Secretary may require by regulation or guidance.
``(b) Voluntary Recall.--The Secretary may request that any person
who distributes a drug that the Secretary has reason to believe is
adulterated, misbranded, or otherwise in violation of this Act
voluntarily--
``(1) recall such drug; and
``(2) provide for notice, including to individuals as
appropriate, to persons who may be affected by the recall.
``(c) Order To Cease Distribution and Recall Drug and Related
Procedures.--
``(1) Issuance of order.--If the Secretary has reason to
believe that the use or consumption of, or exposure to, a drug
(or an ingredient or component used in any such drug) may cause
serious adverse health consequences or death to humans or
animals, the Secretary shall have the authority to issue an
order requiring any person who distributes such drug--
``(A) to immediately cease distribution of such
drug; and
``(B) to provide for notice, including to
individuals as appropriate, to persons who may be
affected by such cessation of distribution.
``(2) Action following order.--
``(A) Cease distribution and notification.--Any
person who is subject to an order under paragraph (1)
shall immediately cease distribution of such drug and
provide notification as required by such order.
``(B) Appeal.--Any person who is subject to an
order under paragraph (1) may appeal within 24 hours of
issuance such order to the Secretary. Such appeal may
include a request for an informal hearing and a
description of any efforts to recall such drug
undertaken voluntarily by the person, including after a
request under subsection (b).
``(C) Informal hearing.--Except as provided in
subsection (d), if an appeal made under subparagraph
(B) contains a request for an informal hearing, such
hearing shall be held as soon as practicable, but not
later than 5 calendar days, or less as determined by
the Secretary, after such an appeal is filed, unless
the parties jointly agree to an extension.
``(D) Determination.--After affording an
opportunity for an informal hearing, the Secretary
shall determine--
``(i) whether--
``(I) the order under paragraph (1)
should be amended to require a recall
of such drug; or
``(II) inadequate grounds exist to
support the actions required by the
order; or
``(ii) that the order under paragraph (1)
was appropriate as issued.
``(E) Amendment or vacation of order.--
``(i) Amendment.--In the case of a
determination made under subparagraph
(D)(i)(I), the Secretary shall amend the order
made under paragraph (1) accordingly.
``(ii) Vacation.--In the case of a
determination made under subparagraph
(D)(i)(II), the Secretary shall vacate the
order made under paragraph (1).
``(3) Order to recall.--
``(A) Amendment.--Except as provided under
subsection (d), if after providing an opportunity for
an informal hearing under paragraph (2)(C), the
Secretary determines that the order should be amended
to include a recall of the drug with respect to which
the order was issued, the Secretary shall amend the
order to require a recall.
``(B) Contents.--An amended order under
subparagraph (A) shall--
``(i) specify a timetable in which the
recall will occur;
``(ii) require periodic reports to the
Secretary describing the progress of the
recall; and
``(iii) provide for notice, including to
individuals as appropriate, to persons who may
be affected by the recall.
In providing for such notice, the Secretary may allow
for the assistance of health professionals, State or
local officials, or other individuals designated by the
Secretary.
``(C) Nondelegation.--An amended order under this
paragraph shall be ordered by the Secretary or an
official designated by the Secretary. An official may
not be so designated unless the official is the
director of the district under this Act in which the
drug involved is located, or is an official senior to
such director.
``(d) Emergency Recall Order.--
``(1) In general.--If the Secretary has credible evidence
or information that a drug subject to an order under subsection
(c)(1) presents an imminent threat of serious adverse health
consequences or death to humans or animals, the Secretary may
issue an order requiring any person who distributes such drug--
``(A) to immediately recall such drug; and
``(B) to provide for notice, including to
individuals as appropriate, to persons who may be
affected by the recall.
``(2) Action following order.--
``(A) Recall and notification.--Any person who is
subject to an emergency recall order under this
subsection shall immediately recall such drug and
provide notification as required by such order.
``(B) Appeal.--
``(i) Timing.--Any person who is subject to
an emergency recall order under this subsection
may appeal within 24 hours after issuance such
order to the Secretary.
``(ii) Continuation of recall.--The person
subject to an emergency recall order shall
conduct the recall notwithstanding the pendency
of any appeal of such order.
``(C) Informal hearing.--An informal hearing shall
be held as soon as practicable but not later than 5
calendar days, or less as determined by the Secretary,
after an appeal under subparagraph (B) is filed, unless
the parties jointly agree to an extension.
``(D) Determination.--After affording an
opportunity for an informal hearing, the Secretary
shall determine--
``(i) whether--
``(I) the order under paragraph (1)
should be amended to require a recall
of such drug; or
``(II) inadequate grounds exist to
support the actions required by the
order; or
``(ii) that the order under paragraph (1)
was appropriate as issued.
``(E) Amendment or vacation of order.--
``(i) Amendment.--In the case of a
determination made under subparagraph
(D)(i)(I), the Secretary shall amend the order
made under paragraph (1) accordingly.
``(ii) Vacation.--In the case of a
determination made under subparagraph
(D)(i)(II), the Secretary shall vacate the
order made under paragraph (1).
``(3) Nondelegation.--An order under this subsection shall
be issued by the Commissioner of Food and Drugs, the Principal
Deputy Commissioner, or the Associate Commissioner for
Regulatory Affairs of the Food and Drug Administration.
``(e) Notice to Consumers and Health Officials.--The Secretary
shall, as the Secretary determines to be necessary, provide notice of a
recall order under this section to consumers to whom the drug was, or
may have been, distributed and to appropriate State and local health
officials.
``(f) Savings Clause.--Nothing contained in this section shall be
construed as limiting--
``(1) the authority of the Secretary to issue an order to
cease distribution of, or to recall, a drug under any other
provision of this Act or the Public Health Service Act; or
``(2) the ability of the Secretary to request any person to
perform a voluntary activity related to any drug subject to
this Act or the Public Health Service Act.''.
(c) Effective Date.--The amendments made by this section shall take
effect one year period after the date of the enactment of this Act.
|
Amends the Federal Food, Drug, and Cosmetic Act to require any registered producer of a drug or device to notify the Secretary of Health and Human Services (HHS), as soon as practicable, of the identity and location of a drug, if such person has reason to believe: (1) that such drug is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the drug will cause a threat of serious adverse health consequences or death to humans or animals.
Authorizes the Secretary to: (1) request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of the FFDCA voluntarily recall such drug; (2) issue an order requiring any person who distributes a drug that may cause serious adverse health consequences or death to humans or animals to immediately cease distribution of such drug; (3) amend the order to cease distribution to include a recall of the drug after an opportunity for an informal hearing; and (4) issue an order requiring an immediate recall of a drug if the Secretary has credible evidence or information that a drug subject to a cease distribution or recall order presents an imminent threat of serious adverse health consequences or death to humans or animals. Provides for notice to affected persons.
Prohibits the failure to comply with the notification requirements of, or orders issued pursuant to, this Act.
Requires the Secretary to provide notice of a recall order to consumers to whom the drug was, or may have been, distributed and to appropriate state and local health officials, as necessary.
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{"src": "billsum_train", "title": "To provide for the mandatory recall of adulterated or misbranded drugs."}
| 2,152 | 343 | 0.64325 | 1.942224 | 0.907182 | 5.59306 | 6.268139 | 0.949527 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Technology Utilization
Extension Assistance Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to improve the utilization of
educational technologies in elementary and secondary education by
creating an educational technology extension service based at
undergraduate institutions of higher education.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Extension services such as the Manufacturing Extension
Partnership and the Agricultural Extension Service have proven
to be effective public/private partnerships to integrate new
technologies and to improve utilization of existing
technologies by small to medium sized manufacturers and the
United States agricultural community.
(2) Undergraduate institutions of higher education working
with non-profit organizations, State, and Federal agencies can
tailor educational technology extension programs to meet
specific local and regional requirements.
(3) Undergraduate institutions of higher education, often
with the assistance of the National Science Foundation, have
for the past 20 years been integrating educational technologies
into their curricula, and as such they can draw upon their own
experiences to advise elementary and secondary school educators
on ways to integrate a variety of educational technologies into
the educational process.
(4) Many elementary and secondary school systems,
particularly in rural and traditionally under served areas,
lack general information on the most effective methods to
integrate their existing technology infrastructure, as well as
new educational technology, into the educational process and
curriculum.
(5) Most Federal and State educational technology programs
have focused on acquiring educational technologies with less
emphasis on the utilization of those technologies in the
classroom and the training and infrastructural requirements
needed to efficiently support those types of technologies. As a
result, in many instances, the full potential of educational
technology has not been realized.
(6) Our global economy is increasingly reliant on a
workforce not only comfortable with technology, but also able
to integrate rapid technological changes into the production
process. As such, in order to remain competitive in a global
economy, it is imperative that we maintain a work-ready labor
force.
(7) According to ``Teacher Quality: A Report on the
Preparation and Qualifications of Public School Teacher'',
prepared by the Department of Education, only 1 in 5 teachers
felt they were well prepared to work in a modern classroom.
(8) The most common form of professional development for
teachers continue to be workshops that typically last no more
than one day and have little relevance to teachers' work in the
classroom.
(9) A 1998 national survey completed by the Department of
Education found that only 19 percent of teachers had been
formally mentored by another teacher, and that 70 percent of
these teachers felt that this collaboration was very helpful to
their teaching.
SEC. 4. PROGRAM AUTHORIZED.
(a) General Authority.--The Director of the National Science
Foundation, in cooperation with the Secretary of Education and the
Director of the National Institute of Standards and Technology, shall
provide assistance for the creation and support of regional centers for
the utilization of educational technologies (hereinafter in this Act
referred to as ``ETU Centers'').
(b) Functions of Centers.--
(1) Establishment.--ETU Centers may be established at any
institution of higher education, but such centers may include
the participation of non-profit entities, organizations, or
groups thereof.
(2) Objectives of centers.--The objective of the ETU
Centers is to enhance the utilization of educational
technologies in elementary and secondary education through--
(A) advising of elementary and secondary school
administrators, school boards, and teachers on the
adoption and utilization of new educational
technologies and the utility of local schools' existing
educational technology assets and infrastructure;
(B) participation of individuals from the private
sector, universities, State and local governments, and
other Federal agencies;
(C) active dissemination of technical and
management information about the use of educational
technologies; and
(D) utilization, where appropriate, of the
expertise and capabilities that exists in Federal
laboratories and Federal agencies.
(3) Activities of centers.--The activities of the ETU
Centers shall include the following:
(A) The active transfer and dissemination of
research findings and ETU Center expertise to local
school authorities, including but not limited to school
administrators, school boards, and teachers.
(B) The training of teachers in the integration of
local schools existing educational technology
infrastructure into their instructional design.
(C) The training and advising of teachers,
administrators, and school board members in the
acquisition, utilization, and support of educational
technologies.
(D) Support services to teachers, administrators,
and school board members as agreed upon by ETU Center
representatives and local school authorities.
(E) The advising of teachers, administrators, and
school board members on current skill set standards
employed by private industry.
(c) Program Administration.--
(1) Proposed rules.--The Director of the National Science
Foundation, after consultation with the Secretary of Education
and the Director of the National Institute of Standards and
Technology, shall publish in the Federal Register, within 90
days after the date of the enactment of this Act, a proposed
rules for the program for establishing ETU Centers, including--
(A) a description of the program;
(B) the procedure to be followed by applicant;
(C) the criteria for determining qualified
applicants; and
(D) the criteria, including those listed in the
following sections, for choosing recipients of
financial assistance under this section from among
qualified applicants.
(2) Final rules.--The Director of the National Science
Foundation shall publish final rules for the program under this
Act after the expiration of a 30-day comment period on such
proposed rules.
(d) Eligibility and Selection.--
(1) Applications required.--Any undergraduate institution
of higher education, consortia of such institutions, non-profit
organizations, or groups thereof may submit an application for
financial support under this section in accordance with the
procedures established under subsection (c). In order to
receive assistance under this Act, an applicant shall provide
adequate assurances that will contribute 50 percent or more of
the proposed Center's capital and annual operating and
maintenance costs.
(2) Selection.--The Director of the National Science
Foundation, in conjunction with the Secretary of Education and
the Director of the National Institute of Standards and
Technology, shall subject each application to competitive,
merit review. In making a decision whether to approve such
application and provide financial support under this section,
the Director of the National Science Foundation shall consider
at a minimum--
(A) the merits of the application, particularly
those portions of the application regarding the
adaption of training and educational technologies to
the needs of particular regions;
(B) the quality of service to be provided;
(C) the geographical diversity and extent of
service area, with particular emphasis on rural and
traditionally underdeveloped areas; and
(D) the percentage of funding and amount of in-kind
commitment from other sources.
(3) Evaluation.--Each ETU Center which receives financial
assistance under this section shall be evaluated during its
third year of operation by an evaluation panel appointed by the
Director of the National Science Foundation. Each evaluation
panel shall measure the involved Center's performance against
the objectives specified in this section. Funding for an ETU
Center shall not be renewed unless the evaluation is positive.
SEC. 6. DEFINITION.
As used in this Act, the term ``institution of higher education''
has the meaning given that term by section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
|
Educational Technology Utilization Extension Assistance Act - Requires the Director of the National Science Foundation (NSF), in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology (NIST), to provide assistance for the creation and support of regional centers for the utilization of educational technologies (ETU Centers). Allows ETU Centers to be established at any institution of higher education, and to include the participation of non-profit entities and organizations.
Requires ETU Centers to enhance the use of educational technologies in elementary and secondary education through: (1) advising school administrators, school boards, and teachers on adopting and using new educational technologies and the usefulness of local schools' existing educational technology assets and infrastructure; (2) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies; (3) active dissemination of technical and management information about the use of educational technologies; and (4) appropriate use of the expertise and capabilities that exist in Federal laboratories and Federal agencies.
Requires ETU Centers' activities to include: (1) active transfer and dissemination of research findings and ETU Center expertise to local school authorities; (2) training teachers in integrating schools' existing educational technology infrastructure into their instructional design; (3) training and advising teachers, administrators, and school board members in acquiring, using, and supporting educational technologies; (4) support services to teachers, administrators, and school board members; and (5) advising teachers, administrators, and school board members on current skill set standards employed by private industry.
Sets forth requirements for program administration and application and selection procedures. Allows any undergraduate institution of higher education, consortia of such institutions and non-profit organizations to apply for financial support in accordance with the procedures. Requires each applicant to provide adequate assurances that it will contribute 50 percent or more of the proposed ETU Center's capital and annual operating and maintenance costs.
Requires the NSF Director, in conjunction with the Secretary of Education and the NIST Director, to subject each application to competitive merit review, including specified considerations. Requires each ETU Center to be evaluated during its third year of operation. Requires a positive evaluation for renewal of funding.
|
{"src": "billsum_train", "title": "Educational Technology Utilization Extension Assistance Act"}
| 1,557 | 467 | 0.529186 | 1.829489 | 0.805745 | 4.300459 | 3.626147 | 0.928899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to Drugs for
Rare Diseases Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Rare diseases and disorders are those which affect
small patient populations, defined as fewer than 200,000
individuals in the United States. Taken together, 25,000,000
Americans suffer from one of the 6,000 rare diseases and
disorders.
(2) Because prescription drug manufacturers could not make
a profit from marketing drugs for such small patient
populations, very little ``rare disease'' research was
conducted prior to 1983. Only 10 orphan drugs existed at that
time.
(3) The Orphan Drug Act, signed into law in 1983, created
financial incentives for the research, development, production
and distribution of such orphan drugs.
(4) Since 1983, more than 240 new orphan drugs have been
developed, approved, and marketed in the United States and more
than 800 additional drugs are in the research pipeline.
(5) The tremendous success of the Orphan Drug Act cannot be
taken for granted because--
(A) patient access to the more expensive orphan
drugs is a continuing problem; and
(B) there is a need to stimulate more research for
the millions of Americans and thousands of rare
diseases for which there are not yet effective
therapies.
(6) When Congress adopted the medicare hospital outpatient
prospective payment system (HOPPS) in 1999, it defined orphan
drugs based on the Federal Food, Drug and Cosmetic (FFD&C) Act
and placed such orphan drugs in a category that provided
sufficient reimbursement to assure continuing access for rare
disease patients.
(7) Despite expressions of concern from Congress, the HOPPS
regulation for 2003 does not continue this policy and, instead,
uses a definition of orphan drugs that is not supported by the
history of the Orphan Drug Act and forces most orphan drugs
into categories in which they are reimbursed at levels
significantly below hospital acquisition costs.
(8) Unless medicare provides adequate reimbursement for
orphan drugs, hospitals are much less likely to have them
available for beneficiaries with rare diseases, such as
cervical dystonia, alpha-1 antitripsin deficiency, rare
cancers, porphyria, sickle cell anemia, Tourette syndrome,
cystic fibrosis, and amyotrophic lateral sclerosis (Lou
Gehrig's disease).
(b) Purpose.--The purpose of this Act is to assure that medicare
beneficiaries with rare diseases have continued access to orphan drugs
in the hospital outpatient setting and that the FFD&C Act definition of
rare diseases is used by the medicare program.
SEC. 3. PAYMENT FOR ORPHAN DRUGS AND BIOLOGICALS UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT
SERVICES.
(a) Payment for Orphan Drugs and Biologicals.--
(1) In general.--Section 1833(t)(1)(B) of the Social
Security Act (42 U.S.C. 1395l(t)(1)(B)) is amended--
(A) by striking the period at the end of clause
(iv) and inserting a semi-colon; and
(B) by inserting at the end the following new
clauses:
``(v) for periods before January 1, 2007,
does not include a drug or biological that has
been designated as an orphan drug under section
526 of the Federal Food, Drug and Cosmetic Act
or a drug or biological which is described
under the same Healthcare Procedure Coding
System product code (or product code under a
successor coding system designated in
regulations promulgated under section 1173(c)),
has the same non-proprietary name, or is the
`same drug' as that term is defined by the Food
and Drug Administration under regulations
promulgated under section 527 of the Federal,
Food, Drug and Cosmetic Act; and
``(vi) for periods before January 1, 2007,
does not include blood clotting factors for
individuals with hemophilia for which a
biologics license application under subsection
(a) of section 351 of the Public Health Service
Act has been submitted on or before December
31, 2002.''.
(2) Considerations in applying exemption rules.--
(A) In general.--In determining whether a drug or
biological is excluded from the prospective payment
system under section 1833(t) of the Social Security Act
(42 U.S.C. 1395l(t)) for hospital outpatient department
services by reason of the amendment made by paragraph
(1), the Secretary shall not take into account the fact
that a drug or biological may have uses that have not been designated
as an orphan drug under section 526 of the Federal Food, Drug and
Cosmetic Act.
(B) Exception for high volume claims.--
Notwithstanding subparagraph (A), for any drug or
biological that would otherwise be covered by the
amendment made by paragraph (1), if the number of
claims submitted by hospitals for covered OPD services
(as defined in section 1833(t)(1)(B) of such Act (42
U.S.C. 1395l(t)(1)(B)) without regard to clauses (v)
and (vi) of such section) for such drug or biological
administered exceeds 30,000 for the year from which
claims are reviewed to determine payment rates for a
given year, the exclusion under such amendments shall
apply only to the indications for which the drug has
been designated under section 526 of the Food, Drug and
Cosmetic Act or which are included on the Rare Diseases
List maintained by the Office of Rare Diseases of the
National Institutes of Health.
(C) Treatment for high volume claims.--In the case
of a drug or biological that, with respect to which the
Secretary determines that more than 30,000 claims for
the drug or biological has been submitted in a year for
covered OPD services as described in subparagraph (B),
that drug or biological shall be considered to exceed
30,000 claims for all succeeding years.
(3) Payment methodology.--In the case of a drug or
biological covered by the amendment made by paragraph (1),
payment for the drug or biological shall be made under section
1842(o)(1) of the Social Security Act (42 U.S.C. 1395u(o)(1)).
(4) Exemption from inherent reasonableness authority.--
Section 1842(b)(8)(A)(i)(I) of the Social Security Act (42
U.S.C. 1395u(b)(8)(A)(i)(I)) is amended by inserting after
``paid under section 1848'' the following: ``and other than
drugs and biologicals and blood clotting factors for
individuals with hemophilia excluded from the prospective
payment system for covered OPD services under clauses (v) or
(vi) of section 1833(t)(1)(B).''.
(b) Report.--Not later than July 1, 2006, the Secretary shall
submit to the Committees on Ways and Means and Energy and Commerce of
the House of Representatives and the Committee on Finance of the Senate
a report on payment for orphan drugs and biologicals and blood clotting
factors for individuals with hemophilia in the hospital outpatient
setting including recommendations for either continuing or
discontinuing the exclusion of such drugs and biologicals from payment
under section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)).
Such report shall include the following:
(1) Recommendations for methods to appropriately reflect
the actual costs of orphan drugs and biologicals and blood
clotting factors for individuals with hemophilia under such
section. Such methods shall be designed to ensure that the
payment rate established for each drug and biological
adequately reimburses hospitals for the costs associated with
acquiring and dispensing such product, including pharmacy
service and overhead costs.
(2) The impact of making payment for orphan drugs and
biologicals and blood clotting factors for individuals with
hemophilia under such section 1833(t) on access to such drugs
and biologicals by patients with rare diseases.
In preparing this report, the Secretary shall consult with patients,
physicians, providers of services and suppliers of orphan drugs and
biologicals and blood clotting factors for individuals with hemophilia
as well as other organizations involved in the distribution of such
drugs and biologicals to such patients, physicians, providers of
services and suppliers.
(c) Moratorium on Decreases in Payment Rates.--Notwithstanding any
other provision of law, effective for orphan drugs and biologicals and
blood clotting factors for individuals with hemophilia furnished by
hospital outpatient departments on or after January 1, 2007, the
Secretary may not directly or indirectly decrease the rates of
reimbursement in effect on December 31, 2006 for such orphan drugs and
biologicals and blood clotting factors for individuals with hemophilia
any earlier than six months after the date that the Secretary has
submitted to Congress the report required under section (b).
(d) Effective Date.--The amendments made by subsection (a) shall
apply with respect to items furnished on or after January 1, 2004.
|
Medicare Patient Access to Drugs for Rare Diseases Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to revise the methodology by which payment for orphan drugs and biologicals is made under the Medicare prospective payment system for hospital outpatient department (OPD) services.
Directs the Secretary to report to specified congressional committees on payment for orphan drugs and biologicals and blood clotting factors for individuals with hemophilia in the OPD setting, including recommendations for either continuing or discontinuing the exclusion of such drugs and biologicals from payment under Medicare.
Provides for a moratorium on decreases in payment rates for orphan drugs and biologicals and blood clotting factors for certain individuals with hemophilia.
|
{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to revise the methodology by which payment for orphan drugs and biologicals is made under program prospective payment system for hospital outpatient department services under the Medicare Program."}
| 1,997 | 164 | 0.413785 | 1.232967 | 0.577195 | 4.428571 | 13.888889 | 0.936508 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Educational Reform
and Flexibility Act of 1993'' or ``Ed-Flex''.
SEC. 2. STATEMENT OF FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) historically, Federal education programs have addressed
the Nation's most pressing educational problems by providing
categorical assistance with detailed requirements relating to
the use of funds;
(2) while the approach described in paragraph (1) has
proven generally successful, some program requirements may
inadvertently impede educational achievement;
(3) the Nation's schools and teachers are being asked to
deal effectively with increasingly diverse educational needs
that current program structures may not be flexible enough to
address;
(4) Federal mandates often limit teachers' ability to
respond to individual student needs; and
(5) in order for this Nation to effectively compete in the
global economy, it is crucial for the Federal Government to
support programs that--
(A) result in improved educational achievement by
all students;
(B) promote the coordination of education and
related services that benefit and support children and
their families;
(C) enable teachers and schools to respond to the
needs of a diverse student population;
(D) provide flexibility to teachers and schools by
eliminating unnecessary regulation; and
(E) place an emphasis on program results rather
than on tracking resources.
(b) Purpose.--It is the purpose of this title to establish a
national demonstration program which--
(1) promotes improved educational achievement for all
students, especially those in affected programs, through
education reform;
(2) provides increased flexibility for schools and other
recipients in the use of Federal resources, in exchange for
greater accountability for achieving improved educational
performance;
(3) encourages collaboration among school and program
administrators, teachers, parents, local agencies, community
groups, and business leaders to develop more effective
educational programs that meet the needs of all students,
especially the disadvantaged, and those served by the affected
programs.
SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED
SERVICES.
(a) In General.--Subpart 1 of Part C of the General Education
Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after
section 421A a new section 421B to read as follows:
``flexibility and accountability in education and related services
``Sec. 421B. (a) Program Authorized.--
``(1) In general.--(A) The Secretary shall, in accordance
with this section, assist elementary and secondary schools and
other service providers to improve the achievement of all
students and other participants, but particularly disadvantaged
individuals, by authorizing waivers to not more than six
States, which have implemented comprehensive regulatory reform
plans, and no more than fifty local educational agencies in
each State.''
``(B)(i) In support of these projects, the Secretary is
authorized to waive any statutory or regulatory requirement
(except as provided in subsection (e) applicable to a program
described in clause (ii) that the Secretary determines may
impede the ability of a school or other service provider to
meet the special needs of such students and other individuals
in the most effective manner possible. The head of any other
Federal agency in accordance with the programs described in
clause (ii) is similarly authorized to waive such requirements
applicable to an elementary, secondary, or youth vocational
training program administered by such agency if the agency head
the Secretary agree that such a waiver would promote the
purpose of this section.
``(ii) The Secretary shall only waive a statutory or
regulatory requirement applicable to a program under--
``(I) chapter 1 of title I of the Elementary and
Secondary Education Act of 1965;
``(II) chapter 2 of the Elementary and Secondary
Education Act of 1965;
``(III) the Dwight D. Eisenhower Mathematics and
Science Education Act;
``(IV) the Follow Through Act;
``(V) subtitle B of the title VII of the Stewart B.
McKinney Homeless Assistance Act; and
``(VI) the Carl D. Perkins Vocational and Applied
Technology Education Act, except part H of title III
and funds allocated by States under section 232 of such
Act.
``(2) Project duration.--Projects conducted under this
section, and any waivers associated with such projects, shall
last no longer than three years, except that the Secretary may
extend a project and any associated waivers for an additional
two years if the Secretary determines that the project is
making substantial progress in meeting its goals.
``(3) Termination.--The Secretary shall terminate a project
and its associated waivers if the Secretary, at any time,
determines it is not making acceptable progress toward meeting
its goals. The head of any other Federal agency who has granted
waivers under this section shall determine whether to extend or
terminate those waivers, but the Secretary shall have exclusive
authority to extend or terminate the project.
``(b) Eligibility.--
``(1) In general.--Each project that involves elementary of
secondary schools shall include the participation of a local
educational agency and at least two schools.
``(2) Grade and program requirement.--To the extent
possible, each grade and academic program in a participating
school shall participate in the project.
``(c) Applications.--A local educational agency, wishing to conduct
a project under this section, shall submit an application to the State
educational agency for approval. The State educational agency shall
then transmit approved applications to the Secretary. Each application
shall be submitted within two years of enactment and include a plan
that--
``(1) describes the purposes and overall expected outcomes
of the project;
``(2) identifies, for each school or site participating in
the project, those impediments to improved educational outcomes
that would be removed by the proposed waivers;
``(3) identifies the Federal programs to be included in the
project, the Federal statutory or regulatory requirements to be
waived, and the purpose and duration of the requested waivers;
``(4) describes the State and local requirements that will
be waived, the purpose of such waivers, and, if such
requirements will not have been waived before the project
begins, when those waivers will be obtained and take effect;
``(5) demonstrates the State has been made an effort to
waive substantial requirements pertaining to the local
educational agency;
``(6) describes specific, measurable, educational
improvement goals for each school or other site in the project
and for each school year of the project, including--
``(A) goals for improving the achievement of all
participants, including disadvantaged individuals, with
respect to achievement in basic and advanced skills;
``(B) goals that reflect the broad purposes of each
program for which a waiver is sought; and
``(C) an explanation of how the applicant will
measure progress in meeting the goals set for each
school or site in the project for disadvantaged
individuals participating in the project;
``(7) incorporates the comments of the Governor; and
``(8) for projects involving elementary or secondary
schools--
``(A) identifies the schools to be included in the
project and describes the student population at each
school, including--
``(i) current data regarding the
achievement of the disadvantaged students as
well as other students; and
``(ii) the number of students who--
``(I) are of limited English
proficiency as defined in section
7003(a)(1) of the Bilingual Education
Act;
``(II) are children with
disabilities, as defined in section
602(a)(1) of the Individuals with
Disabilities Education Act;
``(III) are currently or formerly
migratory;
``(IV) are educationally deprived,
for the purposes of chapter 1 of title
I of the Elementary and Secondary
Education Act of 1965; and
``(V) are eligible for a free or
reduced price school lunch;
``(B) describes specific goals for enhancing
coordination between the regular education program
available to all students and the programs serving
disadvantaged students;
``(C) if fewer than all the schools in a local
educational agency will participate in a project,
describes the expected educational outcomes for
disadvantaged students in schools that do not
participate, and how those outcome will be assessed;
``(D) describes how school administrators,
teachers, staff, and parents (including parents of
educationally disadvantaged children) have been or will
be, involved in the planning, development, and
implementation of the goals and program for each
participating school; and
``(E) contains goals for students targeted by the
programs described in clause (ii) of section 421B(a)
(1)(B) which are comparable to or exceed existing goals
under such programs.
``(d) Approval of Projects.--
``(1) In general.--The Secretary shall approve applications
from no more than six States which have implemented
comprehensive regulatory reform, and no more than fifty local
educational agencies in each State, after considering--
``(A) the comprehensiveness of the project,
including the types of students, schools, programs, and
activities to be included;
``(B) the extent to which the provisions for which
waivers are sought impede educational improvement;
``(C) the State and local requirements that will be
waived for the project;
``(D) the significance and feasibility of the
proposed project's goals for each participating school
or site;
``(E) the quality of the plan for ensuring
accountability for the proposed plan's activities and
goals; and
``(F) the comments of the Governors.
``(2) Consultation.--The Secretary shall consult with the
heads of other appropriate Federal agencies, if any, in
determining whether to approve a project. Each such agency head
shall notify the Secretary of any waivers granted by such
agency head as part of such project.
``(3) Distribution of projects.--The Secretary shall ensure
that, to the extent feasible, projects assisted under this
section are geographically distributed, and equitably
distributed among urban, suburban, and rural areas, as well as
large and small schools.
``(e) Allocation of Federal Funds; Restriction on Waivers.--
``(1) Allocation of federal funds.--Federal funds under any
program that are used to support a project under this section
shall be allocated to local educational agencies and other
recipients within the local educational agency in accordance
with the statutory and regulatory requirements that govern the
operation of that program, except that, for the purpose of such
a project, the Secretary (or the head of any other Federal
agency) may extend the duration of, and provide continuation
funding to, a project chosen on a competitive basis that a
participating agency is conducting.
``(2) Restriction on waivers.--Neither the Secretary nor
the head of any other Federal agency shall waive under this
section any statutory or regulatory requirement in awarding a
grant after the date of enactment to a service provider within
the local educational agency or other applicant participating
in a project under this section.
``(3) Special rule.--Neither the Secretary nor, where
applicable, the head of any other Federal agency shall waive
under this section any statutory or regulatory requirement--
``(A) under section 438 and 439 of the General
Education Provisions Act;
``(B) under title VI of the Civil Rights Act of
1964, section 504 of the Rehabilitation Act of 1973,
title IX of the Education Amendments of 1972, or title
II of the Americans with Disabilities Act;
``(C) under the Individuals with Disabilities
Education Act; or
``(D) relating to--
``(i) supplement not supplant existing
funds;
``(ii) maintenance of effort;
``(iii) comparability; or
``(iv) the equitable participation of
students attending private schools.
``(f) Reports and Evaluations.--
``(1) Project reports.--Each project shall submit, not
later than ninety days after the end of each year of the
project, an annual report to the Secretary that--
``(A) summarizes the principal activities of the
project;
``(B) contains school-by-school and other data, as
described in the project plan, that show the extent to
which the project is meeting its overall goals,
including its goals for improving the achievement of
all participants, particularly disadvantaged
individuals, with respect to achievement in basic and
advanced skills, and is meeting the goals for each
school or other site;
``(C) describes the impact of the project on
disadvantaged children in schools, if any, that are not
participating in the demonstration;
``(D) describes the effectiveness of efforts to
coordinate programs and services for children and their
families as appropriate; and
``(E) provides information on or comparable data
regarding the programs described in clause (ii) of
section 428B(a)(1)(B) of achievement levels of students
served pursuant to such programs previously
demonstrated over the preceding three years compared
with children or students served under this title.
``(2) Secretary's report.--The Secretary shall submit a
report to the Congress every two years that summarizes and
analyzes the project reports required by paragraph (1).
``(3) Evaluation reports.--At the end of the six year
period described in this section, and at such interim points as
the Secretary deems appropriate, the Secretary shall provide to
Congress an independent evaluation of the projects assisted
under this title, as well as an evaluation of the program
assisted under this section by the Department of Education and
other affected Federal agencies. Such reports may include
recommendations for amendments to program statutes that are
based on the experience of projects that successfully raise
educational achievement by eliminating or modifying statutory
or regulatory provisions that impede educational improvement.
``(g) Definition.--For the purpose of this section, the term
disadvantaged students' includes students of limited english
proficiency, children with disabilities, students who are currently or
formerly migratory, and students who are educationally deprived.
``(h) Budget Neutrality.--The authority provided by this section
shall not be exercised in a manner that, for any fiscal year, increases
total obligations or outlays of discretionary appropriations for
programs subject to such authority, or that increases total obligations
or outlays of funding for all direct-spending programs subject to such
authority over those that would have occurred absent such authority.''.
(b) Sunset Provision.--The amendment made by subsection (a) shall
be effective during the six year period beginning on the date of
enactment of this Act.
|
Educational Reform and Flexibility Act of 1993 (Ed-Flex) - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services.
Directs the Secretary of Education to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing a limited number of waivers by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Limits such waivers to not more than: (1) six States which have implemented comprehensive regulatory reform plans; and (2) 50 LEAs within each SEA of such States.
Authorizes the Secretary to only waive a statutory or regulatory requirement applicable to a program under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program administered by such agencies.
Limits duration of projects and associated waivers.
Requires each project that involves elementary or secondary schools to include participation of an LEA and at least two schools. Requires, to the extent possible, project participation by each grade and academic program in a participating school.
Sets forth application and planning requirements.
Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of specified Federal laws relating to individuals with disabilities.
Sets forth requirements for reports, evaluations, budget neutrality, and a sunset provision.
|
{"src": "billsum_train", "title": "Ed-Flex"}
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TITLE I--THE DISABLED VETERANS MEMORIAL
SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL.
(a) In General.--Notwithstanding section 3(c) of Public Law 99-652,
as amended (40 U.S.C. 1003(c)), the Disabled Veterans' LIFE Memorial
Foundation is authorized to establish a memorial on Federal land in the
District of Columbia or its environs to honor disabled veterans who
have served in the Armed Forces of the United States.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the memorial authorized by subsection (a) shall be in
accordance with the Act entitled ``An Act to provide standards for
placement of commemorative works on certain Federal lands in the
District of Columbia and its environs, and for other purposes'',
approved November 14, 1986 (40 U.S.C. 1001 et seq.).
SEC. 102. PAYMENT OF EXPENSES.
The Disabled Veterans' LIFE Memorial Foundation shall be solely
responsible for acceptance of contributions for, and payment of the
expenses of, the establishment of the memorial authorized by section
1(a). No Federal funds may be used to pay any expense of the
establishment of the memorial.
SEC. 103. DEPOSIT OF EXCESS FUNDS.
If, upon payment of all expenses of the establishment of the
memorial authorized by section 1(a) (including the maintenance and
preservation amount provided for in section 8(b) of the Act referred to
in section 1(b)), or upon expiration of the authority for the memorial
under section 10(b) of such Act, there remains a balance of funds
received for the establishment of the memorial, the Disabled Veterans'
LIFE Memorial Foundation shall transmit the amount of the balance to
the Secretary of the Treasury for deposit in the account provided for
in section 8(b)(1) of such Act.
TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS
SEC. 201. SHORT TITLE
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2000''.
SEC. 202. REFERENCE TO COMMEMORATIVE WORKS ACT.
(a) In this title the term ``Act'' means the Commemorative Works
Act of 1986, as amended (Public Law 99-652; 40 U.S.C. 1001 et seq.).
SEC. 203. CLARIFICATIONS AND REVISIONS TO THE ACT.
(a) Section 1(b) of the Act (40 U.S.C. 1001(b)) is amended by
striking the semicolon and inserting ``and its environs, and to
encourage the location of commemorative works within the urban fabric
of the District of Columbia;''.
(b) Section 2 of the Act (40 U.S.C. 1002) is amended as follows:
(1) In subsection (c) by striking ``or a structure which is
primarily used for other purposes'' and inserting ``that is not
a commemorative work as defined by this Act'';
(2) In subsection (d) by striking ``person'' and inserting
``sponsor'';
(3) In subsection (e) by striking ``Areas I and II as
depicted on the map numbered 869/86501, and dated May 1, 1986',
and insert ``the Reserve, Area I, and Area II as depicted on
the map numbered 869/86501A, and dated March 23, 2000'';
(4) By redesignating subsection (e) as subsection (f); and
(5) By adding a new subsection (e) as follows:
``(e) the term ``Reserve'' means the great cross-axis of the Mall,
which is a substantially completed work of civic art and which
generally extends from the U.S. Capitol to the Lincoln Memorial, and
from the White House to the Jefferson Memorial, as depicted on the map
described in subsection (f);''.
(c) Section 3 of the Act (40 U.S.C. 1003) is amended as follows:
(1) In subsection (b)--
(A) by striking ``work commemorating a lesser
conflict'' and inserting ``work solely commemorating a
limited military engagement'';
(B) by striking ``10'' and inserting ``25''; and
(C) by striking ``the event.'' and inserting ``such
war or conflict.''.
(2) In subsection (c) by striking ``other than a military
commemorative work as described in subsection (b) of this
section''; and
(3) In subsection (d) by striking ``House Oversight'' and
inserting ``Resources''.
(d) Section 4 of the Act (40 U.S.C. 1004) is amended as follows:
(1) By amending subsection (a) to read as follows:
``(a) The National Capital Memorial Commission is hereby
established and shall include the following members or their designees:
``(1) Director, National Park Service (who shall serve as
Chairman);
``(2) Architect of the Capitol;
``(3) Chairman, American Battle Monuments Commission;
``(4) Chairman, Commission of Fine Arts;
``(5) Chairman, National Capital Planning Commission;
``(6) Mayor, District of Columbia;
``(7) Commissioner, Public Buildings Service, General
Services Administration; and
``(8) Secretary, Department of Defense.''; and
(2) In subsection (b) by striking ``Administrator'' and
inserting ``Administrator (as appropriate)''.
(e) Section 5 of the Act (40 U.S.C. 1005) is amended--
(1) By striking ``Administrator'' and inserting
``Administrator (as appropriate)'' and
(2) By striking ``869/8501, and dated May 1, 1986.'' and
inserting ``869/8501A, and dated March 23, 2000.''.
(f) Section 6 of the Act (40 U.S.C. 1006) is amended as follows:
(1) In subsection (a) by striking ``3(b)'' and inserting
``3(d)'';
(2) By redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(3) by adding a new subsection (a) as follows:
``(a) Sites for commemorative works shall not be authorized within
the Reserve after January 1, 2000.''.
(g) Section 7 of the Act (40 U.S.C. 1007) is amended as follows:
(1) By striking ``person'' and inserting ``sponsor'' each
place it appears;
(2) In subsection (a) by striking ``designs'' and inserting
``design concepts'';
(3) In subsection (b) by striking ``and Administrator'' and
inserting ``or Administrator (as appropriate)'';
(4) In subsection (b)(2) by striking ``open space and
existing public use; and'' and inserting ``open space, existing
public use, and cultural and natural resources;'';
(5) In subsection (b)(3) by striking the period at the end
and inserting a semicolon; and
(6) by adding the following new paragraphs:
``(4) No commemorative work primarily designed as a museum
may be located on lands under the jurisdiction of the Secretary
in Area I or in East Potomac Park as depicted on the map
referenced in subsection 2(f);
``(5) The National Capital Planning Commission and the
Commission of Fine Arts may develop such criteria or guidelines
specified to each site that are mutually agreed upon to ensure
that the design of the commemorative work carries out the
purposes of this Act; and''
``(6) Donor contributions to commemorative works shall not
be acknowledged in any manner as part of the commemorative work
or its site.''.
(h) Section 8 of the Act (40 U.S.C. 1008) is amended as follows:
(1) In subsections (a)(3) and (a)(4) and in subsection (b)
by striking ``person'' each place it appears and inserting
``sponsor''.
(2) By amending subsection (b) to read as follows:
``(b) In addition to the foregoing criteria, no construction permit
shall be issued unless the sponsor authorized to construct the
commemorative work has donated an amount equal to 10 percent of the
total estimated cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. All such
proceeds shall be available for the nonrecurring repair of the
sponsor's commemorative work pursuant to the provisions of this
subsection. The provisions of this subsection shall not apply in
instances when the commemorative work is constructed by a department or
agency of the Federal Government and less than 50 percent of the
funding for such work is provided by private sources:
``(1) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of this
subsection provided by a sponsor for maintenance pursuant to
this subsection shall be credited to a separate account in the
Treasury.
``(2) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of 2000
shall be credited to a separate account with the National Park
Foundation.
``(3) Upon request, the Secretary of the Treasury or the
National Park Foundation shall make all or a portion of such
moneys available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work. Under
no circumstances may the Secretary or Administrator request
funds from a separate account exceeding the total money in the
account established under paragraph (1) or (2). The Secretary
and the Administrator shall maintain an inventory of funds
available for such purposes. Funds provided under this
paragraph shall be available without further appropriation and
shall remain available until expended.''.
(3) By amending subsection (c) to read as follows:
``(c) The sponsor shall be required to submit to the Secretary or
the Administrator (as appropriate) an annual report of operations,
including financial statements audited by an independent certified
public accountant, paid for by the sponsor authorized to construct the
commemorative work.''.
(i) Section 9 of the Act (40 U.S.C. 1009) is hereby repealed.
(j) Section 10 of the Act (40 U.S.C. 1010) is amended as follows:
(1) by amending subsection (b) to read as follows:
``(b) Any legislative authority for a commemorative work shall
expire at the end of the seven-year period beginning on the date of the
enactment of such authority, or at the end of the seven-year period
beginning on the date of the enactment of legislative authority to
locate the commemorative work within Area I where such addition
authority has been granted, unless:
``(1) the Secretary or the Administrator (as appropriate)
has issued a construction permit for the commemorative work
during that period; or
``(2) the Secretary or the Administrator, in consultation
with the National Capital Memorial Commission, has made a
determination that final design approvals have been obtained
from the National Capital Planning Commission and the
Commission of Fine Arts and that 75 percent of the amount
estimated to be required to complete the memorial has been
raised. If these two conditions have been met, the Secretary or
the Administrator may extend the 7-year legislative authority
for a period not to exceed three years from the date of
expiration. Upon expiration of the legislative authority, any
previous site and design approvals will also expire.''; and
(2) By adding a new subsection (f) as follows:
``(f) The National Capital Planning Commission, in coordination
with the Commission of Fine Arts and the National Capital Memorial
Commission, shall complete its master plan to guide the location and
development of future memorials outside the Reserve for the next 50
years, including evaluation of and guidelines for potential sites.''.
SEC. 204. PREVIOUSLY APPROVED MEMORIALS.
Nothing in this title shall apply to a memorial whose site was
approved, in accordance with the Commemorative Works Act of 1986
(Public Law 99-652; 40 U.S.C. 1001 et seq.), prior to the date of
enactment of this title.
Passed the Senate July 10, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 311
_______________________________________________________________________
AN ACT
To authorize the Disabled Veterans' LIFE Memorial Foundation to
establish a memorial in the District of Columbia or its environs, and
for other purposes.
|
(Sec. 101) Prohibits Federal funds from being used to pay any expense of the establishment of the memorial.
Title II: Commemorative Works Act Amendments
- Commemorative Works Clarification and Revision Act of 2000 - Amends the Commemorative Works Act of 1986 to: (1) state as one of the Act's purposes encouraging the location of commemorative works within the urban fabric of the District; (2) exclude from the meaning of "commemorative work" any structure that is not a commemorative work as defined by the Act; (3) define sponsor; (4) update the map covered by the Act to include the "Reserve," defined as the great cross-axis of the Mall, extending from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial.
(Sec. 202) Excludes a work solely commemorating a limited military engagement from the Act (currently, a work commemorating a lesser conflict). Extends from ten to 25 years the period of time that must elapse between the end of a war or military conflict and the establishment of a memorial.
Changes from the House Committee on House Oversight to the House Committee on Resources committee jurisdiction over legislation authorizing commemorative works in the District and its environs.
Allows members of the National Capital Memorial Commission to appoint designees to serve in their place.
Prohibits the authorization of sites for commemorative works within the Reserve after January 1, 2000.
Requires that a commemorative work be located to protect cultural and natural resources (as well as open space and existing public use).
Prohibits commemorative work designed primarily as a museum from being located on lands under the Secretary of the Interior's jurisdiction in Area I or in East Potomac Park. Authorizes the National Capital Planning Commission and the Commission of Fine Arts to develop criteria or guidelines specified to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the Act's purposes.
Prohibits the acknowledgment of donor contributions to such works in any manner as part of the work or its site.
Mandates that monies provided by a commemorative work's sponsor for its maintenance shall be available, without further appropriation, for the non-recurring repair of such work.
Requires a commemorative work's sponsor (currently, person) to donate at least 10 percent of the total estimated construction costs to offset the costs of perpetual maintenance and preservation costs of the work, and requires such proceeds to be available for the nonrecurring repairs of such work. Authorizes the Secretary or the National Park Foundation to make donated moneys available for the maintenance of a commemorative work.
Repeals the authority of the Secretary or the Administrator of the General Services Administration (as appropriate) to suspend a sponsor's activities if it is determined that fund raising efforts have misrepresented an affiliation with a commemorative work or the United States. Requires the work sponsor to submit annual operations reports, including audited financial statements, to the Secretary or the Administrator (as appropriate).
Repeals authority to make temporary site designations.
Revises provisions for expiration of legislative authority for a commemorative work seven years after its enactment. Provides in the alternative for expiration of such authority seven years from the date of enactment of authority to locate the work within Area I where such addition authority has been granted, unless (as under current law) the Secretary or the Administrator (as appropriate) has issued a construction permit, or: (1) final design approvals have been obtained from specified commissions; and (2) 75 percent of the amount estimated to be required for memorial completion has been raised. Provides that, if these conditions are met, the Secretary or the Administrator may extend the seven-year legislative authority for up to three years. Terminates any previous site and design approvals upon expiration of the legislative authority.
Directs the National Capital Planning Commission, in coordination with the Commission of Fine Arts and the National Capital Memorial Commission, to complete its master plan to guide the location and development of future memorials outside the Reserve for the next 50 years, including evaluation of and guidelines for potential sites.
Mandates that nothing in this Title shall apply to memorials whose sites were approved before the enactment of this Title.
|
{"src": "billsum_train", "title": "A bill to authorize the Disabled Veterans' LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs, and for other purposes."}
| 2,840 | 947 | 0.54991 | 1.864705 | 0.729259 | 3.822878 | 3.285363 | 0.900369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Older Workers Act of
1991''.
SEC. 2. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK.
(a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and
(k) of section 203 of the Social Security Act (42 U.S.C. 403) are
repealed.
(b) Conforming Amendments.--Section 203 of such Act (as amended by
subsection (a)) is further amended--
(1) in subsection (c), by redesignating such subsection as
subsection (b), and--
(A) by striking ``Noncovered Work Outside the
United States or'' in the heading;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively;
(C) by striking ``For purposes of paragraphs (2),
(3), and (4)'' and inserting in lieu thereof ``For
purposes of paragraphs (1), (2), and (3)''; and
(D) by striking the last sentence;
(2) in subsection (e), by redesignating such subsection as
subsection (c), and by striking ``subsections (c) and (d)'' and
inserting ``subsection (b)'';
(3) in subsection (g), by redesignating such subsection as
subsection (d), and by striking ``subsection (c)'' each place
it appears and inserting ``subsection (b)'';
(4) in subsection (i), by redesignating such subsection as
subsection (e), and by striking ``subsection (b), (c), (g), or
(h)'' and inserting ``subsection (b) or (d)''; and
(5) in subsection (l), by redesignating such subsection as
subsection (f), and by striking ``subsection (g) or (h)(1)(A)''
and inserting ``subsection (d)''.
(c) Conforming Amendments to Other Provisions.--
(1) Provisions relating to benefits terminated upon
deportation.--Section 202(n)(1) of such Act (42 U.S.C.
402(n)(1)) is amended by striking ``Sections 203 (b), (c), and
(d)'' and inserting ``Section 203(b)''.
(2) Provisions relating to exemptions from reductions based
on early retirement.--
(A) Section 202(q)(5)(B) of such Act (42 U.S.C.
402(q)(5)(B)) is amended by striking ``section
203(c)(2)'' and inserting ``section 203(b)(1)''.
(B) Section 202(q)(7)(A) of such Act (42 U.S.C.
402(q)(7)(A)) is amended by striking ``deductions under
section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and
inserting ``deductions on account of work under section
203 or deductions under section 222(b)''.
(3) Provisions relating to exemptions from reductions based
on disregard of certain entitlements to child's insurance
benefits.--
(A) Section 202(s)(1) of such Act (42 U.S.C.
402(s)(1)) is amended by striking ``paragraphs (2),
(3), and (4) of section 203(c)'' and inserting
``paragraphs (1), (2), and (3) of section 203(b)''.
(B) Section 202(s)(3) of such Act (42 U.S.C.
402(s)(3)) is amended by striking ``The last sentence
of subsection (c) of section 203, subsection (f)(1)(C)
of section 203, and subsections'' and inserting
``Subsections''.
(4) Provisions relating to suspension of aliens'
benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7))
is amended by striking ``Subsections (b), (c), and (d)'' and
inserting ``Subsection (b)''.
(5) Provisions relating to benefits increased on account of
delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42
U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''.
(6) Provisions relating to reductions in benefits based on
maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42
U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and
subsections (b), (c), and (d)'' and inserting ``and subsection
(b)''.
(7) Provisions relating to penalties for misrepresentations
concerning earnings for periods subject to deductions on
account of work.--Section 208(a)(3) of such Act (42 U.S.C.
408(a)(3)) is amended by striking ``under section 203(f) of
this title for purposes of deductions from benefits'' and
inserting ``under section 203 for purposes of deductions from
benefits on account of work''.
(8) Provisions taking into account earnings in determining
benefit computation years.--Clause (I) in the next to last
sentence of section 215(b)(2)(A) of such Act (42 U.S.C.
415(b)(2)(A)) is amended by striking ``no earnings as described
in section 203(f)(5) in such year'' and inserting ``no wages,
and no net earnings from self-employment (in excess of net loss
from self-employment), in such year''.
(9) Provisions relating to rounding of benefits.--Section
215(g) of such Act (42 U.S.C. 415(g)) is amended by striking
``and any deduction under section 203(b)''.
(10) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4) of such
Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt
amount under section 203(f)(8) which is applicable to
individuals described in subparagraph (D) thereof'' and
inserting the following: ``an amount equal to the exempt amount
which would have been applicable under section 203(f)(8), to
individuals described in subparagraph (D) thereof, if the
Relief for Older Workers Act of 1991 had not been enacted''.
(11) Provisions defining income for purposes of ssi.--
Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
(A) by striking ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as
defined in the last two sentences of this subsection'';
and
(B) by adding at the end (after and below paragraph
(2)(F)) the following new sentences:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in subsections (a), (g)(2),
(g)(3), (h)(2), and (j) of such section. In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(m)(2) or in a pension plan of the employer.''.
(12) Repeal of deductions on account of work under the
railroad retirement program.--Section 2 of the Railroad
Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking
subsections (f) and (g)(2).
SEC. 3. EFFECTIVE DATE.
The amendments and repeals made by this Act shall be effective with
respect to taxable years ending on and after the date of the enactment
of this Act.
|
Relief for Older Workers Act of 1991 (sic) - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
|
{"src": "billsum_train", "title": "Relief for Older Workers Act of 1991"}
| 2,157 | 63 | 0.422745 | 0.972014 | 0.069175 | 2.1 | 34.8 | 0.78 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boko Haram Terrorist Designation Act
of 2013''.
SEC. 2. REPORT ON DESIGNATION OF BOKO HARAM AS A FOREIGN TERRORIST
ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) On August 26, 2011, a vehicle borne explosive device
(VBIED) was detonated after being driven into the lobby of a
United Nations facility in Abuja, Nigeria. At least 21 people
died as a result of the explosion, and the Islamist militant
organization commonly called ``Boko Haram'' claimed
responsibility.
(2) On December 25, 2011, a series of bombs were detonated
across northern Nigeria. Some of these attacks killed
worshippers attending Christmas Day services, and killed an
estimated total of 41 people. Boko Haram claimed
responsibility.
(3) From their inception, Boko Haram has killed hundreds of
innocent civilians and has continually enhanced its lethality,
pledging to continue its use of terrorist tactics. In a July
2010 statement, Boko Haram's leader, Abubakar Shekau, issued
support to al Qaeda and made threatening remarks to the United
States.
(4) On January 31, 2012, in testimony before Congress,
Director of National Intelligence James Clapper included Boko
Haram in his worldwide threat assessment, stating, ``There are
also fears that Boko Haram--elements of which have engaged al-
Qa'ida in the Islamic Maghreb (AQIM)--is interested in hitting
Western targets, such as the U.S. Embassy and hotels frequented
by Westerners.''.
(5) On February 23, 2012, United States Ambassador to
Nigeria Terrence P. McCulley indicated Boko Haram's danger was
expanding. He said, ``We've seen an increase in sophistication,
we've seen increased lethality. We saw at last a part of the
group has decided it's in their interest to attack the
international community.''.
(6) On February 27, 2012, at a conference held by the
African Society of the National Summit on Africa, former United
States Ambassador to Nigeria Howard F. Jeter described Boko
Haram by saying, ``It is a terrorist group. If you kill 28
innocent people worshipping in a church, it is a terrorist
group.''.
(7) The Foreign Office of the United Kingdom of Great
Britain and Northern Ireland, a major United States ally,
publicly refers to Boko Haram as the ``main terrorist threat in
Nigeria''.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall, in
consultation with the intelligence community, submit to the
appropriate congressional committees--
(A) a detailed report on whether the Nigerian
organization named ``People Committed to the
Propagation of the Prophet's Teachings and Jihad''
(commonly known as ``Boko Haram'' and by other aliases,
including Ansaru and Jama'atu Ahlis Sunna Lidda'awati
Wal-Jihad), meets the criteria for designation as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(B) if the Secretary of State determines that Boko
Haram does not meet such criteria, a detailed
justification as to which criteria have not been met.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if appropriate.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed
Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the
Senate; and
(ii) the Committee on Homeland Security,
the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(B) Intelligence community.--The term
``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that Boko Haram meets the criteria for
designation as a foreign terrorist organization under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189) and should be
designated as such.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to infringe upon the
sovereignty of the Government of Nigeria to combat militant or
terrorist groups operating inside the boundaries of Nigeria.
|
Boko Haram Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Nigerian organization People Committed to the Propagation of the Prophet's Teachings and Jihad (Boko Haram) meets the criteria for designation as a foreign terrorist organization. Expresses the sense of Congress that Boko Haram meets such criteria and should be designated as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon Nigeria's sovereignty to combat militant or terrorist groups operating inside its boundaries.
|
{"src": "billsum_train", "title": "Boko Haram Terrorist Designation Act of 2013"}
| 1,097 | 126 | 0.438923 | 1.256605 | 0.509112 | 4.591837 | 9.571429 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Free Speech Protection Act
of 2006''.
SEC. 2. EXCLUSION OF INTERNET COMMUNICATIONS FROM TREATMENT AS PUBLIC
COMMUNICATIONS.
Section 301(22) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(22)) is amended--
(1) by striking ``The term'' and inserting ``(A) The
term''; and
(2) by adding at the end the following new subparagraph:
``(B) The term `public communication' does not
include any communication made over the Internet, other
than any of the following:
``(i) Any communication placed by a person
on another person's website, if the aggregate
amount spent for such communications exceeds
$5,000 during the calendar year.
``(ii) Any communication made by a State,
district, or local committee of a political
party described in section 323(b).
``(iii) A communication made by any
political committee.
``(iv) A communication made by any person
described in section 316 (other than a
corporation described in such section whose
principal purpose is operating an online
discussion forum or disseminating social or
political ideas or commentary through operation
of a website, web log, podcast, or other
similar forms of Internet communication and
which is not established, financed, maintained
or controlled by a labor organization or by
another corporation without such a principal
purpose).''.
SEC. 3. EXCLUSION OF INTERNET COMMUNICATIONS FROM CERTAIN REPORTING AND
DISCLAIMER REQUIREMENTS.
(a) Reports by Persons Making Independent Expenditures.--Section
304(c)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(c)(1)) is amended--
(1) by striking ``(c)(1)'' and inserting ``(c)(1)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) In the case of an individual, in determining the aggregate
amount or value of independent expenditures made by the individual in a
calendar year for purposes of subparagraph (A), there shall be excluded
up to an annual aggregate amount of $5,000 for communications made over
the Internet.''.
(b) Disclaimers on Unauthorized Advertisements and Solicitations.--
Section 318(a)(3) of such Act (2 U.S.C. 441d(a)(3)) is amended by
striking the period at the end and inserting the following: ``, except
that no such information shall be required in any communication made
over the Internet by an individual during any calendar year for which
the aggregate amount paid by such individual for such communications
does not exceed $5,000.''.
SEC. 4. EXCLUSION OF EXPENDITURES ON INTERNET COMMUNICATIONS FROM
DETERMINATION OF THRESHOLD FOR REGISTRATION OF POLITICAL
COMMITTEES.
Section 301(4) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(4)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii);
(2) by striking ``(4)'' and inserting ``(4)(A)''; and
(3) by adding at the end the following new subparagraph:
``(B) In determining the amount of contributions or
expenditures made for purposes of this paragraph, there
shall be excluded up to an annual aggregate amount of
$10,000 for Internet-related expenses such as expenses
for Internet access and hosting services, creation of
an Internet site, and creating, hosting, or
participating in an online discussion using blogging or
other software.''.
SEC. 5. INCLUSION OF ONLINE MEDIA WITHIN EXEMPTION FROM TREATMENT AS
EXPENDITURES OF STORIES AND COMMENTARIES APPEARING IN
MEDIA.
Section 301(9)(B)(i) of the Federal Election Campaign Act of 1971
(2 U.S.C. 431(9)(B)(i)) is amended by striking ``or other periodical
publication,'' and inserting the following: ``other periodical
publication, or Internet site or service,''.
SEC. 6. INDEXING OF AMOUNTS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``indexing of certain amounts
``Sec. 325. (a) Indexing.--
``(1) In general.--In any calendar year after 2008, each of
the following amounts shall be increased by the inflation
adjustment described in subsection (b):
``(A) The amount referred to in section 301(4)(B)
(relating to the exclusion of expenditures on Internet
communications from the determination of the threshold
for registration of political committees).
``(B) The amount referred to in section
301(22)(B)(i) (relating to the exclusion of Internet
communications from treatment as public
communications).
``(C) The amount referred to in section
304(c)(1)(B) (relating to the exclusion of expenditures
on Internet communications from the determination of
the threshold for the filing of reports on independent
expenditures).
``(D) The amount referred to in section 318(a)(3)
(relating to disclaimers in communications made over
the Internet).
``(2) Application in odd-numbered years.--Increases made
under this subsection shall only be made in odd-numbered years
and such increases shall remain in effect for the 2-year period
beginning on the first day following the date of the last
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election.
``(b) Inflation Adjustment Described.--In subsection (a), the
`inflation adjustment' is the percent difference determined under
section 315(c)(1)(A), except that for purposes of this subsection, the
base period under such section shall be 2007.''.
SEC. 7. PUBLICATION BY FEDERAL ELECTION COMMISSION OF GUIDELINE ON
INDIVIDUAL INTERNET ACTIVITIES.
Not later than 150 days after the date of the enactment of this
Act, the Federal Election Commission shall publish a single policy
guideline for the use of individuals engaging in online communications
which describes in plain language the rules and regulations applicable
under the Federal Election Campaign Act of 1971 to individual Internet
activity.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
|
Internet Free Speech Protection Act of 2006 - Amends the Federal Election Campaign Act of 1971 (FECA) to exclude any communication made over the Internet, with certain exceptions, from the meaning of a public communication subject to FECA requirements.
Subjects to FECA requirements, however, any communication: (1) placed by a person on another persons website, if the aggregate amount spent for such communications exceeds $5,000 during the calendar year; (2) made by a state, district, or local committee of a political party; (3) made by any political committee; or (4) made by any person other than a corporation whose principal purpose is operating an online discussion forum, or disseminating social or political ideas or commentary through operation of a website, web log, podcast, or other similar forms of Internet communication, and which is not established, financed, maintained or controlled by a labor organization or by another corporation without such a principal purpose.
Revises the reporting requirements for individuals making independent expenditures in a calendar year to exclude from the aggregate amount or value of such expenditures an annual aggregate of $5,000 for communications made over the Internet.
Revises the requirements for disclaimers on unauthorized advertisements and solicitations to exempt from such requirements any communication made over the Internet by an individual during any calendar year for which the aggregate amount paid by the individual for such communications does not exceed $5,000.
Revises requirements for the determination of what constitutes a political committee on the basis of certain expenditures. Excludes from the determination of such expenditures up to an annual aggregate amount of $10,000 for Internet-related expenses, such as those for Internet access and hosting services, creation of an Internet site, and creating, hosting, or participating in an online discussion using blogging or other software.
Revises the meaning of expenditure to exclude expenses for any news story, commentary, or editorial distributed through an Internet site or service from treatment as expenditures of stories and commentaries appearing in media, unless such media are owned or controlled by any political party, political committee, or candidate.
Requires an annual inflation adjustment to any amounts relating to disclaimers in communications made over the Internet or to the exclusion of: (1) expenditures on Internet communications from the determination of the threshold for registration of political committees; (2) Internet communications from treatment as public communications; or (3) expenditures on Internet communications from the determination of the threshold for the filing of reports on independent expenditures.
Directs the Federal Election Commission to publish a single policy guideline in plain language for the use of individuals engaging in online communications about FECA rules and regulations applicable to individual Internet activity.
|
{"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to exclude certain communications made over the Internet from certain requirements of such Act, and for other purposes."}
| 1,540 | 556 | 0.717002 | 2.264894 | 0.810781 | 4.303922 | 2.55098 | 0.923529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Protection Act''.
SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT.
(a) Amendment.--At the end of part E of the Safe Drinking Water Act
(42 U.S.C. 300j et seq.) add the following new section:
``SEC. 1459. CYANOTOXIN RISK ASSESSMENT AND MANAGEMENT.
``(a) Strategic Plan.--
``(1) Development.--Not later than 90 days after the date
of enactment of this section, the Administrator shall develop
and submit to Congress a strategic plan for assessing and
managing risks associated with cyanotoxins in drinking water
provided by public water systems. The strategic plan shall
include steps and timelines to--
``(A) evaluate the risk to human health from
drinking water provided by public water systems
contaminated with cyanotoxins;
``(B) establish, publish, and update a
comprehensive list of cyanotoxins determined by the
Administrator to be harmful to human health when
present in drinking water provided by public water
systems;
``(C) summarize--
``(i) the known adverse human health
effects of cyanotoxins included on the list
published under subparagraph (B) when present
in drinking water provided by public water
systems; and
``(ii) factors that cause cyanobacteria to
proliferate and express toxins;
``(D) with respect to cyanotoxins included on the
list published under subparagraph (B), determine
whether to--
``(i) publish health advisories pursuant to
section 1412(b)(1)(F) for such cyanotoxins in
drinking water provided by public water
systems;
``(ii) establish guidance regarding
feasible analytical methods to quantify the
presence of cyanotoxins; and
``(iii) establish guidance regarding the
frequency of monitoring necessary to determine
if such cyanotoxins are present in drinking
water provided by public water systems;
``(E) recommend feasible treatment options,
including procedures and equipment, to mitigate any
adverse public health effects of cyanotoxins included
on the list published under subparagraph (B); and
``(F) enter into cooperative agreements with, and
provide technical assistance to, affected States and
public water systems, as identified by the
Administrator, for the purpose of managing risks
associated with cyanotoxins included on the list
published under subparagraph (B).
``(2) Updates.--The Administrator shall, as appropriate,
update and submit to Congress the strategic plan developed
under paragraph (1).
``(b) Information Coordination.--In carrying out this section the
Administrator shall--
``(1) identify gaps in the Agency's understanding of
cyanobacteria, including--
``(A) the human health effects of cyanotoxins
included on the list published under subsection
(a)(1)(B); and
``(B) methods and means of testing and monitoring
for the presence of harmful cyanotoxins in source water
of, or drinking water provided by, public water
systems;
``(2) as appropriate, consult with--
``(A) other Federal agencies that--
``(i) examine or analyze cyanobacteria; or
``(ii) address public health concerns
related to harmful algal blooms;
``(B) States;
``(C) operators of public water systems;
``(D) multinational agencies;
``(E) foreign governments; and
``(F) research and academic institutions; and
``(3) assemble and publish information from each Federal
agency that has--
``(A) examined or analyzed cyanobacteria; or
``(B) addressed public health concerns related to
harmful algal blooms.
``(c) Use of Science.--The Administrator shall carry out this
section in accordance with the requirements described in section
1412(b)(3)(A), as applicable.
``(d) Feasible.--For purposes of this section, the term `feasible'
has the meaning given such term in section 1412(b)(4)(D).''.
(b) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to Congress a report that includes--
(1) an inventory of funds--
(A) expended by the United States, for each of
fiscal years 2010 through 2014, to examine or analyze
cyanobacteria or address public health concerns related
to harmful algal blooms; and
(B) that includes the specific purpose for which
the funds were made available, the law under which the
funds were authorized, and the Federal agency that
received or spent the funds; and
(2) recommended steps to reduce any duplication, and
improve interagency coordination, of such expenditures.
|
Drinking Water Protection Act - Amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. (Cyanotoxins are naturally occurring toxins produced by cyanobacteria, also known as blue-green algae.) Requires the plan to include steps and time lines to: evaluate the risk to human health from drinking water contaminated with cyanotoxins; establish, publish, and update a comprehensive list of cyanotoxins that are harmful to human health; summarize the known adverse human health effects of cyanotoxins and the factors that cause cyanobacteria to grow rapidly and make toxins; determine whether to publish health advisories for harmful cyanotoxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with cyanotoxins.
|
{"src": "billsum_train", "title": "Drinking Water Protection Act"}
| 1,090 | 222 | 0.729576 | 2.085854 | 0.914097 | 3.767956 | 5.364641 | 0.839779 |
SECTION 1. SHORT TITLE; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Travelers' Rights
Act of 1996''.
(b) Purposes.--The purposes of this Act are to ensure--
(1) the access to information by travelers in air commerce
concerning the safety and security of air travel; and
(2) the coordination of air carrier and governmental
assistance to victims and survivors of victims of accidents in
air commerce.
SEC. 2. CONSUMER ACCESS TO INFORMATION.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 44724. Air traveler safety program
``(a) In General.--
``(1) Written information.--Not later than 90 days after
the date of enactment of this section, the Secretary of
Transportation (hereafter in this section referred to as the
`Secretary') shall issue regulations, for a period determined
by the Secretary, that require each air carrier that provides
interstate air transportation or foreign air transportation to
provide written information upon request, to passengers that
purchase passage for interstate or foreign air transportation
concerning:
``(A) safety inspection reviews conducted by the
Administrator of the Federal Aviation Administration on
the aircraft of that air carrier;
``(B) the safety ranking of that air carrier, as
determined by the Administrator of the Federal Aviation
Administration, in accordance with applicable law; and
``(C) the compliance of the members of the crew of
the aircraft with any applicable certification
requirements under this subtitle.
``(2) Guidelines.--The regulations issued by the Secretary
under this subsection shall provide guidelines for air carriers
relating to the provision of the information referred to in
paragraph (1).
``(3) Request for information.--An air carrier shall be
required to provide to a passenger, on request, any information
concerning the safety of aircraft and the competency of persons
issued a certificate under this subtitle for the operation of
the aircraft that the Secretary, to the extent allowable by
law, determines to be appropriate.
``(b) Submission of Performance Review.--
``(1) In general.--Not later than December 31 of the
calendar year in which this section is enacted, and annually
thereafter, the Secretary shall submit a report to the Congress
that reviews the safety of air carriers that provide interstate
or foreign air transportation, including--
``(A) the number of accidents and a description of
such accidents of air carriers attributable to each air
carrier that provides interstate or foreign air
transportation; and
``(B) for the preceding year, the names of makers
of aircraft that have been involved in an accident.
``(2) Availability of information.--The Secretary shall
make the report under paragraph (1) available to--
``(A) travel agencies and consultants for
distribution to persons served by those agencies and
consultants; and
``(B) any other person or entity upon request.
``(e) Victims' Rights Program.--
``(1) In general.--The National Transportation Safety Board
shall establish and administer a program for victims and
survivors of aircraft accidents in air commerce. Under that
program, the National Transportation Safety Board shall ensure
that such victims and survivors receive, to the extent
allowable by law, immediate and unrestricted access to
information that is made available from--
``(A) the air carrier involved in an accident in
air commerce;
``(B) the Federal Government; and
``(C) State governments and political subdivisions
thereof.
``(2) National security information.--Nothing in paragraph
(1) may be construed to authorize the release of information
that the President determines to be classified in the national
security interest of the United States.
``(f) Coordination of Victim Assistance.--
``(1) In general.--The National Transportation Safety
Board, in cooperation with officials of appropriate Federal
agencies and the American Red Cross, shall establish a program
to ensure the coordination of the disclosure of information
under subsection (e) and assistance provided to victims of an
accident in air commerce.
``(2) Establishment of toll-free telephone line.--
``(A) In general.--The National Transportation
Safety Board, in cooperation with officials of the
appropriate Federal agencies and the American Red
Cross, shall establish a toll-free telephone line to
facilitate the provision of information under paragraph
(3).
``(B) Action by the national transportation safety
board.--The National Transportation Safety Board shall
take such action as may be necessary to ensure--
``(i) the publication of the telephone
number of the telephone line established under
subparagraph (A) in newspapers of general
circulation; and
``(ii) the provision of such number on
national television news programs.
``(3) Information provided by telephone line.--The
telephone line established under paragraph (2) shall provide
the following information concerning an accident in air
commerce:
``(A) The identifier name and number of the
aircraft involved in the accident.
``(B) The names of known victims of the accident.
``(C) The status of the investigation.
``(D) A list of appropriate Federal agencies and
contacts.
``(E) The facilities at which victims of the
accident may be identified.
``(g) Civil Penalties.--
``(1) In general.--Any air carrier that fails to provide
information in accordance with this section shall be liable for
a civil penalty in an amount not to exceed $100,000 per
violation.
``(2) Travel agencies and other persons not covered.--
Paragraph (1) shall not apply to a travel agency or other
person that does not provide interstate or foreign air
transportation.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Conforming Amendment.--The chapter analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end the
following new item:
``44724. Air traveler safety program.''.
|
Travelers' Rights Act of 1996 - Amends Federal transportation law to direct the Secretary of Transportation to issue regulations to require domestic air carriers to provide air travelers with certain air carrier safety and security information upon request. Requires the Secretary to report annually to the Congress on air carrier safety.
Directs the National Transportation Safety Board to establish: (1) an informational program for victims and survivors of aircraft accidents (victims' rights program); (2) a program to ensure coordination of the disclosure of information and assistance provided to aircraft accident victims; and (3) a toll-free telephone line for the provision of aircraft accident information. Sets forth civil penalties for violations of this Act.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Travelers' Rights Act of 1996"}
| 1,328 | 148 | 0.603197 | 1.472276 | 0.704054 | 2.371429 | 9.221429 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Multifamily Rental Housing
Loan Guarantee Demonstration Act''.
SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS.
Title V of the Housing Act of 1949 is amended by adding at the end
the following new section:
``SEC. 543. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL
AREAS.
``(a) Authority.--The Secretary may make commitments to guarantee
eligible loans for the development costs of eligible housing and
related facilities, and may guarantee such eligible loans, in
accordance with this section.
``(b) Extent of Guarantee.--A guarantee made under this section
shall guarantee repayment of an amount not exceeding 90 percent of the
unpaid principal and interest of the loan for which the guarantee is
made. The liability of the United States under any guarantee under this
section shall decrease or increase pro rata with any decrease or
increase of the amount of the unpaid portion of the obligation.
``(c) Eligible Borrowers.--A loan guaranteed under this section may
be made to a nonprofit organization, an agency or body of any State
government or political subdivision thereof, or a private entity.
``(d) Eligible Housing.--A loan may be guaranteed under this
section only if the loan is used for the development costs of housing
and related facilities (as such terms are defined in section 515(e))
that--
``(1) consists of 5 or more adequate dwellings;
``(2) is available for occupancy only by low or moderate
income families or persons, whose incomes at the time of
initial occupancy do not exceed 115 percent of the median
income of the area, as determined by the Secretary;
``(3) will remain available as provided in paragraph (2),
according to such binding commitments as the Secretary may
require, for the period of the original term of the loan
guaranteed, unless the Secretary waives the applicability of
such requirement for the loan; and
``(4) is located in a rural area.
A low-income housing tax credit under section 42 of the Internal
Revenue Code of 1986 may be provided in connection with housing
developed using amounts from a loan guaranteed under this section, but
only if such housing complies with the requirements under such Code for
such a credit.
``(e) Eligible Lenders.--
``(1) Requirement.--A loan may be guaranteed under this
subsection only if the loan is made by a lender that the
Secretary determines--
``(A) meets the qualifications, and has been
approved by the Secretary of Housing and Urban
Development, to make loans for multifamily housing that
are to be insured under the National Housing Act;
``(B) meets the qualifications, and has been
approved by the Federal National Mortgage Association,
to make loans for multifamily housing that are to be
sold to such corporation;
``(C) meets the qualifications, and has been
approved by the Federal Home Loan Mortgage Corporation,
to make loans for multifamily housing that are to be
sold to such Corporation; or
``(D) meets any qualifications that the Secretary
may, by regulation, establish for participation of
lenders in the loan guarantee program under this
section.
``(2) Eligibility list and annual audit.--The Secretary
shall establish a list of eligible lenders and shall annually
conduct an audit of each lender included in the list for
purposes of determining whether such lender continues to be an
eligible lender.
``(f) Loan Terms.--Each loan guaranteed pursuant to this subsection
shall--
``(1) provide for complete amortization by periodic
payments to be made for a term not to exceed 40 years;
``(2) involve a rate of interest agreed upon by the
borrower and the lender that does not exceed the maximum
allowable rate established by the Secretary for purposes of
this section and is fixed over the term of the loan;
``(3) involve a principal obligation (including initial
service charges, appraisal, inspection, and other fees as the
Secretary may approve) not to exceed--
``(A) in the case of a borrower that is a nonprofit
organization or an agency or body of any State or local
government, 97 percent of the development costs of the
housing and related facilities or the value of the
housing and facilities, whichever is less;
``(B) in the case of a borrower that is a for-
profit entity not referred to in subparagraph (A), 90
percent of the development costs of the housing and
related facilities or the value of the housing and
facilities, whichever is less; and
``(C) in the case of any borrower, for such part of
the property as may be attributable to dwelling use,
the applicable maximum per unit dollar amount
limitations under section 207(c) of the National
Housing Act; and
``(4) be secured by a first mortgage on the housing and
related facilities for which the loan is made, or otherwise, as
the Secretary may determine necessary to ensure repayment of
the obligation.
``(g) Guarantee Fee.--At the time of issuance of a loan guaranteed
under this section, the Secretary may collect from the lender a fee
equal to not more than 1 percent of the principal obligation of the
loan.
``(h) Authority for Lenders to Issue Certificates of Guarantee.--
The Secretary may authorize certain eligible lenders to determine
whether a loan meets the requirements for guarantee under this section
and, subject to the availability of authority to enter into guarantees
under this section, execute a firm commitment for a guarantee binding
upon the Secretary and issue a certificate of guarantee evidencing a
guarantee, without review and approval by the Secretary of the specific
loan. The Secretary may establish standards for approving eligible
lenders for a delegation of authority under this subsection.
``(i) Payment Under Guarantee.--
``(1) Notice of default.--In the event of default by the
borrower on a loan guaranteed under this section, the holder of
the guarantee certificate for the loan shall provide written
notice of the default to the Secretary.
``(2) Foreclosure.--After receiving notice under paragraph
(1) and providing written notice of action under this paragraph
to the Secretary, the holder of the guarantee certificate for
the loan may initiate foreclosure proceedings for the loan in a
court of competent jurisdiction, in accordance with regulations
issued by the Secretary, to obtain possession of the security
property. After the court issues a final order authorizing
foreclosure on the property, the holder of the certificate
shall be entitled to payment by the Secretary under the
guarantee (in the amount provided under subsection (b)) upon
(A) conveyance to the Secretary of title to the security
property, (B) submission to the Secretary of a claim for
payment under the guarantee, and (C) assignment to the
Secretary of all the claims of the holder of the guarantee
against the borrower or others arising out of the loan
transaction or foreclosure proceedings, except claims released
with the consent of the Secretary.
``(3) Assignment by secretary.--After receiving notice
under paragraph (1), the Secretary may accept assignment of the
loan if the Secretary determines that the assignment is in the
best interests of the United States. Assignment of a loan under
this paragraph shall include conveyance to the Secretary of
title to the security property, assignment to the Secretary of
all rights and interests arising under the loan, and assignment
to the Secretary of all claims against the borrower or others
arising out of the loan transaction. Upon assignment of a loan
under this paragraph, the holder of a guarantee certificate for
the loan shall be entitled to payment by the Secretary under
the guarantee (in the amount provided under subsection (b)).
``(4) Requirements.--Before any payment under a guarantee
is made under paragraph (2) or (3), the holder of the guarantee
certificate shall exhaust all reasonable possibilities of
collection on the loan guaranteed. Upon payment, in whole or in
part, to the holder, the note or judgment evidencing the debt
shall be assigned to the United States and the holder shall
have no further claim against the borrower or the United
States. The Secretary shall then take such action to collect as
the Secretary determines appropriate.
``(j) Violation of Guarantee Requirements by Lenders Issuing
Guarantees.--
``(1) Indemnification.--If the Secretary determines that a
loan guaranteed by an eligible lender pursuant to delegation of
authority under subsection (h) was not originated in accordance
with the requirements under this section and the Secretary pays
a claim under the guarantee for the loan, the Secretary may
require the eligible lender authorized under subsection (h) to
issue the guarantee certificate for the loan--
``(A) to indemnify the Secretary for the loss, if
the payment under the guarantee was made within a
reasonable period specified by the Secretary; or
``(B) to indemnify the Secretary for the loss
regardless of when payment under the guarantee was
made, if the Secretary determines that fraud or
misrepresentation was involved in connection with the
origination of the loan.
``(2) Termination of authority to issue guarantees.--The
Secretary may cancel a delegation of authority under subsection
(h) to an eligible lender if the Secretary determines that the
lender has violated the requirements and procedures for
guaranteed loans under this section or for other good cause.
Any such cancellation shall be made by giving notice to the
eligible lender and shall take effect upon receipt of the
notice by the mortgagee or at a later date, as the Secretary
may provide. A decision by the Secretary to cancel a delegation
shall be final and conclusive and shall not be subject to
judicial review.
``(k) Refinancing.--Any loan guaranteed under this section may be
refinanced and extended in accordance with terms and conditions that
the Secretary shall prescribe, but in no event for an additional amount
or term that exceeds the limitations under subsection (f).
``(l) Nonassumption.--The borrower under a loan that is guaranteed
under this section and under which any portion of the principal
obligation or interest remains outstanding may not be relieved of
liability with respect to the loan, notwithstanding the transfer of
property for which the loan was made.
``(m) Geographical Targeting.--
``(1) Study.--The Secretary shall provide for an
independent entity to conduct a study to determine the extent
to which borrowers in the United States will utilize loan
guarantees under this section and the rural areas in the United
States in which borrowers can best utilize and most need loans
guaranteed under this section. The Secretary shall require the
independent entity conducting the study to submit a report to
the Secretary and to the Congress describing the results of the
study not later than the expiration of the 90-day period
beginning on the date of the enactment of the Rural Multifamily
Rental Housing Loan Guarantee Demonstration Act.
``(2) Targeting.--In providing loan guarantees under this
section, the Secretary shall establish standards to target and
give priority to rural areas in which borrowers can best
utilize and most need loans guaranteed under this section, as
determined by the Secretary based on the results of the study
under paragraph (1) and any other information the Secretary
considers appropriate.
``(n) Inapplicability of Credit-Elsewhere Test.--Section 501(c)
shall not apply to guarantees, or loans guaranteed, under this section.
``(o) Housing Standards.--The standards established under section
515(m) for housing and related facilities assisted under section 515
shall apply to housing and related facilities the development costs of
which are financed in whole or in part with a loan guaranteed under
this section.
``(p) Limitation on Commitments to Guarantee Loans.--
``(1) Requirement of appropriations.--The authority of the
Secretary to enter into commitments to guarantee loans under
this section, and to guarantee loans, shall be effective for
any fiscal year only to the extent or in such amounts as are or
have been provided in appropriations Acts for such fiscal year.
``(2) Limitation on outstanding aggregate principal
amount.--Subject to the limitation in paragraph (1), the
Secretary may enter into commitments to guarantee loans under
this section having an aggregate outstanding principal amount
not exceeding $200,000,000 in each of fiscal years 1995 and
1996.
``(q) Report.--
``(1) In general.--The Secretary shall submit a report to
the Congress, not later than the expiration of the 2-year
period beginning on the date of the enactment of the Rural
Multifamily Rental Housing Loan Guarantee Demonstration Act,
describing the program under this section for guaranteeing
loans.
``(2) Contents.--The report shall--
``(A) describe the types of borrowers providing
housing with loans guaranteed under this section, the
areas served by the housing provided and the
geographical distribution of the housing, the levels of
income of the residents of the housing, the number of
dwelling units provided, the extent to which borrowers
under such loans have obtained other financial
assistance for development costs of housing provided
with the loans, and the extent to which borrowers under
such loans have used low-income housing tax credits
provided under section 42 of the Internal Revenue Code
of 1986 in connection with the housing provided with
the loans;
``(B) analyze the financial viability of the
housing provided with loans guaranteed under this
section and the need for project-based rental
assistance for such housing;
``(C) include any recommendations of the Secretary
for expanding or improving the program under this
section for guaranteeing loans; and
``(D) include any other information regarding the
program for guaranteeing loans under this section that
the Secretary considers appropriate.
``(r) Definitions.--For purposes of this subsection, the following
definitions shall apply:
``(1) The term `development cost' has the meaning given the
term in section 515(e).
``(2) The term `eligible lender' means a lender determined
by the Secretary to meet the requirements of subparagraph (A),
(B), (C), or (D) of subsection (e)(1).
``(3) The terms `housing' and `related facilities' have the
meanings given such terms in section 515(e).
``(s) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 1995 and 1996 such sums as may be
necessary for costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of loan guarantees made under this
section.
``(t) Termination Date.--A loan may not be guaranteed under this
section after September 30, 1996.''.
|
Rural Multifamily Rental Housing Loan Guarantee Demonstration Act - Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to guarantee the repayment of loans made by private lenders for the development costs of multifamily rental housing for low- and moderate-income rural families.
Permits a low-income housing tax credit under the Internal Revenue Code for housing developed from such a loan guarantee if it meets certain tax requirements.
Authorizes appropriations.
Terminates loan guarantee authority after FY 1996.
|
{"src": "billsum_train", "title": "Rural Multifamily Rental Housing Loan Guarantee Demonstration Act"}
| 3,203 | 108 | 0.619306 | 1.558533 | 1.046765 | 2.711111 | 33.866667 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Autism Spectrum Disorders
Initiative Act of 2011''.
SEC. 2. ESTABLISHMENT OF THE NATIONAL AUTISM SPECTRUM DISORDERS
INITIATIVE.
Part R of title III of the Public Health Service Act (42 U.S.C.
280i et seq.) is amended--
(1) by redesignating section 399E (42 U.S.C. 280i-4) as
section 399FF; and
(2) by inserting after section 399DD the following:
``SEC. 399EE. ESTABLISHMENT OF THE NATIONAL AUTISM SPECTRUM DISORDERS
INITIATIVE.
``(a) In General.--There is established in the Office of the
Secretary of Health and Human Services the National Autism Spectrum
Disorders Initiative (referred to in this Act as the `Initiative'). The
principal goal of the Initiative is to improve the lives of persons
with autism spectrum disorders through research focused on prevention,
treatment, services, and cures.
``(b) Duties of the Secretary Under the Initiative.--The Secretary
(or the Secretary's designee) shall--
``(1) act as the primary Federal official with
responsibility for overseeing all research on autism spectrum
disorders conducted or supported by the National Institutes of
Health;
``(2) approve the strategic plan described in section
399CC(b)(5) and be responsible for its implementation;
``(3) receive directly from the President and the Director
of the Office of Management and Budget all funds available for
autism spectrum disorder activities of the National Institutes
of Health;
``(4) from the amounts received under paragraph (3) for the
fiscal year, allocate, in consultation with the Director of the
National Institutes of Health, to the agencies of the National
Institutes of Health in accordance with the strategic plan all
amounts available for such year for carrying out autism
spectrum disorder activities;
``(5) to the extent practicable, allocate amounts under
paragraph (4) not later than 30 days after the date on which
the Secretary receives the amounts described under paragraph
(3);
``(6) have authority to reallocate up to 3 percent of the
total amount allocated under paragraph (4) as needs change and
opportunities arise;
``(7) plan and evaluate research and other activities
related to autism spectrum disorders conducted or supported by
the agencies of the National Institutes of Health, evaluating
the activities of each of such agencies and providing for the
periodic reevaluation of such activities;
``(8) maintain communications with all relevant departments
and agencies of the Federal Government to ensure the timely
transmission of information concerning autism spectrum
disorders; and
``(9) carry out this subsection in consultation with the
heads of the agencies of the National Institutes of Health,
with the advisory councils of such agencies, and with the
Interagency Autism Coordinating Committee.
``(c) Sunset Provision.--This section shall not apply after the
date that is 7 years after the date of the enactment of this
section.''.
SEC. 3. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO
AUTISM SPECTRUM DISORDERS.
Section 409C of the Public Health Service Act (42 U.S.C. 284g) is
amended--
(1) in subsection (a)(1), by striking ``basic and clinical
research'' and inserting ``basic, clinical, and translational
research'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``basic and clinical
research'' and inserting ``basic, clinical, and
translational research''; and
(ii) by inserting ``, building upon the
recommendations set forth in the most recent
strategic plan for autism spectrum disorders of
the Interagency Autism Coordinating Committee
established under section 399CC'' before the
period at the end of the second sentence; and
(B) by adding at the end the following:
``(6) Definition.--In this section, the term
`translational', with respect to research, means emphasizing
the development and delivery of effective new therapies to
patients.''; and
(3) in subsection (c), by inserting ``, biosamples relevant
to environmental exposures,'' after ``tissues''.
SEC. 4. CLARIFYING AMENDMENTS WITH RESPECT TO AUTISM INTERVENTION.
Section 399BB(f) of the Public Health Service Act (42 U.S.C. 280i-
1(f)) is amended--
(a) by inserting ``to research networks'' after ``contracts''; and
(b) by striking ``interventions for individuals'' and inserting
``interventions to improve the physical and behavioral health and well-
being of individuals''.
|
National Autism Spectrum Disorders Initiative Act of 2011 - Amends the Public Health Service Act to establish the National Autism Spectrum Disorders Initiative in the Office of the Secretary of Health and Human Services (HHS) to improve the lives of persons with autism spectrum disorders through research focused on prevention, treatment, services, and cures. Requires the Secretary to: (1) act as the primary federal official with responsibility for overseeing all NIH research on autism spectrum disorders; (2) approve the autism spectrum disorder research strategic plan developed by the Interagency Autism Coordinating Committee and be responsible for its implementation; (3) receive directly from the President and the Director of the Office of Management and Budget (OMB) all funds available for autism spectrum disorder activities of NIH; (4) allocate such funds in accordance with the strategic plan; (5) allocate amounts within 30 days after receipt, to the extent practicable; (6) have authority to reallocate up to 3% of the total amount allocated as needs change and opportunities arise; (7) plan and evaluate NIH research and other activities related to autism spectrum disorders; (8) maintain communications with all relevant federal departments and agencies to ensure the timely transmission of information concerning autism spectrum disorders; and (9) carry out this Act in consultations with the heads of NIH agencies and their advisory councils and the Interagency Autism Coordinating Committee. Terminates such provisions seven years after the date of enactment of this Act.
Expands authorized research for centers of excellence for autism spectrum disorders to include translational research. Requires the Director of NIH to provide for a program under which biosamples relevant to environmental exposures that are of use in research on autism spectrum disorders are donated, collected, preserved, and made available for such research.
|
{"src": "billsum_train", "title": "To establish a National Autism Spectrum Disorders Initiative, and for other purposes."}
| 1,078 | 372 | 0.694796 | 2.089147 | 0.943685 | 4.242515 | 2.847305 | 0.89521 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Care Health Practitioner
Incentive Act of 1995''.
SEC. 2. INCREASED MEDICARE REIMBURSEMENT FOR NURSE PRACTITIONERS AND
CLINICAL NURSE SPECIALISTS.
(a) Removal of Restrictions on Settings.--
(1) In general.--Section 1861(s)(2)(K)(ii) of the Social
Security Act (42 U.S.C. 1395x(s)(2)(K)(ii)) is amended to read
as follows:
``(ii) services which would be physicians' services if
furnished by a physician (as defined in subsection (r)(1)) and
which are performed by a nurse practitioner or clinical nurse
specialist (as defined in subsection (aa)(5)) working in
collaboration (as defined in subsection (aa)(6)) with a
physician (as so defined) which the nurse practitioner or
clinical nurse specialist is legally authorized to perform by
the State in which the services are performed, and such
services and supplies furnished as an incident to such services
as would be covered under subparagraph (A) if furnished
incident to a physician's professional service;''.
(2) Conforming amendments.--
(A) Section 1861(s)(2)(K) of such Act (42 U.S.C.
1395x(s)(2)(K)), as amended by paragraph (1), is
amended--
(i) in clause (i), by inserting ``and such
services and supplies furnished as incident to
such services as would be covered under
subparagraph (A) if furnished as an incident to
a physician's professional service.'' after
``are performed, and''; and
(ii) by striking clauses (iii) and (iv).
(B) Section 1861(b)(4) of such Act (42 U.S.C.
1395x(b)(4)) is amended by striking ``clauses (i) or
(iii) of subsection (s)(2)(K)'' and inserting
``subsection (s)(2)(K)''.
(C) Section 1862(a)(14) of such Act (42
U.S.C. 1395y(a)(14)) is amended by striking
``section 1861(s)(2)(K)(i) or
1861(s)(2)(K)(iii)'' and inserting ``section
1861(s)(2)(K)''.
(D) Section 1866(a)(1)(H) of such Act (42
U.S.C. 1395cc(a)(1)(H)) is amended by striking
``section 1861(s)(2)(K)(i) or
1861(s)(2)(K)(iii)'' and inserting ``section
1861(s)(2)(K)''.
(b) Increased Payment.--
(1) Fee schedule amount.--Section 1833(a)(1)(O) of the
Social Security Act (42 U.S.C. 1395l(a)(1)(O)) is amended to
read as follows: ``(O) with respect to services described in
section 1861(s)(2)(K)(ii) (relating to nurse practitioner or
clinical nurse specialist services), the amounts paid shall be
equal to 80 percent of (i) the lesser of the actual charge or
85 percent of the fee schedule amount provided under section
1848 for the same service provided by a physician who is not a
specialist; or (ii) in the case of services as an assistant at
surgery, the lesser of the actual charge or 85 percent of the
amount that would otherwise be recognized if performed by a
physician who is serving as an assistant at surgery, and''.
(2) Conforming amendments.--
(A) Section 1833(r) of such Act (42 U.S.C.
1395l(r)) is amended--
(i) in paragraph (1), by striking ``section
1861(s)(2)(K)(iii) (relating to nurse
practitioner or clinical nurse specialist
services provided in a rural area),'' and
inserting ``section 1861(s)(2)(K)(ii) (relating
to nurse practitioner or clinical nurse
specialist services),'';
(ii) by striking paragraph (2);
(iii) in paragraph (3), by striking
``section 1861(s)(2)(K)(iii)'' and inserting
``section 1861(s)(2)(K)(ii)''; and
(iv) by redesignating paragraph (3) as
paragraph (2).
(B) Section 1842(b)(12)(A) of such Act (42 U.S.C.
1395u(b)(12)(A)) is amended in the matter preceding
clause (i), by striking ``clauses (i), (ii), or (iv) of
section 1861(s)(2)(K) (relating to a physician
assistants and nurse practitioners)'' and inserting
``section 1861(s)(2)(K)(i) (relating to physician
assistants)''.
(c) Direct Payment for Nurse Practitioners and Clinical Nurse
Specialists.--
(1) In general.--Section 1832(a)(2)(B)(iv) of the Social
Security Act (42 U.S.C. 1395k(a)(2)(B)(iv)) is amended by
striking ``provided in a rural area (as defined in section
1886(d)(2)(D))''.
(2) Conforming amendment.--Section 1842(b)(6)(C) of such
Act (42 U.S.C. 1395u(b)(6)(C)) is amended--
(A) by striking ``clauses (i), (ii), or (iv)'' and
inserting ``clause (i)''; and
(B) by striking ``or nurse practitioner''.
(d) Bonus Payment for Services Provided in Health Professional
Shortage Areas.--Section 1833(m) of such Act (42 U.S.C. 1395l(m)) is
amended--
(1) by inserting ``(1)'' after ``(m)''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of services of a nurse practitioner or clinical
nurse specialist furnished to an individual, described in paragraph
(1), in an area that is a health professional shortage area as
described in such paragraph, in addition to the amount otherwise paid
under this part, there shall also be paid to such service provider (on
a monthly or quarterly basis) from the Federal Supplementary Medical
Insurance Trust Fund an amount equal to 10 percent of the payment
amount for the service under this part.''.
(e) Definition of Clinical Nurse Specialist Clarified.--Section
1861(aa)(5) of such Act (42 U.S.C. 1395x(aa)(5)) is amended--
(1) by inserting ``(A)'' after ``(5)'';
(2) by striking ``The term ```physician assistant''' and
all that follows through ``who performs'' and inserting ``The
term `physician assistant' and the term `nurse practitioner'
mean, for purposes of this title, a physician assistant or
nurse practitioner who performs''; and
(3) by adding at the end the following new subparagraph:
``(B) The term `clinical nurse specialist' means, for
purposes of this title, an individual who--
``(i) is a registered nurse and is licensed to
practice nursing in the State in which the clinical
nurse specialist services are performed; and
``(ii) holds a master's degree in a defined
clinical area of nursing from an accredited educational
institution.''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to services furnished and supplies provided on and
after July 1, 1995.
|
Primary Care Health Practitioner Incentive Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act, with respect to payments for medical and other health services, to cover services which would be physicians' services if furnished by a physician but: (1) which are performed by a clinical nurse specialist working in collaboration with a physician; and (2) which the clinical nurse specialist is legally authorized to perform by the State. Eliminates the requirement, with respect to such services performed by a nurse practitioner, that they be performed in a skilled nursing facility or other specified nursing facility. Covers, in addition, other services and supplies incidental to such services.
Revises the formula for payment from the Federal Supplementary Medical Insurance Trust Fund for such services (thereby increasing such payment).
Repeals the rural area restriction on services performed by nurse practitioners or clinical nurse specialists for which direct payment may be made.
Requires a ten percent bonus payment from the Fund for services of a nurse practitioner or clinical nurse specialist furnished in a health professional shortage area.
|
{"src": "billsum_train", "title": "Primary Care Health Practitioner Incentive Act of 1995"}
| 1,834 | 228 | 0.543547 | 1.560951 | 0.90588 | 2.660194 | 6.73301 | 0.864078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for the American Diplomats
Held Hostage in Tehran Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1979, agents of the Islamic Republic of Iran stormed
the United States Embassy in Tehran, taking American military
and diplomatic personnel hostage.
(2) The Iranian Government then held United States Embassy
personnel as hostages for 444 days, subjecting them to profound
physical and mental abuse, and forcing the United States to
negotiate their release, under duress.
(3) In the resultant agreement (commonly known as the
Algiers Accords) the United States agreed, among other steps,
to bar and preclude the hostages from prosecuting any claim
against Iran in United States courts.
(4) The Algiers Accords were never submitted to Congress
for ratification and none of the hostages or their family
members was consulted by the United States Government or
consented to these provisions precluding prosecution of their
claims.
(5) Notwithstanding the applicability of legal principles
which allowed the United States to renounce this obligation to
bar and preclude the prosecution of claims in United States
courts because they were so clearly negotiated under duress,
the United States Government has repeatedly intervened in
United States courts to preclude the prosecution of any claim
by the hostages against Iran, arguing that, in its opinion,
compliance with this agreement served overriding national
security interests which justified the taking of the hostages'
right to pursue compensation from Iran in United States courts.
(6) The United States Government has failed to propose any
process by which the hostages and their family members could be
compensated for the injuries and damages suffered by them by
reason of the horrific and heinous treatment while in
captivity.
(7) Congress has determined that the provision of
compensation to the hostages and their families through, among
other sources, funds obtained by vesting and liquidating
property in which Iran and its surrogates claim an interest
(including any funds held by the United States, including in
trust) is fully consistent with the Algiers Accords.
(8) Congress has determined that, only upon the payment of
such compensation, should the agreement by the United States
Government to bar and preclude prosecution of such claims in
United States courts be confirmed and ratified by legislation,
notwithstanding the duress under which the United States
originally negotiated that agreement.
SEC. 3. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN.
(a) Common Fund for Hostages.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall establish a common fund
to be administered by the class representatives and agents for the
former American hostages in Iran and their survivors (as identified in
case number 1:08-CV-00487 (EGS) of the United District Court for the
District of Columbia). Such common fund shall--
(1) be administered to pay claims to the Americans held
hostage in Iran, and to members of their families, who are
identified as class members in case number 1:08-CV-00487 (EGS)
of the United States District Court for the District of
Columbia; and
(2) be administered for purposes of satisfying such claims,
as approved by the class representatives and agents identified
in that case number.
(b) Funding.--
(1) Sources.--
(A) Fines and penalties.--
(i) In general.--The President shall pay to
the fund under subsection (a) an amount equal
to 50 percent of all amounts collected as fines
and penalties by reason of the application of
clause (ii) on or after the date of enactment
of this Act. The total amount of payments that
may be made into the fund under this clause may
not exceed the estimated total amount of
payments to be made under subsection (d).
(ii) Fines and penalties.--The maximum
fines and penalties authorized to be imposed,
in whole or in part, for violations of any
conduct or activities with respect to any
government or person by reason of their
connection with or sponsorship by Iran are
hereby increased by 100 percent.
(B) Seized or frozen assets.--The President is
authorized to pay to the fund under subsection (a)--
(i) any funds or property in which Iran has
an interest, and
(ii) any funds or property in which any
person or entity subject to any law providing
for sanctions against Iran by reason of such
person's or entity's relationship to or
connection with Iran has an interest,
held by the United States (including in the form of a
trust) or subject to any prohibition or regulation with
respect to any financial transactions in connection
therewith. The President is authorized to vest and
liquidate any property identified in this subparagraph
in order to make payment as provided in this
subparagraph.
(2) Timing of funding.--Payments of claims from the fund
under subsection (a)--
(A) using funds held by the United States or funds
that become subject to prohibition or regulation as of
the date of enactment of this Act shall be made not
later than 60 days of the date of enactment of this
Act; and
(B) using funds which come into the possession of
the United States or funds that become subject to
prohibition or regulation after the date of enactment
of this Act shall be paid not later 60 days after
coming into the possession of the United States or
funds that become subject to prohibition or regulation,
as the case may be.
(3) Satisfaction of claims.--Payments to the fund under
subsection (a) shall be made until the amounts described in
subsection (d) are satisfied in full. If the President
determines that the amounts can be fully satisfied within 1
year after the date of enactment of this Act from funds other
than those held by the United States as trustee, the President
may defer payment of funds held by the United States as trustee
until one year after such date of enactment, but shall ensure
during such 1-year period of deferral that any such funds held
by the United States as trustee shall not be disbursed,
transferred or otherwise constrained for payment as otherwise
may be required under this Act.
(c) Distribution of Funds.--
(1) In general.--Funds paid to the fund under subsection
(b) shall be distributed by the class representatives and
agents to the former American hostages in Iran and their
survivors (as identified in case number 1:08-CV-00487 (EGS) of
the United States District Court for the District of Columbia)
in the amounts described in subsection (d).
(2) Priority.--Subject to subsection (d), payments from
funds paid to the fund under subsection (b) shall be
distributed as follows:
(A) First, to each living former hostage identified
as a class member under subsection (a)(1).
(B) Second, to the estate of each deceased former
hostage identified as a class member under subsection
(a)(1).
(C) Third, to each spouse or child of a former
hostage identified as a class member under subsection
(a)(1) if the spouse or child is identified as a class
member under subsection (a)(1).
(d) Amount of Payments.--The amount of payments from funds paid to
the fund under subsection (b) shall be distributed as follows:
(1) For each former hostage described in subsection
(c)(2)(A), $10,000 for each day of captivity of the former
hostage.
(2) For the estate of each deceased former hostage
described in subsection (c)(2)(B), $10,000 for each day of
captivity of the former hostage.
(3) For each spouse or child of a former hostage described
in subsection (c)(2)(C), $5,000 for each day of captivity of
the former hostage.
(e) Subrogation.--The United States shall be fully subrogated, with
respect to payments under this Act, to all rights of each individual
paid under subsection (d) against the Government of Iran or the Iranian
Revolutionary Guard Corps or its affiliates or agents. The President
shall pursue these subrogated rights as claims or offsets of the United
States in appropriate ways until such subrogated claims have been
resolved to the satisfaction of the United States.
(f) Preclusion of Suit and Waiver of Claims.--Upon payment of all
amounts described in subsection (d), each person receiving such payment
shall be precluded from bringing suit against Iran of any claim arising
out of events occurring between November 3, 1979, and January 20, 1981,
and all such claims as against Iran shall be deemed waived and forever
released.
(g) Reimbursement of Seized or Frozen Assets.--Upon payment of all
amounts described in subsection (d), the President is authorized to
make payments from amounts paid to the fund under subsection (b)(1)(A)
to any person or entity described in subsection (b)(1)(B) for purposes
of reimbursing such person or entity for funds or property of such
person or entity held by the United States as identified in subsection
(b)(1)(B).
(h) Deposit of Funds in the Treasury.--Any amounts in the fund
under subsection (a) which remain after the date on which payments of
all amounts described in subsection (d) are made, or the date that is 2
years after the date of the enactment of this Act, whichever occurs
later, shall be deposited in the Treasury of the United States.
|
Justice for the American Diplomats Held Hostage in Tehran Act - Directs the Secretary of the Treasury to establish a common fund to be administered by the class representatives and agents for the former American hostages in Iran and their survivors (case number 1:08-CV-00487 (EGS) of the U.S. District Court for the District of Columbia) in order to pay claims to the American hostages and to family members identified as class members.
Finances the fund from: (1) fines and penalties for violations of activities with respect to any government or person by reason of a connection with Iran, and (2) seized or frozen Iranian assets or assets from persons or entities subject to Iran-related sanctions.
Sets forth payment priority and amount provisions.
States that the United States shall be fully subrogated with respect to payments to all rights of each individual paid under this Act against the government of Iran or the Iranian Revolutionary Guard Corps (IRGC).
|
{"src": "billsum_train", "title": "To establish a common fund to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:08-CV-00487 (EGS) of the United States District Court for the District of Columbia, and for other purposes."}
| 2,058 | 200 | 0.550189 | 1.709692 | 0.530185 | 4.611111 | 10.755556 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Fair Prepayment Act''.
SEC. 2. APPLICATION OF PREPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS.
Section 455(d) of the Higher Education Act of 1965 (20 U.S.C.
1087e(d)) is amended by adding at the end the following new paragraph:
``(6) Application of prepayment amounts.--
``(A) Requirement.--Notwithstanding any other
provision of this subsection or any other provision of
law--
``(i) with respect to loans made to an
eligible borrower under this part or part B,
which are held by the same holder and which
have different applicable rates of interest,
the holder of such loans shall, unless
otherwise requested by the borrower in writing,
apply the borrower's prepayment amount (within
the meaning of section 682.209(b) of title 34,
Code of Federal Regulations, or a successor
regulation) for one or more of such loans,
first toward the outstanding balance of
principal due on the loan with the highest
applicable rate of interest among such loans;
and
``(ii) except as provided in clause (i),
with respect to loans made to an eligible
borrower under this part or part B, which are
held by the same holder and which have the same
applicable rates of interest, the holder of
such loans shall, unless otherwise requested by
the borrower in writing, apply the borrower's
prepayment amount (within the meaning of
section 682.209(b) of title 34, Code of Federal
Regulations, or a successor regulation) for one
or more of such loans, first toward the
outstanding balance of principal due on the
loan with the highest principal balance among
such loans.
``(B) Eligible borrower.--
``(i) In general.--For purposes of this
paragraph, the term `eligible borrower' means a
borrower with no outstanding balance of fees,
including collection costs and authorized late
charges, due on any loan made under this part
or part B.
``(ii) Prepayment amounts.--A prepayment
amount (as described in subparagraph (A)) made
by a borrower who is not an eligible borrower
to a holder shall be applied first toward the
borrower's outstanding balance of fees,
including collection costs and authorized late
charges, due on any loan made under this part
or part B held by such holder.
``(C) Exceptions.--This paragraph shall not apply
to an income-based repayment plan under section 493C or
an income contingent repayment plan under section
455(d)(1)(D), such as a Pay As You Earn repayment
plan.''.
SEC. 3. APPLICATION OF PREPAYMENT AMOUNTS FOR PERKINS LOANS.
Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C.
1087dd(c)(1)(C)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by adding at the end the following:
``(iii) shall provide that the institution
shall, in the case of a borrower with no
outstanding balance of fees (including
collection costs and authorized late charges)
due on the loans held by the institution and
who repays more than the amount due for a
repayment period--
``(I) with respect to loans held by
the same institution and which have
different applicable rates of interest,
use the excess to prepay (within the
meaning of section 674.31(b)(4)(iv) of
title 34, Code of Federal Regulations,
or a successor regulation) the
principal due on the loan with the
highest applicable rate of interest
among such loans, unless otherwise
requested by the borrower in writing;
and
``(II) except as provided in
subclause (I), with respect to loans
held by the same institution and which
have the same applicable rates of
interest, use the excess to prepay
(within the meaning of section
674.31(b)(4)(iv) of title 34, Code of
Federal Regulations, or a successor
regulation) the principal due on the
loan with the highest principal balance
among such loans, unless otherwise
requested by the borrower in writing;
and
``(iv) shall provide that the institution
shall, in the case of a borrower with an
outstanding balance of fees (such as collection
costs and authorized late charges) due on the
loans held by the institution and who repays
more than the amount due for a repayment
period, first apply such excess toward such
outstanding balance of fees;''.
SEC. 4. APPLICATION OF PREPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS.
Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is
amended by adding at the end the following:
``(12) Application of prepayment amounts.--
``(A) In general.--Notwithstanding any other
provision of law--
``(i) with respect to a borrower with more
than one private education loan which are held
by the same holder and which have different
applicable rates of interest, the holder of
such loans shall, unless otherwise requested by
the borrower in writing, apply the borrower's
prepayment amount (within the meaning of
section 682.209(b) of title 34, Code of Federal
Regulations, or a successor regulation) for one
or more of such loans, first toward the
outstanding balance of principal due on the
loan with the highest applicable rate of
interest among such loans; and
``(ii) except as provided in clause (i),
with respect to a borrower with more than one
private education loan which are held by the
same holder and which have the same applicable
rates of interest, the holder of such loans
shall, unless otherwise requested by the
borrower in writing, apply the borrower's
prepayment amount (within the meaning of
section 682.209(b) of title 34, Code of Federal
Regulations, or a successor regulation) for one
or more of such loans, first toward the
outstanding balance of principal due on the
loan with the highest principal balance among
such loans.
``(B) Exception.--
``(i) In general.--Subparagraph (A) shall
not apply to any prepayment amount made by a
borrower to a holder if the borrower has an
outstanding balance of fees, including
collection costs and authorized late charges,
due on any private education loan held by such
holder.
``(ii) Prepayment amounts.--A prepayment
amount (as described in subparagraph (A)) made
by a borrower described in subparagraph (B) to
a holder shall be applied first toward the
borrower's outstanding balance of fees,
including collection costs and authorized late
charges, due on any private education loan held
by such holder.''.
|
Student Loan Fair Prepayment Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require a student loan borrower's prepayment amount on a Federal Family Education Loan, Federal Direct Loan, or Federal Perkins Loan to be applied first toward outstanding fees and then, unless a borrower requests otherwise, in the following order: (1) toward the principle due on the loan with the highest interest rate, if multiple loans have different interest rates; and (2) toward the principle due on the loan with the highest balance, if multiple loans have the same interest rate. Additionally, it amends the Truth in Lending Act to require a borrower's prepayment amount on a private education loan to be applied first toward outstanding fees and then, unless a borrower requests otherwise, in the following order: (1) toward the principle due on the loan with the highest interest rate, if multiple loans have different interest rates; and (2) toward the principle due on the loan with the highest balance, if multiple loans have the same interest rate.
|
{"src": "billsum_train", "title": "Student Loan Fair Prepayment Act"}
| 1,556 | 226 | 0.563843 | 1.646227 | 0.79818 | 2.791262 | 6.723301 | 0.88835 |
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