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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minuteman Missile National Historic
Site Establishment Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Minuteman II intercontinental ballistic missile
(referred to in this Act as ``ICBM'') launch control facility and
launch facility known as ``Delta 1'' and ``Delta 9'', respectively,
have national significance as the best preserved examples of the
operational character of American history during the Cold War;
(2) the facilities are symbolic of the dedication and
preparedness exhibited by the missileers of the Air Force stationed
throughout the upper Great Plains in remote and forbidding
locations during the Cold War;
(3) the facilities provide a unique opportunity to illustrate
the history and significance of the Cold War, the arms race, and
ICBM development; and
(4) the National Park System does not contain a unit that
specifically commemorates or interprets the Cold War.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, protect, and interpret for the benefit and
enjoyment of present and future generations the structures
associated with the Minuteman II missile defense system;
(2) to interpret the historical role of the Minuteman II
missile defense system--
(A) as a key component of America's strategic commitment to
preserve world peace; and
(B) in the broader context of the Cold War; and
(3) to complement the interpretive programs relating to the
Minuteman II missile defense system offered by the South Dakota Air
and Space Museum at Ellsworth Air Force Base.
SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--The Minuteman Missile National Historic Site
in the State of South Dakota (referred to in this Act as the
``historic site'') is established as a unit of the National Park
System.
(2) Components of site.--The historic site shall consist of the
land and interests in land comprising the Minuteman II ICBM launch
control facilities, as generally depicted on the map referred to as
``Minuteman Missile National Historic Site'', numbered 406/80,008
and dated September, 1998, including--
(A) the area surrounding the Minuteman II ICBM launch
control facility depicted as ``Delta 1 Launch Control
Facility''; and
(B) the area surrounding the Minuteman II ICBM launch
control facility depicted as ``Delta 9 Launch Facility''.
(3) Availability of map.--The map described in paragraph (2)
shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Adjustments to boundary.--The Secretary of the Interior
(referred to in this Act as the ``Secretary'') is authorized to
make minor adjustments to the boundary of the historic site.
(b) Administration of Historic Site.--The Secretary shall
administer the historic site in accordance with this Act and laws
generally applicable to units of the National Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the preservation
of historic American sites, buildings, objects, and antiquities of
national significance, and for other purposes'', approved August
21, 1935 (16 U.S.C. 461 et seq.).
(c) Coordination With Heads of Other Agencies.--The Secretary shall
consult with the Secretary of Defense and the Secretary of State, as
appropriate, to ensure that the administration of the historic site is
in compliance with applicable treaties.
(d) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with appropriate public and private entities and
individuals to carry out this Act.
(e) Land Acquisition.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire land and interests in land within the
boundaries of the historic site by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange or transfer from another Federal agency.
(2) Prohibited acquisitions.--
(A) Contaminated land.--The Secretary shall not acquire any
land under this Act if the Secretary determines that the land
to be acquired, or any portion of the land, is contaminated
with hazardous substances (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)), unless, with respect
to the land, all remedial action necessary to protect human
health and the environment has been taken under that Act.
(B) South dakota land.--The Secretary may acquire land or
an interest in land owned by the State of South Dakota only by
donation or exchange.
(f) General Management Plan.--
(1) In general.--Not later than 3 years after the date funds
are made available to carry out this Act, the Secretary shall
prepare a general management plan for the historic site.
(2) Contents of plan.--
(A) New site location.--The plan shall include an
evaluation of appropriate locations for a visitor facility and
administrative site within the areas depicted on the map
described in subsection (a)(2) as--
(i) ``Support Facility Study Area--Alternative A''; or
(ii) ``Support Facility Study Area--Alternative B''.
(B) New site boundary modification.--On a determination by
the Secretary of the appropriate location for a visitor
facility and administrative site, the boundary of the historic
site shall be modified to include the selected site.
(3) Coordination with badlands national park.--In developing
the plan, the Secretary shall consider coordinating or
consolidating appropriate administrative, management, and personnel
functions of the historic site and the Badlands National Park.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act.
(b) Air Force Funds.--
(1) Transfer.--The Secretary of the Air Force shall transfer to
the Secretary any funds specifically appropriated to the Air Force
in fiscal year 1999 for the maintenance, protection, or
preservation of the land or interests in land described in section
3.
(2) Use of air force funds.--Funds transferred under paragraph
(1) shall be used by the Secretary for establishing, operating, and
maintaining the historic site.
(c) Legacy Resource Management Program.--Nothing in this Act
affects the use of any funds available for the Legacy Resource
Management Program being carried out by the Air Force that, before the
date of enactment of this Act, were directed to be used for resource
preservation and treaty compliance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Minuteman Missile National Historic Site Establishment Act of 1999 - Establishes the Minuteman Missile National Historic Site, in South Dakota, as a unit of the National Park System.
Requires the Secretary of the Interior to prepare a general management plan for the Site and to consider coordinating or consolidating appropriate administrative, management, and personnel functions of the Site and the Badlands National Park.
Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force in FY 1999 for the maintenance, protection, or preservation of the land or interests in lands comprising the Minuteman II ICBM launch control facilities, including areas surrounding the facilities known as Delta 1 and Delta 9. | {"src": "billsum_train", "title": "Minuteman Missile National Historic Site Establishment Act of 1999"} | 1,559 | 161 | 0.639776 | 1.858163 | 0.782052 | 4.622222 | 10.362963 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovators Job Creation Act of
2015''.
SEC. 2. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(i) Treatment of Credit for Qualified Small Businesses.--
``(1) In general.--At the election of a qualified small
business for any taxable year, section 3111(f) shall apply to
the payroll tax credit portion of the credit otherwise
determined under subsection (a) for the taxable year and such
portion shall not be treated (other than for purposes of
section 280C) as a credit determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) with respect to any qualified
small business for any taxable year is the least of--
``(A) the amount specified in the election made
under this subsection,
``(B) the credit determined under subsection (a)
for the taxable year (determined before the application
of this subsection), or
``(C) in the case of a qualified small business
other than a partnership or S corporation, the amount
of the business credit carryforward under section 39
carried from the taxable year (determined before the
application of this subsection to the taxable year).
``(3) Qualified small business.--For purposes of this
subsection--
``(A) In general.--The term `qualified small
business' means, with respect to any taxable year--
``(i) a corporation or partnership, if--
``(I) the gross receipts (as
determined under the rules of section
448(c)(3), without regard to
subparagraph (A) thereof) of such
entity for the taxable year is less
than $5,000,000, and
``(II) such entity did not have
gross receipts (as so determined) for
any taxable year preceding the 5-
taxable-year period ending with such
taxable year, and
``(ii) any person (other than a corporation
or partnership) who meets the requirements of
subclauses (I) and (II) of clause (i),
determined--
``(I) by substituting `person' for
`entity' each place it appears, and
``(II) by only taking into account
the aggregate gross receipts received
by such person in carrying on all
trades or businesses of such person.
``(B) Limitation.--Such term shall not include an
organization which is exempt from taxation under
section 501.
``(4) Election.--
``(A) In general.--Any election under this
subsection for any taxable year--
``(i) shall specify the amount of the
credit to which such election applies,
``(ii) shall be made on or before the due
date (including extensions) of--
``(I) in the case of a qualified
small business which is a partnership,
the return required to be filed under
section 6031,
``(II) in the case of a qualified
small business which is an S
corporation, the return required to be
filed under section 6037, and
``(III) in the case of any other
qualified small business, the return of
tax for the taxable year, and
``(iii) may be revoked only with the
consent of the Secretary.
``(B) Limitations.--
``(i) Amount.--The amount specified in any
election made under this subsection shall not
exceed $250,000.
``(ii) Number of taxable years.--A person
may not make an election under this subsection
if such person (or any other person treated as
a single taxpayer with such person under
paragraph (5)(A)) has made an election under
this subsection for 5 or more preceding taxable
years.
``(C) Special rule for partnerships and s
corporations.--In the case of a qualified small
business which is a partnership or S corporation, the
election made under this subsection shall be made at
the entity level.
``(5) Aggregation rules.--
``(A) In general.--Except as provided in
subparagraph (B), all persons or entities treated as a
single taxpayer under subsection (f)(1) shall be
treated as a single taxpayer for purposes of this
subsection.
``(B) Special rules.--For purposes of this
subsection and section 3111(f)--
``(i) each of the persons treated as a
single taxpayer under subparagraph (A) may
separately make the election under paragraph
(1) for any taxable year, and
``(ii) the $250,000 amount under paragraph
(4)(B)(i) shall be allocated among all persons
treated as a single taxpayer under subparagraph
(A) in the same manner as under subparagraph
(A)(ii) or (B)(ii) of subsection (f)(1),
whichever is applicable.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of the limitations and aggregation rules under
this subsection through the use of successor companies
or other means,
``(B) regulations to minimize compliance and
record-keeping burdens under this subsection, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(f) in cases where
there is a subsequent adjustment to the payroll tax
credit portion of the credit determined under
subsection (a), including requiring amended income tax
returns in the cases where there is such an
adjustment.''.
(b) Credit Allowed Against FICA Taxes.--Section 3111 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Credit for Research Expenditures of Qualified Small
Businesses.--
``(1) In general.--In the case of a taxpayer who has made
an election under section 41(i) for a taxable year, there shall
be allowed as a credit against the tax imposed by subsection
(a) for the first calendar quarter which begins after the date
on which the taxpayer files the return specified in section
41(i)(4)(A)(ii) an amount equal to the payroll tax credit
portion determined under section 41(i)(2).
``(2) Limitation.--The credit allowed by paragraph (1)
shall not exceed the tax imposed by subsection (a) for any
calendar quarter on the wages paid with respect to the
employment of all individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the
credit under paragraph (1) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit under
paragraph (1) for such quarter.
``(4) Deduction allowed for credited amounts.--The credit
allowed under paragraph (1) shall not be taken into account for
purposes of determining the amount of any deduction allowed
under chapter 1 for taxes imposed under subsection (a).''.
(c) Effective Date.--The amendments made by this section shall
apply to credits determined for taxable years beginning after December
31, 2014.
SEC. 3. RESEARCH CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.
(a) In General.--Subparagraph (B) of section 38(c)(4) of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating clauses (ii), (iii), (iv), (v), (vi),
(vii), (viii), and (ix) as clauses (iii), (iv), (v), (vi),
(vii), (viii), (ix), and (x), respectively, and
(2) by inserting after clause (i) the following new clause:
``(ii) the credit determined under section
41 with respect to an eligible small business
(as defined in paragraph (5)(C), after
application of rules similar to the rules of
paragraph (5)(D)),''.
(b) Effective Date.--The amendments made by this section shall
apply to credits determined for taxable years beginning after December
31, 2014, and to carrybacks of such credits. | Innovators Job Creation Act of 2015 Amends the Internal Revenue Code to allow a qualified small business to elect to use a portion of its tax credit for increasing research expenditures as an offset against its payroll tax liability under the Federal Insurance Contributions Act. Defines "qualified small business" as a corporation, a partnership, or a person other than a tax-exempt organization that had gross receipts of less than $5 million for the taxable year and that did not have gross receipts for any period preceding the five-taxable-year period ending with such taxable year. Limits: (1) the number of years a taxpayer may elect to offset payroll taxes under this Act to five, and (2) the annual amount of such offset to $250,000. Allows an offset of research tax credit amounts against alternative minimum tax liability. | {"src": "billsum_train", "title": "Innovators Job Creation Act of 2015"} | 1,880 | 190 | 0.610037 | 1.653043 | 0.677807 | 1.987421 | 10.918239 | 0.792453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spending Cuts to Expired and
Unnecessary Programs Act''.
SEC. 2. RESCISSION OF BUDGET AUTHORITY.
(a) In General.--Pursuant to the special message transmitted by the
President on May 8, 2018, to the House of Representatives and the
Senate proposing the rescission of budget authority under section 1012
of part B of title X of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 682 et seq.), the rescissions described
under subsection (b) shall take effect immediately upon the date of
enactment of this Act.
(b) Rescissions.--The rescissions described in this subsection are
as follows:
(1) Of the unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X1600, $148,000,000 are permanently
rescinded.
(2) Of the unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X1004, the following amounts are
permanently rescinded:
(A) $143,854,263 of amounts made available in
section 1241(a)(5) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(5)).
(B) $146,650,991 of amounts made available under
the amendment made by section 2701(d) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246).
(C) $33,261,788 of amounts made available under the
amendment made by section 2701(e) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246).
(D) $12,960,988 of amounts made available under the
amendment made by section 2701(g) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246).
(E) $7,447,193 of amounts made available under the
amendment made by section 2510 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246).
(F) $155,332,698 of amounts made available from the
Commodity Credit Corporation to carry out the wetlands
reserve program.
(3) Of the unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X1072, the following amounts are
rescinded:
(A) $107,482,457 of amounts made available under
the heading ``Emergency Conservation Activities'' in
title X of the Disaster Relief Appropriations Act, 2013
(Public Law 113-2) for activities under section 403 of
the Agriculture Credit Act of 1978 (Emergency Watershed
Protection Program; 16 U.S.C. 2203).
(B) $50,000,000 of amounts made available under the
heading ``Watershed and Flood Prevention Operations''
in the Consolidated Appropriations Act, 2017 (Public
Law 115-31).
(4) From amounts made available under the heading
``Department of Agriculture--Rural Housing Service--Rental
Assistance Program'' in the Consolidated Appropriations Act,
2017 (Public Law 115-31) that remain available until September
30, 2018, $40,000,000 are rescinded.
(5) Of the unobligated balances available under the heading
``Department of Agriculture--Rural Housing Service--Rural
Community Facilities Program Account'' in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) and prior Acts,
$2,000,000 are rescinded.
(6) Of the unobligated balances available under the heading
``Department of Agriculture--Rural Business-Cooperative
Service--Rural Cooperative Development Grants'' in the
Consolidated Appropriations Act, 2017 (Public Law 115-31) and
prior Acts, $14,705,229 are rescinded.
(7) Of the amounts made available under the amendments made
by section 9003 of the Agricultural Act of 2014 (Public Law
113-79), $36,410,174 are rescinded.
(8) Of the amounts transferred to, and merged with, the
Rural Utilities Service, High Energy Cost Grants Account by the
matter under the heading ``Department of Agriculture--Rural
Utilities Service--Rural Water and Waste Disposal Program
Account'' in the Consolidated Appropriations Act, 2017 (Public
Law 115-31) and prior Acts, $13,275,855 are rescinded.
(9) Of the unobligated balances available under the heading
``Department of Agriculture--Rural Utilities Service--Rural
Water and Waste Disposal Program Account'' in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) and prior Acts,
$37,000,000 are rescinded. No amounts may be rescinded under
this paragraph from amounts that were designated by the
Congress as an emergency or disaster relief requirement
pursuant to the concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(10) Of the unobligated balances available under the
heading ``Department of Agriculture--Forest Service--Land
Acquisition'' in the Consolidated Appropriations Act, 2017
(Public Law 115-31) and prior Acts that were derived from the
Land and Water Conservation Fund, $16,000,000 are permanently
rescinded.
(11) Of the unobligated balances available under the
heading ``Department of Commerce--Economic Development
Administration--Economic Development Assistance Programs'' from
prior year appropriations, $30,000,000 are rescinded.
(12) Any unobligated balances of amounts provided by
section 129 of division A of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329) for the cost of direct loans as authorized
by section 136(d) of the Energy Independence and Security Act
of 2007 (Public Law 110-140) are rescinded.
(13) Of the unobligated balances made available by section
1425 of the Department of Defense and Full-Year Continuing
Appropriations Act, 2011 (Public Law 112-10) for the cost of
loan guarantees for renewable energy or efficient end-use
energy technologies under section 1703 of the Energy Policy Act
of 2005 (42 U.S.C. 15513), $160,682,760 are rescinded.
(14) Any unobligated balances of amounts made available
under the heading ``Department of Energy--Energy Programs--
Title 17--Innovative Technology Loan Guarantee Program'' in the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) for the cost of guaranteed loans authorized by section 1705
of the Energy Policy Act of 2005 are rescinded.
(15) Of the unobligated balances available from section
301(b)(3) of Public Law 114-10 and pursuant to section
2104(m)(2)(B)(iv) of the Social Security Act, $5,149,512,000
are rescinded.
(16) Of the amounts made available in section
1115A(f)(1)(B) of the Social Security Act, $800,000,000 are
rescinded.
(17) Of the amounts deposited in the Child Enrollment
Contingency Fund for fiscal year 2018 under section 2104(n)(2)
of the Social Security Act, $1,865,000,000 are permanently
rescinded.
(18) Of the unobligated balances available in the
Nonrecurring Expenses Fund established in section 223 of
division G of Public Law 110-161, $220,000,000 are rescinded.
(19) Of the unobligated balances available under the
heading ``Department of Housing and Urban Development--Public
and Indian Housing--Public Housing Capital Fund'' in the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235), $1,192,287 are rescinded.
(20) Of the unobligated balances available under the
heading ``Department of Housing and Urban Development--Public
and Indian Housing--Public Housing Capital Fund'' in the
Consolidated Appropriations Act, 2016 (Public Law 114-113),
$5,243,222 are rescinded.
(21) Of the unobligated balances available under the
heading ``Department of Housing and Urban Development--Public
and Indian Housing--Public Housing Capital Fund'' in the
Consolidated Appropriations Act, 2017 (Public Law 115-31),
$31,980,121 are rescinded.
(22) Of the unobligated balances available until expended
under the heading ``Department of Housing and Urban
Development--Public and Indian Housing--Public Housing Capital
Fund'', including from prior year appropriations, $518,885 are
permanently rescinded.
(23) Of the unobligated balances available under the
heading ``Department of Justice--Legal Activities--Assets
Forfeiture Fund'', including from prior year appropriations,
$106,000,000 are permanently rescinded.
(24) Any unobligated balances of amounts made available
under the amendment made by section 1899K(b) of division B of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5) are rescinded.
(25) Of the unobligated balances available under the
heading ``Bilateral Economic Assistance--Funds Appropriated to
the President--Complex Crises Fund'' in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) and the
Consolidated Appropriations Act, 2016 (Public Law 114-113),
$30,000,000 are rescinded.
(26) From amounts made available under the heading
``Millennium Challenge Corporation'' in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) and prior Acts,
$52,000,000 are rescinded.
(27) Of the unobligated balances available under the
heading ``International Disaster Assistance'' in the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235), $252,000,000 are rescinded.
(28) Of the unobligated balances available in the ``Surface
Transportation Priorities'' account under Treasury Account Fund
Symbol 69X0538 in the Consolidated Appropriations Act, 2010
(Public Law 111-117) or any other Act, $85,938,251 are
rescinded.
(29) Of the unobligated balances available under the
heading ``Department of Transportation--Federal Highway
Administration--Appalachian Development Highway System'' in the
Department of Transportation and Related Agencies
Appropriations Act, 1998 (Public Law 105-66) or any other Act,
$45,240,246 are rescinded.
(30) Of the unobligated balances available under the
heading ``Federal-Aid Highways'' in the Department of
Transportation and Related Agencies Appropriations Act, 2001
(Public Law 106-346) or any other Act, $48,019,600 are
permanently rescinded.
(31) Of the unobligated balances available under the
heading ``Department of Transportation--Federal Railroad
Administration--Capital Assistance for High Speed Rail
Corridors and Intercity Passenger Rail Service'' in the
Consolidated Appropriations Act, 2010 (Public Law 111-117)
$53,404,128 are rescinded.
(32) Of the unobligated balances available for Transit
Formula Grants from fiscal year 2005 and prior fiscal years,
$46,560,000 are permanently rescinded.
(33) Of the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by the
Treasury Forfeiture Fund Act of 1992 (31 U.S.C. 9705),
$53,000,000 are permanently rescinded.
(34) Of the unobligated balances available under the
heading ``Department of the Treasury--Departmental Offices--
Community Development Financial Institutions Fund Program
Account'' for the Bank Enterprise Award Program from the
Consolidated Appropriations Act, 2017 (Public Law 115-31)
$22,787,358 are rescinded.
(35) From amounts made available to the Capital Magnet Fund
for fiscal year 2018 pursuant to sections 1337 and 1339 of the
Housing and Economic Recovery Act of 2008 (12 U.S.C. 4567 and
4569) $141,716,839 are permanently rescinded.
(36) Of the unobligated balances available in the
``National Service Trust'' established in section 102 of the
National and Community Service Trust Act of 1993, $150,000,000
are permanently rescinded.
(37) Of the amounts made available under the amendments
made by section 9 of the Worker, Homeownership, and Business
Assistance Act of 2009 (Public Law 111-92), $132,612,397 are
rescinded. | Spending Cuts to Expired and Unnecessary Programs Act This bill rescinds approximately $15 billion in budget authority over 2018-2028 that was proposed to be rescinded by the President under procedures included in the Impoundment Control Act of 1974. (A rescission is legislation enacted by Congress that cancels the availability of previously enacted budget authority before the authority would otherwise expire. Under current law, the President may propose rescissions to Congress, which must be enacted into law to take effect. Congress may rescind all, part, or none of the amounts proposed by the President. If Congress does not pass rescission legislation within 45 days of continuous session of Congress, the President must make the funds available.) The bill rescinds budget authority from specified programs and accounts within: the Department of Agriculture, the Department of Commerce, the Department of Energy, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, the Department of Labor, the Department of State, the Millennium Challenge Corporation, the U.S. Agency for International Development. the Department of Transportation, the Department of the Treasury, the Corporation for National and Community Service, and the Railroad Retirement Board. | {"src": "billsum_train", "title": "Spending Cuts to Expired and Unnecessary Programs Act"} | 2,986 | 278 | 0.563411 | 1.792988 | 0.688934 | 1.369295 | 9.626556 | 0.697095 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Advisory Committee Act
Amendments of 1997''.
SEC. 2. AMENDMENTS TO THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Exclusions From Definition.--Section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended in the matter
following subparagraph (C), by striking ``such term excludes'' and all
that follows through the period and inserting the following: ``such
term excludes (i) any committee that is composed wholly of full-time,
or permanent part-time, officers or employees of the Federal
Government, and (ii) any committee that is created by the National
Academy of Sciences or the National Academy of Public
Administration.''.
(b) Requirements Relating to the National Academy of Sciences and
the National Academy of Public Administration.--Such Act is further
amended by redesignating section 15 as section 16 and inserting after
section 14 the following new section:
``requirements relating to the national academy of sciences and the
national academy of public administration
``Sec. 15. (a) In General.--An agency may not use any advice or
recommendation provided by the National Academy of Sciences or National
Academy of Public Administration that was developed by use of a
committee created by that academy under an agreement with an agency,
unless--
``(1) the committee was not subject to any actual management or
control by an agency or an officer of the Federal Government;
``(2) in the case of a committee created after the date of the
enactment of the Federal Advisory Committee Act Amendments of 1997,
the membership of the committee was appointed in accordance with
the requirements described in subsection (b)(1); and
``(3) in developing the advice or recommendation, the academy
complied with--
``(A) subsection (b)(2) through (6), in the case of any
advice or recommendation provided by the National Academy of
Sciences; or
``(B) subsection (b)(2) and (5), in the case of any advice
or recommendation provided by the National Academy of Public
Administration.
``(b) Requirements.--The requirements referred to in subsection (a)
are as follows:
``(1) The Academy shall determine and provide public notice of
the names and brief biographies of individuals that the Academy
appoints or intends to appoint to serve on the committee. The
Academy shall determine and provide a reasonable opportunity for
the public to comment on such appointments before they are made or,
if the Academy determines such prior comment is not practicable, in
the period immediately following the appointments. The Academy
shall make its best efforts to ensure that (A) no individual
appointed to serve on the committee has a conflict of interest that
is relevant to the functions to be performed, unless such conflict
is promptly and publicly disclosed and the Academy determines that
the conflict is unavoidable, (B) the committee membership is fairly
balanced as determined by the Academy to be appropriate for the
functions to be performed, and (C) the final report of the Academy
will be the result of the Academy's independent judgment. The
Academy shall require that individuals that the Academy appoints or
intends to appoint to serve on the committee inform the Academy of
the individual's conflicts of interest that are relevant to the
functions to be performed.
``(2) The Academy shall determine and provide public notice of
committee meetings that will be open to the public.
``(3) The Academy shall ensure that meetings of the committee
to gather data from individuals who are not officials, agents, or
employees of the Academy are open to the public, unless the Academy
determines that a meeting would disclose matters described in
section 552(b) of title 5, United States Code. The Academy shall
make available to the public, at reasonable charge if appropriate,
written materials presented to the committee by individuals who are
not officials, agents, or employees of the Academy, unless the
Academy determines that making material available would disclose
matters described in that section.
``(4) The Academy shall make available to the public as soon as
practicable, at reasonable charge if appropriate, a brief summary
of any committee meeting that is not a data gathering meeting,
unless the Academy determines that the summary would disclose
matters described in section 552(b) of title 5, United States Code.
The summary shall identify the committee members present, the
topics discussed, materials made available to the committee, and
such other matters that the Academy determines should be included.
``(5) The Academy shall make available to the public its final
report, at reasonable charge if appropriate, unless the Academy
determines that the report would disclose matters described in
section 552(b) of title 5, United States Code. If the Academy
determines that the report would disclose matters described in that
section, the Academy shall make public an abbreviated version of
the report that does not disclose those matters.
``(6) After publication of the final report, the Academy shall
make publicly available the names of the principal reviewers who
reviewed the report in draft form and who are not officials,
agents, or employees of the Academy.
``(c) Regulations.--The Administrator of General Services may issue
regulations implementing this section.''.
(c) Effective Date and Application.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on the date of the enactment of this Act.
(2) Retroactive effect.--Subsection (a) and the amendments made
by subsection (a) shall be effective as of October 6, 1972, except
that they shall not apply with respect to or otherwise affect any
particular advice or recommendations that are subject to any
judicial action filed before the date of the enactment of this Act.
SEC. 3. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of General Services shall submit a report to the
Congress on the implementation of and compliance with the amendments
made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Advisory Committee Act Amendments of 1997 - Amends the Federal Advisory Committee Act to redefine the term "advisory committee" to exclude any committee that is created by the National Academy of Sciences and the National Academy of Public Administration. Makes such amendment retroactive to October 6, 1972.
Prohibits Federal agency use of any advice or recommendation provided by the National Academy of Sciences or the National Academy of Public Administration that was developed by use of a committee created by that academy under an agreement with an agency except under specified conditions. Sets forth public disclosure requirements for such academies.
Requires the Administrator of General Services to report to the Congress on the implementation of and compliance with the amendments made by this Act. | {"src": "billsum_train", "title": "Federal Advisory Committee Act Amendments of 1997"} | 1,345 | 157 | 0.673519 | 1.799772 | 0.738618 | 5.065693 | 9.416058 | 0.875912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian River Fisheries and Riverbed
Restoration Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) California's Russian River and its tributaries contain
anadromous fish resources that are an important component of
the local, regional, and State commercial and sport
recreational fisheries. The commercial and recreational harvest
of Russian River salmon and steelhead has historically made an
important contribution to local economies.
(2) The Russian River supported one of the most productive
steelhead fisheries in North America as recently as 1940.
(3) In the recent past, the Russian River supported an
abundant population of coho salmon and still contains a remnant
population of this species, which has been proposed for listing
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) The Russian River provides numerous other beneficial
uses to the many people who inhabit its basin. The River is a
source of drinking and irrigation water, a popular destination
for recreational water sports enthusiasts, the soil source for
prime agricultural bottom lands, the primary local source of
aggregate resources, and the source of hydroelectric power
generated by 2 major dams.
(5) Development of the Russian River for beneficial uses
has resulted in the degradation of the river system's riparian
areas, streambed, water quality and stream flows. The net
result of construction and operation of dams and agricultural
water diversions, water conveyance from the Eel River, past
gravel mining, timber harvest practices, road building
activities, and residential and agricultural development of
flood plains has been a substantial degradation of fish habitat
in the River. These environmental alterations have caused a
major decline in salmon and steelhead fish populations in the
River, and have also had a negative impact on several other
beneficial uses.
(6) The Federal Government, through the construction of
Coyote Dam in Mendocino County and Warm Springs Dam in Sonoma
County and the Russian River Flood Control Project, is
substantially responsible for the loss and degradation of fish
habitat in the River.
(7) Overlapping Federal, State, and local jurisdictions
have historically hampered fishery conservation efforts and
prevented the Federal Government and the State of California
from fulfilling their responsibilities to protect the River's
anadromous fishery resources.
(8) The California Department of Fish and Game has
authority under State law to direct the restoration of the
State's anadromous fishery resources in accordance with
comprehensive river basin anadromous fisheries restoration
plans. The department is in the process of developing a basin
plan for the Russian River.
(9) The California State Coastal Conservancy is in the
process of producing a resource enhancement and restoration
plan for the main stem of the Russian River.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To protect and restore the River's anadromous fish
habitat for the purpose of optimizing production of salmon and
steelhead.
(2) To foster cooperation between Federal, State, and local
agencies in protecting, restoring, and enhancing the River's
anadromous fishery resources.
(3) To construct a pilot project for the purpose of testing
and demonstrating the benefits of large scale main stem river
channel restoration and stream corridor management.
(4) To review the operation of Federal dam and flood
control projects and assess the environmental impacts of their
operation on the River.
(5) To provide matching funds, if necessary, for the
development of the Program Plan, and to provide funds to begin
implementation of the Program Plan and for monitoring and
evaluating implementation of the program.
SEC. 4. PILOT PROJECT TO REESTABLISH RIVER CHANNEL AND FLOODWAY; FISH
HABITAT RESTORATION PROJECTS.
(a) River Channel and Floodway Project.--The Administrator shall
conduct 1 or more pilot projects on the main channel of the River which
may be identified in the Resource Plan, to demonstrate measures to
reestablish a channel and floodway in dynamic equilibrium with the
River and to prevent the down cutting of the River bed. The goals of
the pilot projects shall be to create in-stream fish and wildlife
habitat, reduce bank erosion and loss of riparian vegetation, and
accommodate high flows without accompanying damage to land or property.
To the extent practicable, activities on the main river channel under
the pilot project shall be integrated with projects on tributaries and
basin-wide water management, and shall account for the physical and
ecological interdependency within the watershed. This project will only
be completed with willing landowners. The Administrator may contract
with the California State Coastal Conservancy to carry out the pilot
projects.
(b) Fish Habitat Restoration Project.--The Chief, working through
the Resource Conservation Districts and with the California Department
of Fish and Game, shall carry out high priority fish habitat
restoration projects on the River's tributaries or watershed
restoration projects that are identified in and are consistent with the
objectives of the Program Plan.
(c) Cooperation With Other Agencies.--The Administrator and the
Chief shall work with the United States Fish and Wildlife Service,
National Marine Fisheries Service, Army Corps of Engineers, and the
State of California in carrying out activities under this section.
(d) Grants to States.--The Administrator and the Chief shall use
their existing authorities to award grants or contracts (or both) to
State or local agencies (or both) to carry out this section and for
monitoring activities under this section.
(e) Report.--Not later than September 30, 1996, the Administrator
and the Chief shall each report to the Congress on progress made toward
implementing this section.
(f) Review of Coyote Dam and Warm Springs Dam.--
(1) Review.--The Secretary in consultation with the
Director of the United States Fish and Wildlife Service shall
review the effects of the operation and water release schedule
of the Coyote Dam in Mendocino County on bank erosion problems,
river channel down cutting, decreases in ground water supplies
and scour of riparian habitat. The Secretary shall identify
alternative release schedules which will reduce adverse impacts
along the River and provide fisheries habitat benefits. The
Secretary shall also review channel clearing and maintenance
measures currently required along the Alexander Valley reach of
the River channel as part of the Russian River Flood Control
project for their adverse environmental effects on fisheries
habitat in the River. The Secretary shall identify alternative
measures which reduce bank erosion problems and promote
riparian and fisheries habitat restoration while providing the
same or higher level of flood water channel capacity as the
original 1955 Federal project. Further, the Secretary shall
review the effects that operation of Warm Springs dam will have
on fish habitat in Dry Creek and downstream reaches of the
River, including potential effects that the project will have
on the middle reach of the River when fully operational.
(2) Report.--Not later than September 30, 1996, the
Secretary shall report to the Congress the results of the
reviews under this subsection.
SEC. 5. RUSSIAN RIVER BASIN ADVISORY COMMITTEE.
(a) Establishment.--There is established an advisory committee
which shall be composed of not more than 20 people selected by the
Chief in consultation with the Administrator. The committee shall be
representative of the various groups with an interest in the Russian
River and shall be selected according to the following guidelines:
(1) Members of the Russian River Enhancement Plan Technical
Advisory Committees established by the California State Coastal
Conservancy shall be considered if they choose to serve.
(2) Membership shall include representatives of organized
fishery groups even if not presently on the Russian River
Enhancement Plan Technical Advisory Committees.
(3) Membership shall be balanced geographically between
Mendocino and Sonoma Counties.
(4) Membership shall include representatives of State and
Federal agencies involved in managing river natural resources
but there shall be no more than 6 such members.
(b) Functions.--The advisory group shall advise and assist the
Administrator and the Chief regarding the implementation and monitoring
of the activities authorized by this Act.
(c) Chairman; Meetings.--The chairman of the advisory committee
shall be a representative of a river fishery group who is chosen by
majority vote of the advisory committee. The term of an individual as
chairman shall be 2 years. The chairman shall call meetings of the
advisory committee at least 4 times each year. The advisory committee,
in consultation with the Administrator and the Chief, may establish its
own order of business.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means Administrator of the
Environmental Protection Agency, acting through the Regional
Administrator for the ninth region.
(2) The term ``Chief'' means the Chief of the Soil
Conservation Service.
(3) The term ``Program Plan'' means the Russian River Basin
Andromous Fisheries Restoration Plan being developed by the
California Department of Fish and Game.
(4) The term ``Resource Plan'' means the Russian River
Resource Enhancement Plan being developed by the California
State Coastal Conservancy.
(5) The term ``River'' means the Russian River in
California.
(6) The term ``Secretary'' means the Secretary of the Army.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $7,000,000 for carrying out
this Act for fiscal years beginning after September 30, 1993.
$4,000,000 shall be allocated for the tributary restoration which shall
include a maximum of $500,000 for completion of the Program Plan and a
maximum of $100,000 for support services for the Basin Advisory
Committee. $3,000,000 shall be allocated for the riverbed restoration
pursuant to the Resource Plan. Such sums shall remain available until
expended. A portion of the funding shall be used for Federal staff for
accomplishing the goals. | Russian River Fisheries and Riverbed Restoration Act - Directs the Administrator of the Environmental Protection Agency to conduct one or more pilot projects on the main channel of the Russian River in California which may be identified in the Russian River Resource Enhancement Plan, to demonstrate measures to reestablish a channel and floodway in dynamic equilibrium with the River and to prevent the down cutting of the River bed.
Requires the Chief of the Soil Conservation Service, working through the Resource Conservation Districts and with the California Department of Fish and Game, to carry out high priority fish habitat restoration projects on the River's tributaries or watershed restoration projects that are identified in and are consistent with the objectives of the Program Plan.
Directs the Secretary of the Army, in consultation with the Director of the United States Fish and Wildlife Service, to review the effects of the operation and water release schedule of the Coyote Dam in Mendocino County on bank erosion problems, river channel down cutting, decreases in groundwater supplies and scour of riparian habitat.
Requires the Secretary to review the effects that the operation of Warm Springs Dam in Sonoma County will have on fish habitat in Dry Creek and downstream reaches of the River, including potential effects that the project will have on the middle reach of the River when fully operational.
Establishes the Russian River Basin Advisory Committee to advise and assist the Administrator and the Chief regarding the implementation and monitoring of the activities authorized by this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Russian River Fisheries and Riverbed Restoration Act"} | 2,107 | 321 | 0.542753 | 1.723888 | 0.737471 | 6.960145 | 7.206522 | 0.974638 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Citizenship Should
Count for Something Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Citizens Congressional Health Benefits Program
(CCHBP).
Sec. 3. Eligibility; enrollment.
Sec. 4. Qualified health plans; benefits; premiums.
Sec. 5. Government contribution.
Sec. 6. Administration.
Sec. 7. Definitions.
SEC. 2. ESTABLISHMENT OF CITIZENS CONGRESSIONAL HEALTH BENEFITS PROGRAM
(CCHBP).
(a) In General.--There is established under this title a program
(to be known as the ``Citizens Congressional Health Benefits Program'')
to provide comprehensive health insurance coverage to Federal elected
officials and to all other citizens who are not covered under the
Federal Employees Health Benefits Program (FEHBP). The coverage shall
be provided in a manner similar to the manner in which coverage has
been provided to Members of Congress and Federal Government employees
and retirees and their dependents under the Federal Employees Health
Benefits Program (FEHBP).
(b) Effective Date.--Benefits shall first be made available under
this title for items and services furnished on or after January 1,
2010.
(c) Non-Preemption of Existing Collective Bargaining Agreements.--
Nothing in this Act shall be construed as preempting any collective
bargaining agreement that is in effect as of the date of the enactment
of this Act, during the period in which such agreement is in effect
(without regard to any extension of such agreement effected as such
date of enactment).
SEC. 3. ELIGIBILITY; ENROLLMENT.
(a) Eligibility.--
(1) In general.--Each CCHBP-eligible individual (as defined
in paragraph (2)) is eligible to enroll in accordance with this
title in a qualified health plan offered under this title.
(2) CCHBP-eligible individual defined.--For purposes of
this title, the term ``CCHBP-eligible individual'' means
elected Federal officials (including the President, Vice
President, and Members of Congress) and any other individual
residing in the United States who--
(A) is a citizen or national of the United States;
and
(B) is not enrolled under the Federal employees
health benefits program under chapter 89 of title 5,
United States Code.
(3) Conforming elimination of fehbp eligibility for federal
elected officials.--Effective for benefits for items and
services furnished on or after January 1, 2010, section 8901 of
title 5, United States Code, is amended--
(A) by striking subparagraphs (B) and (D); and
(B) in the matter following subparagraph (J)--
(i) by striking ``or'' at the end of clause
(iii);
(ii) by striking the period at the end of
clause (iv) and inserting ``; or''; and
(iii) by adding at the end the following
new clause:
``(v) the President, the Vice President, or a
Member of Congress as defined in section 2106 of this
title.''.
(b) Enrollment.--
(1) In general.--The Director shall establish a process for
CCHBP-eligible individuals to enroll in qualified health plans.
Such process shall be based on the enrollment process used
under FEHBP and shall provide for the dissemination of
information to CCHBP-eligible individuals on qualified health
plans being offered.
(2) Changes in enrollment.--The Director shall establish
enrollment procedures that include an annual open season and
permit changes in enrollment with qualified health plans at
other times (such as by reason of changes in marital or
dependent status or eligibility). Such procedures shall be
based on the enrollment procedures established under FEHBP.
(3) Limitations.--CCHBP-eligible individuals may be
enrolled in a qualified health plan under this title only
during enrollment periods specified by the Director.
(c) Treatment of Family Members.--Enrollment under this title
includes both individual and family enrollment, in a manner similar to
that provided under FEHBP. To the extent consistent with eligibility
under subsection (a), the Director shall provide rules similar to the
rules under FEHBP for the enrollment of family members who are CCHBP-
eligible individuals in the same plan.
(d) Changes in Plan Enrollment.--The Director shall provide for and
permit changes in the qualified health plan in which an individual or
family is enrolled under this section in a manner similar to the manner
in which such changes are provided or permitted under FEHBP. The
Director shall provide for termination of such enrollment for an
individual at the time the individual is no longer an CCHBP-eligible
individual.
(e) Enrollment Guides.--The Director shall provide for the broad
dissemination of information on qualified health plans offered under
this title. Such information shall be provided in a comparative manner,
similar to that used under FEHBP, and shall include information,
collected through surveys of enrollees, on measures of enrollee
satisfaction with the different plans.
SEC. 4. QUALIFIED HEALTH PLANS; BENEFITS; PREMIUMS.
(a) Offering of Plans.--
(1) Contracts.--The Director shall enter into contracts
with entities for the offering of qualified health plans in
accordance with this title. Such contracts shall be entered
into in a manner similar to the process by which the Director
is authorized to enter into contracts with health benefits
plans under FEHBP.
(2) Requirements for entities offering plans.--No such
contract shall be entered into with an entity for the offering
of a qualified health plan in a region unless the entity--
(A) is licensed as a health maintenance
organization in that State or is licensed to sell group
health insurance coverage in that State; and
(B) meets such requirements, similar to
requirements under FEHBP, as the Director may establish
relating to solvency, organization, structure,
governance, access, quality, and minimum loss-ratios.
(b) FEHBP Scope of Benefits.--
(1) Comprehensive benefits.--Qualified health plans shall
provide for the same scope and type of comprehensive benefits
that have been provided under FEHBP, including the types of
benefits described in section 8904 of title 5, United States
Code and including benefits previously required by regulation
or direction (such as preventive benefits, including childhood
immunization and cancer screening, and mental health parity)
under FEHBP.
(2) No exclusion for pre-existing conditions.--Qualified
health plans shall not impose pre-existing condition exclusions
or otherwise discriminate against any enrollee based on the
health status of such enrollee (including genetic information
relating to such enrollee).
(3) Other consumer protections.--Qualified health plans
also shall meet consumer and patient protection requirements
that the Director establishes, based on similar requirements
previously imposed under FEHBP, including protections of
patients' rights previously effected pursuant to Executive
Memorandum.
(4) Collective bargaining agreements.--Nothing in this Act
shall be construed as preventing a collectively bargained
agreement from providing coverage that is additional to, or
supplementary of, benefits provided under this Act.
(c) Community-Rated Premiums.--
(1) Application.--The premiums established for a qualified
health plan under this title for individual or family coverage
shall be community-rated and shall not vary based on gender,
health status (including genetic information), or other
factors.
(2) Collection process.--The Director shall establish a
process for the timely and accurate collection of premiums owed
by enrollees, taking into account any Government contribution
under section 5(a). Such process shall include methods for
payment through payroll withholding, as well as payment through
automatic debiting of accounts with financial institutions, and
shall be coordinated with the application of section 59B of the
Internal Revenue Code of 1986.
(d) Marketing Practices and Costs.--The Director shall monitor
marketing practices with respect to qualified health plans in order to
assure--
(1) the accuracy of the information disseminated regarding
such plans; and
(2) that costs of marketing are reasonable and do not
exceed a percentage of total costs that is specified by the
Director and that takes into account costs of market entry for
new qualified health plans.
SEC. 5. GOVERNMENT CONTRIBUTION.
(a) Amount Established Biannually by Congress.--The Director shall
provide each year (beginning with 2010) for a contribution under this
subsection towards the coverage provided under this title for CCHBP-
eligible individuals. The amount of such contribution shall be
determined biannually by Congress
(b) Plan Payment.--
(1) In general.--The Director shall provide for payment of
qualified health plans of the premiums for such plans, as
adjusted under this subsection.
(2) Risk adjusted payment.--The payment to a qualified
health plan under this subsection shall be adjusted in a
budget-neutral manner specified by the Director to reflect the
actuarial risk of the enrollees in the plan compared to an
average actuarial risk.
(3) Reduction for administrative expenses and contingency
reserve.--The Director may provide for a uniform percentage
reduction in payment otherwise made to a qualified health plan
under this subsection in order to provide for a contingency
reserve and for Federal administrative costs in carrying out
this title.
SEC. 6. ADMINISTRATION.
(a) Application of FEHBP Rules.--
(1) In general.--Except as otherwise provided in this
title, the program under this title shall be administered in
the same manner as FEHBP.
(2) Specific provisions.--In carrying out this title, the
Director pursuant to paragraph (1) shall provide for the
following:
(A) Approval and disapproval of plans as qualified
health plans.
(B) Negotiation of plan benefits (including cost-
sharing) and plan premiums.
(b) Duties.--
(1) In general.--The Director shall administer the program
under this title.
(2) Establishment of cchbp regions.--For purposes of
carrying out this title, the Director shall divide the United
States into, and establish, CCHBP regions.
(c) Rulemaking.--The Director is authorized to issue such
regulations as may be required to carry out this title.
(d) Use of Regional and Field Offices.--The Director shall
establish such regional and field offices as may be appropriate for the
convenient and efficient administration of this title.
(e) Coverage of Administration Costs.--The Director shall provide
for the collection of administrative costs of offering coverage under
this title from entities offering qualified health plans in the same
manner as FEHBP provides for coverage of its administrative costs.
(f) Contingency Reserves.--
(1) CCHBP contingency reserve.--The Director is authorized
to establish and maintain a contingency reserve for purposes of
carrying out this title and is authorized to impose under
section 5(b)(3)(A) a premium surcharge of up to three percent
in order to provide financing for such reserve.
(2) Plan reserves.--A qualified health plan may establish
contingency reserves, that are in addition to the reserve
described in paragraph (1), in a manner similar to that
permitted under FEHBP.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``CCHBP-eligible individual'' means an
individual described in section 3(a)(2).
(2) The term ``CCHBP region'' means a region as specified
by the Director under section 6(c)(2).
(3) The term ``Director'' means the Director of the Office
of Personnel Management.
(4) The term ``FEHBP'' means the program under chapter 89
of title 5, United States Code.
(5) The term ``qualified health plan'' means such a plan
offered under this title. | Citizenship Should Count for Something Act - Establishes the Citizens Congressional Health Benefits Program to provide comprehensive health insurance coverage to federal elected officials and to all other citizens who are not covered under the Federal Employees Health Benefits Program (FEHBP). Requires such coverage to be provided in a manner similar to the manner in which coverage has been provided under FEHBP.
Eliminates eligibility of the President, Vice-President, and members of Congress for FEHBP.
Requires the Director of the Office of Personnel Management (OPM) to: (1) establish a process for eligible individuals to enroll in qualified health plans; (2) provide for the dissemination of information on such plans; and (3) enter into contracts with entities to offer such plans.
Requires qualified health plans to: (1) provide for the same scope and type of comprehensive benefits that have been provided under FEHBP; and (2) meet consumer and patient protections. Prohibits qualified health plans from imposing preexisting condition exclusions or otherwise discriminating against an enrollee based on health status.
Requires premiums established for a qualified health plan to be community-rated and not vary based on gender, health status, or other factors.
Requires the Director to: (1) establish a process for the collection of premiums owed by enrollees; (2) monitor marketing practices to assure the accuracy of information disseminated and reasonable costs for such marketing; and (3) provide for an annual contribution towards the coverage provided under this Act for eligible individuals.
Authorizes the Director to establish a contingency reserve and to impose a premium surcharge to provide financing for such reserve. | {"src": "billsum_train", "title": "To establish a Citizens Congressional Health Benefits Program, based on the Federal employees health benefits program, to provide health insurance coverage for the President, Vice President, and Members of Congress, and citizens not eligible for coverage under the Federal employees health benefits program."} | 2,691 | 364 | 0.551886 | 1.718472 | 0.772028 | 4.490323 | 7.648387 | 0.954839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Principal Residence Tax Exclusion
Act of 1996''.
SEC. 2. EXEMPTION FROM TAX FOR GAIN ON SALE OF PRINCIPAL RESIDENCE.
(a) In General.--Section 121 of the Internal Revenue Code of 1986
(relating to one-time exclusion of gain from sale of principal
residence by individual who has attained age 55) is amended to read as
follows:
``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE.
``(a) Exclusion.--Gross income shall not include gain from the sale
or exchange of property if, during the 5-year period ending on the date
of the sale or exchange, such property has been owned and used by the
taxpayer as the taxpayer's principal residence for periods aggregating
2 years or more.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of gain excluded from
gross income under subsection (a) with respect to any sale or
exchange shall not exceed $250,000 ($500,000 in the case of a
joint return where both spouses meet the use requirement of
subsection (a)).
``(2) Application to only 1 sale or exchange every 2
years.--
``(A) In general.--Subsection (a) shall not apply
to any sale or exchange by the taxpayer if, during the
2-year period ending on the date of such sale or
exchange, there was any other sale or exchange by the
taxpayer or his spouse to which subsection (a) applied.
``(B) Premarriage sales by spouse not taken into
account.--If, but for this subparagraph, subsection (a)
would not apply to a sale or exchange by a married
individual by reason of a sale or exchange by such
individual's spouse before their marriage--
``(i) subparagraph (A) shall be applied
without regard to the sale or exchange by such
individual's spouse, but
``(ii) the amount of gain excluded from
gross income under subsection (a) with respect
to the sale or exchange by such individual
shall not exceed $250,000.
``(C) Pre-1997 sales not taken into account.--
Subparagraph (A) shall be applied without regard to any
sale or exchange before January 1, 1997.
``(c) Exclusion for Taxpayers Failing To Meet Certain
Requirements.--
``(1) In general.--In the case of a sale or exchange to
which this subsection applies, the ownership and use
requirements of subsection (a) shall not apply and subsection
(b)(2) shall not apply; but the amount of gain excluded from
gross income under subsection (a) with respect to such sale of
exchange shall not exceed--
``(A) the amount which bears the same ratio to the
amount which would be so excluded if such requirements
had been met, as
``(B) the shorter of--
``(i) the aggregate periods, during the 5-
year period ending on the date of such sale or
exchange, such property has been owned and used
by the taxpayer as the taxpayer's principal
residence, or
``(ii) the period after the date of the
most recent prior sale or exchange by the
taxpayer or his spouse to which subsection (a)
applied and before the date of such sale or
exchange,
bears to 2 years.
``(2) Sales and exchanges to which subsection applies.--
This subsection shall apply to any sale or exchange if--
``(A) subsection (a) would not (but for this
subsection) apply to such sale or exchange by reason
of--
``(i) a failure to meet the ownership and
use requirements of subsection (a), or
``(ii) subsection (b)(2), and
``(B) such sale or exchange is by reason of a
change in place of employment, health, or other
unforeseen circumstances.
``(d) Special Rules.--
``(1) Joint returns.--For purposes of this section, if a
husband and wife make a joint return for the taxable year of
the sale or exchange of property, subsection (a) applies if
either spouse meets the ownership and use requirements of
subsection (a) with respect to such property.
``(2) Property of deceased spouse.--For purposes of this
section, in the case of an unmarried individual whose spouse is
deceased on the date of the sale or exchange of property, the
period such unmarried individual owned such property shall
include the period such deceased spouse held such property
before death.
``(3) Tenant-stockholder in cooperative housing
corporation.--For purposes of this section, if the taxpayer
holds stock as a tenant-stockholder (as defined in section 216)
in a cooperative housing corporation (as defined in such
section), then--
``(A) the holding requirements of subsection (a)
shall be applied to the holding of such stock, and
``(B) the use requirements of subsection (a) shall
be applied to the house or apartment which the taxpayer
was entitled to occupy as such stockholder.
``(4) Involuntary conversions.--
``(A) In general.--For purposes of this section,
the destruction, theft, seizure, requisition, or
condemnation of property shall be treated as the sale
of such property.
``(B) Application of section 1033.--In applying
section 1033 (relating to involuntary conversions), the
amount realized from the sale or exchange of property
shall be treated as being the amount determined without
regard to this section, reduced by the amount of gain
not included in gross income pursuant to this section.
``(C) Property acquired after involuntary
conversion.--If the basis of the property sold or
exchanged is determined (in whole or in part) under
section 1033(b) (relating to basis of property acquired
through involuntary conversion), then the holding and
use by the taxpayer of the converted property shall be
treated as holding and use by the taxpayer of the
property sold or exchanged.
``(5) Recognition of gain attributable to depreciation.--
Subsection (a) shall not apply to so much of the gain from the
sale of any property as does not exceed the portion of the
depreciation adjustments (as defined in section 1250(b)(3))
attributable to periods after December 31, 1996, in respect of
such property.
``(6) Determination of use during periods of out-of-
residence care.--In the case of a taxpayer who--
``(A) becomes physically or mentally incapable of
self-care, and
``(B) owns property and uses such property as the
taxpayer's principal residence during the 5-year period
described in subsection (a) for periods aggregating at
least 1 year,
then the taxpayer shall be treated as using such property as
the taxpayer's principal residence during any time during such
5-year period in which the taxpayer owns the property and
resides in any facility (including a nursing home) licensed by
a State or political subdivision to care for an individual in
the taxpayer's condition.
``(7) Determination of marital status.--In the case of any
sale or exchange, for purposes of this section--
``(A) the determination of whether an individual is
married shall be made as of the date of the sale or
exchange, and
``(B) an individual legally separated from his
spouse under a decree of divorce or of separate
maintenance shall not be considered as married.
``(e) Denial of Exclusion for Expatriates.--This section shall not
apply to any sale or exchange by an individual if the treatment
provided by section 877(a)(1) applies to such individual.
``(f) Election To Have Section Not Apply.--This section shall not
apply to any sale or exchange with respect to which the taxpayer elects
not to have this section apply.
``(g) Residences Acquired in Rollovers Under Section 1034.--For
purposes of this section, in the case of property the acquisition of
which by the taxpayer resulted under section 1034 (as in effect on the
day before the date of the enactment of this sentence) in the
nonrecognition of any part of the gain realized on the sale or exchange
of another residence, in determining the period for which the taxpayer
has owned and used such property as the taxpayer's principal residence,
there shall be included the aggregate periods for which such other
residence (and each prior residence taken into account under section
1223(7) in determining the holding period of such property) had been so
owned and used.''
(b) Repeal of Nonrecognition of Gain on Rollover of Principal
Residence.--Section 1034 of such Code (relating to rollover of gain on
sale of principal residence) is hereby repealed.
(c) Conforming Amendments.--
(1) The following provisions of the Internal Revenue Code
of 1986 are each amended by striking ``section 1034'' and
inserting ``section 121'': sections 25(e)(7), 56(e)(1)(A),
56(e)(3)(B)(i), 143(i)(1)(C)(i)(I), 163(h)(4)(A)(i)(I),
280A(d)(4)(A), 464(f)(3)(B)(i), 1033(h)(3), 1274(c)(3)(B),
6334(a)(13), and 7872(f)(11)(A).
(2) Paragraph (4) of section 32(c) of such Code is amended
by striking ``(as defined in section 1034(h)(3))'' and by
adding at the end the following new sentence: ``For purposes of
the preceding sentence, the term `extended active duty' means
any period of active duty pursuant to a call or order to such
duty for a period in excess of 90 days or for an indefinite
period.''
(3) Subparagraph (A) of 143(m)(6) of such Code is amended
by inserting ``(as in effect on the day before the date of the
enactment of the Principal Residence Tax Exclusion Act of
1996)'' after ``1034(e)''.
(4) Subsection (e) of section 216 of such Code is amended
by striking ``such exchange qualifies for nonrecognition of
gain under section 1034(f)'' and inserting ``such dwelling unit
is used as his principal residence (within the meaning of
section 121)''.
(5) Section 512(a)(3)(D) of such Code is amended by
inserting ``(as in effect on the day before the date of the
enactment of the Principal Residence Tax Exclusion Act of
1996)'' after ``1034''.
(6) Paragraph (7) of section 1016(a) of such Code is
amended by inserting ``(as in effect on the day before the date
of the enactment of the Principal Residence Tax Exclusion Act
of 1996)'' after ``1034'' and by inserting ``(as so in
effect)'' after ``1034(e)''.
(7) Paragraph (3) of section 1033(k) of such Code is
amended to read as follows:
``(3) For exclusion from gross income of gain from
involuntary conversion of principal residence, see section
121.''
(8) Subsection (e) of section 1038 of such Code is amended
to read as follows:
``(e) Principal residences.--If--
``(1) subsection (a) applies to a reacquisition of real
property with respect to the sale of which gain was not
recognized under section 121 (relating to gain on sale of
principal residence); and
``(2) within 1 year after the date of the reacquisition of
such property by the seller, such property is resold by him,
then, under regulations prescribed by the Secretary, subsections (b),
(c), and (d) of this section shall not apply to the reacquisition of
such property and, for purposes of applying section 121, the resale of
such property shall be treated as a part of the transaction
constituting the original sale of such property.''
(9) Paragraph (7) of section 1223 of such Code is amended
by inserting ``(as in effect on the day before the date of the
enactment of the Principal Residence Tax Exclusion Act of
1996)'' after ``1034''.
(10) Paragraph (7) of section 1250(d) of such Code is
amended to read as follows:
``(7) Disposition of principal residence.--Subsection (a)
shall not apply to a disposition of property to the extent used
by the taxpayer as his principal residence (within the meaning
of section 121, relating to gain on sale of principal
residence).''
(11) Subsection (c) of section 6012 of such Code is amended
by striking ``(relating to one-time exclusion of gain from sale
of principal residence by individual who has attained age 55)''
and inserting ``(relating to gain from sale of principal
residence)''.
(12) Paragraph (2) of section 6212(c) of such Code is
amended by striking subparagraph (C) and by redesignating the
succeeding subparagraphs accordingly.
(13) Section 6504 of such Code is amended by striking
paragraph (4) and by redesignating the succeeding paragraphs
accordingly.
(14) The item relating to section 121 in the table of
sections for part III of subchapter B of chapter 1 of such Code
is amended to read as follows:
``Sec. 121. Exclusion of gain from sale
of principal residence.''
(15) The table of sections for part III of subchapter O of
chapter 1 of such Code is amended by striking the item relating
to section 1034.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to sales and exchanges after December 31, 1996.
(2) Binding contracts, etc.--At the election of the
taxpayer, the amendments made by this section shall not apply
to a sale or exchange after December 31, 1996, if--
(A) such sale or exchange is pursuant to a contract
which was binding on September 25, 1996, and at all
times before such sale or exchange, or
(B) without regard to such amendments, gain would
not be recognized under section 1034 of the Internal
Revenue Code of 1986 (as in effect on the day before
the date of the enactment of this Act) on such sale or
exchange by reason of a new residence acquired on or
before such date.
This paragraph shall not apply to any sale or exchange by an
individual if the treatment provided by section 877(a)(1) of
the Internal Revenue Code of 1986 applies to such individual. | Principal Residence Tax Exclusion Act of 1996 - Amends the Internal Revenue Code to replace the existing one-time exclusion of up to $125,000 of gain from the sale of a principal residence by a person at least 55 years old with an exclusion of gain of up to $250,000 ($500,000 for qualifying joint return) for a qualifying sale of a principal residence regardless of the person's age.
Applies such exclusion to only one sale or exchange every two years. Repeals the provision providing for nonrecognition of gain on principal residence rollovers. | {"src": "billsum_train", "title": "Principal Residence Tax Exclusion Act of 1996"} | 3,299 | 123 | 0.563547 | 1.387389 | 0.619024 | 2.201923 | 28.759615 | 0.836538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Up Infrastructure and
Limiting Disasters through Resilience Act of 2017'' or the ``BUILD
Resilience Act of 2017''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a unit of general local government;
(C) an Indian tribe; or
(D) a regional entity comprised of entities
described in subparagraph (A), (B), or (C).
(2) National center.--The term ``National Center'' means
the National Research Center for Resilience established under
section 4.
(3) Resilience.--The term ``resilience'' means the ability
to prepare and plan for, absorb, recover from, and more
successfully adapt to disasters, chronic stresses, and acute
shocks, including any hurricane, tornado, storm, high water,
recurrent flooding, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, fire, landslide, mudslide,
snowstorm, or drought.
(4) Resilience grant.--The term ``resilience grant'' means
a grant awarded under section 3.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) State; unit of general local government; indian
tribe.--The terms ``State'', ``unit of general local
government'', and ``Indian tribe'' have the meanings given such
terms in section 102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
SEC. 3. COMMUNITY RESILIENCE GRANT PROGRAM.
(a) Authority.--The Secretary of Housing and Urban Development
shall carry out a Community Resilience Grant Program under this section
to provide assistance to communities for increasing resilience to
chronic stresses and acute shocks, including improving long-term
resilience of infrastructure and housing.
(b) Grantees.--Grant amounts shall be awarded on a competitive
basis, as provided under section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible
entities, within whose boundaries or jurisdictions are located any area
for which a major disaster was declared pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), during the 5-year period ending upon the date on which
the eligible entity submits an application for such a grant.
(c) Eligible Activities.--
(1) In general.--Amounts from a resilience grant may be
used only for activities authorized under either section 105 or
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5305, 5308), but not including activities under
paragraphs (9) and (10) of such section 105(a).
(2) Consultation.--The Secretary shall consult with the
Administrator of the Federal Emergency Management Agency, the
Chief of Engineers and Commanding General of the United States
Army Corps of Engineers, the Administrator of the Environmental
Protection Agency, and the Secretary of Transportation before
awarding a resilience grant to ensure that there is no
duplication of assistance with respect to activities carried
out with amounts provided from a resilience grant.
(d) Matching Requirement.--
(1) In general.--The Secretary shall require each recipient
of a resilience grant to supplement the amounts of the grant
with an amount of funds from non-Federal sources that is not
less than 50 percent of the amount of the resilience grant.
(2) Form of non-federal share.--Supplemental funds provided
under paragraph (1) may include any non-monetary, in-kind
contributions in connection with activities carried out under
the plan approved under subsection (e) for the grant recipient.
(e) Application; Selection; Selection Criteria; Plans.--
(1) Applications.--
(A) Requirement.--The Secretary shall provide for
eligible entities to submit applications for resilience
grants.
(B) Plans for use of grant funds.--The Secretary
shall require each application for a resilience grant
to include a plan detailing the proposed use of all
grant funds, including how the use of such funds will
address long-term resilience of infrastructure and
housing.
(2) Review and selection; criteria for selection.--
(A) Competition.--Resilience grants shall be
awarded on a competitive basis and the Secretary shall
establish and utilize a transparent, reliable, and
valid system for reviewing and evaluating applications
for resilience grants, in accordance with section 102
of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545).
(B) Criteria.--The Secretary shall establish, by
notice, and utilize criteria for selecting applications
to be funded under this section, which shall--
(i) be based primarily on a determination
of greatest need, as such term is defined by
the Secretary;
(ii) provide due consideration to other
enumerated factors, including the ability of
the plan for use of grant funds required under
paragraph (1)(B) to increase an applicant's
resilience, and the capacity of the applicant
to successfully implement the activities
described in such plan;
(iii) provide that the Secretary shall
consider that an application that includes a
plan for use of grant funds that consists of a
resilience or mitigation plan previously
approved by another Federal agency, including a
hazard mitigation plan developed under section
322 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5165),
shall be sufficient for purposes of paragraph
(1)(B) if, together with such plan, the
applicant includes a detailed description
regarding use of all grant funds provided under
this section;
(iv) give consideration to the need for
resilience grants to be awarded to eligible
entities in each region of the United States;
and
(v) give consideration to applicants whose
plans submitted under paragraph (1)(B) propose
innovative approaches to increasing community
resilience to extreme weather, including
increasing long-term resilience of
infrastructure and housing and economic
resilience.
(f) Administration; Treatment as CDBG Funds.--Except as otherwise
provided by this Act, amounts appropriated, revenues generated, or
amounts otherwise made available to eligible entities under this
section shall be treated as though such funds were community
development block grant funds under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
(g) Environmental Reviews.--
(1) Assumption of responsibilities.--
(A) In general.--In order to ensure that the
policies of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and other provisions of
law which further the purposes of such Act (as
specified in regulations issued by the Secretary) are
most effectively implemented in connection with the
expenditure of funds under this section, and to assure
to the public undiminished protection of the
environment, the Secretary, in lieu of the
environmental protection procedures otherwise
applicable, may under regulations provide for the
release of funds for particular projects to recipients
of resilience grants who assume all of the
responsibilities for environmental review,
decisionmaking, and action pursuant to such Act, and
such other provisions of law as the regulations of the
Secretary specify, that would apply to the Secretary
were the Secretary to undertake such projects as
Federal projects.
(B) Consultation.--The Secretary shall issue
regulations to carry out this paragraph only after
consultation with the Council on Environmental Quality.
(2) Submission of certification.--
(A) In general.--The Secretary shall approve the
release of funds for projects subject to the procedures
authorized by this subsection only if, at least 15 days
prior to such approval and prior to any commitment of
funds to such projects other than for purposes
authorized by section 105(a)(12) of the Housing and
Community Development Act of 1974 (42 U.S.C.
5305(a)(12)), or for environmental studies, the
recipient of a resilience grant has submitted to the
Secretary a request for such release accompanied by a
certification which meets the requirements of paragraph
(3).
(B) Satisfaction of environmental laws.--The
Secretary's approval of any such certification shall be
deemed to satisfy the Secretary's responsibilities
under the National Environmental Policy Act of 1969 and
such other provisions of law as the regulations of the
Secretary specify insofar as those responsibilities
relate to the releases of funds for projects to be
carried out pursuant thereto which are covered by such
certification.
(3) Requirements of certification.--A certification under
the procedures authorized by this subsection shall--
(A) be in a form acceptable to the Secretary;
(B) be executed by the chief executive officer or
other officer of the recipient of a resilience grant
who is qualified under regulations of the Secretary;
(C) specify that the recipient of the resilience
grant has fully carried out its responsibilities as
described under paragraph (1) of this subsection; and
(D) specify that the certifying officer--
(i) consents to assume the status of a
responsible Federal official under the National
Environmental Policy Act of 1969 and each
provision of law specified in regulations
issued by the Secretary insofar as the
provisions of such Act or other such provision
of law apply pursuant to paragraph (1) of this
subsection; and
(ii) is authorized and consents on behalf
of the recipient of the resilience grant and
the certifying office to accept the
jurisdiction of the Federal courts for the
purpose of enforcement of his responsibilities
as such an official.
(4) Grants to states.--In the case of a resilience grant
made to a State--
(A) the State shall perform those actions of the
Secretary described in paragraph (2); and
(B) the performance of such actions shall be deemed
to satisfy the Secretary's responsibilities referred to
in subparagraph (B) of such paragraph.
(5) Implementation.--The Secretary shall implement this
subsection in a manner consistent with the implementation of
section 104(g) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(g)).
SEC. 4. NATIONAL RESEARCH CENTER FOR RESILIENCE.
(a) Establishment.--The Secretary, acting through the Office of
Policy Development and Research, shall--
(1) select, on a competitive basis, a single nonprofit
organization having a national reputation for expertise in
resilience research and capacity building to develop a National
Research Center for Resilience; and
(2) subject only to the availability of amounts provided in
appropriation Acts, make annual grants of amounts made
available pursuant to section 7(b)(1) for the establishment and
operation of the National Center.
(b) Activities.--The National Center shall--
(1) collaborate with institutions of higher education as
partners to create a best practices sharing network to support
the programs and activities carried out with resilience grants;
(2) coordinate with any other relevant centers and entities
throughout the Federal Government on efforts relating to
improving community resilience:
(3) collect and disseminate research and other information
about evidence-based and promising practices related to
resilience to inform the efforts of research partners and to
support the programs and activities carried out with resilience
grants;
(4) increase the public's knowledge and understanding of
effective practices to improve regional and community
resilience throughout the United States; and
(5) make grants under subsection (d) for Regional Centers
for Resilience.
(c) Dissemination of Proven Practices.--The Secretary shall collect
information from the National Center regarding its activities and
research and shall develop, manage, and regularly update an online site
to disseminate proven practices for improving community resilience.
(d) Grants for Regional Centers for Resilience.--
(1) Grant program.--The National Center shall carry out a
program to make grants to institutions of higher education, or
other non-profit organizations, having a national reputation to
establish a Regional Center for Resilience in each of the 10
regions of the Department of Housing and Urban Development, as
that shall serve as regional research partners with recipients
of resilience grants that are located in the same geographic
region as such institution, in collaboration with the National
Center.
(2) Support services.--A Regional Center for Resilience
receiving a grant under this section shall use such grant
amounts to--
(A) provide research support to recipients of
resilience grants, including support services for data
collection, general research, and analysis to assess
the progress of activities carried out with resilience
grants;
(B) provide technical assistance to prospective
applicants for, and recipients of, resilience grants;
and
(C) collaborate with and share information with the
National Center.
SEC. 5. ANNUAL PROGRAMS REPORT.
The Secretary shall annually submit to the Congress, and make
publicly available, a report on the programs carried out under this
Act, which shall evaluate the performance of such programs using the
program performance metrics established under Executive Order 13576 (76
Fed. Reg. 35297), or any subsequent replacement executive order.
SEC. 6. GAO REPORTS.
(a) Access to Information.--The Comptroller General of the United
States shall have access to all information regarding and generated by
the programs carried out under this Act.
(b) Reports.--Not later than the expiration of the 2-year period
beginning on the date of the enactment of this Act, and every two years
thereafter, the Comptroller General shall submit to the Congress a
report analyzing and assessing the performance of the programs carried
out under this Act.
SEC. 7. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $1,000,000,000 for each of fiscal
years 2018 through 2022.
(b) Allocation.--Of any amounts appropriated for each such fiscal
year--
(1) 1.0 percent shall be available for grants under section
4;
(2) 0.1 percent shall be available to the Office of
Community Planning and Development for necessary costs,
including information technology costs and salaries and
expenses, of administering and overseeing funds made available
for grants under sections 3 and 4; and
(3) the remainder shall be available for resilience grants
under section 3. | Building Up Infrastructure and Limiting Disasters through Resilience Act of 2017 or the BUILD Resilience Act of 2017 This bill requires the Department of Housing and Urban Development (HUD) to carry out a Community Resilience Grant Program to provide assistance to communities for increasing resilience to chronic stresses and acute shocks, including by improving long-term resilience of infrastructure and housing. A state, local government, or regional entity is eligible for such a grant if it is located in an area that has been declared a major disaster area within the previous five years. HUD's Office of Policy Development and Research must select and award annual grants to a single nonprofit organization having a national reputation for expertise in resilience research and capacity building to develop, establish, and operate a National Research Center for Resilience. The center shall provide grants to institutions of higher education or other nonprofit organizations to establish a Regional Center for Resilience in each of HUD's 10 regions to serve as regional research partners with recipients of resilience grants. | {"src": "billsum_train", "title": "Building Up Infrastructure and Limiting Disasters through Resilience Act of 2017"} | 3,099 | 241 | 0.633558 | 1.7888 | 0.992288 | 4.360656 | 15.748634 | 0.928962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Nuclear Trafficking Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) A single, simple nuclear weapon detonated in the heart
of an American city would kill 100,000 people instantly, and
seriously injure tens of thousands more. A significant portion
of the city would probably become permanently uninhabitable,
with little chance of a successful cleanup.
(2) Making such a weapon would not be difficult, by modern
technological standards, given 25 to 35 pounds of highly
enriched uranium.
(3) Since the development of the first nuclear weapons,
countries around the world have recognized the unique risk that
nuclear weapons pose to peace and security.
(4) The first treaty limiting the use of nuclear technology
was the Limited Test Ban Treaty of 1963, which banned the
testing of nuclear weapons in the atmosphere, in outer space,
and under water. Since that time, many treaties to limit the
use and proliferation of nuclear weapons have been signed.
(5) Perhaps the most important of these treaties is the
Treaty on the Non-Proliferation of Nuclear Weapons, which
restricts almost all of the 188 nations that are signatories
from developing nuclear weapons. As part of their obligation
under the Treaty on the Non-Proliferation of Nuclear Weapons,
153 countries have reached safeguards agreements with the
International Atomic Energy Agency that require a comprehensive
system for accounting for nuclear materials and intrusive
inspections of their nuclear facilities.
(6) These treaties and safeguards agreements reflect the
worldwide understanding that nuclear materials in the wrong
hands pose a direct threat to peace and prosperity.
(7) Chapter VII of the United Nations Charter, Article 39
states the following: ``The Security Council shall determine
the existence of any threat to the peace, breach of the peace,
or act of aggression and shall make recommendations, or decide
what measures shall be taken in accordance with Articles 41 and
42, to maintain or restore international peace and security.''
(8) In 2004, the United Nations Security Council
unanimously adopted Resolution 1540, binding on all members of
the United Nations, which stated in part the following:
``The Security Council, ... Acting under Chapter VII of the
Charter of the United Nations, ...
``2. Decides also that all States, in accordance
with their national procedures, shall adopt and enforce
appropriate effective laws which prohibit any non-State
actor to manufacture, acquire, possess, develop,
transport, transfer or use nuclear, chemical or
biological weapons and their means of delivery, in
particular for terrorist purposes, as well as attempts
to engage in any of the foregoing activities,
participate in them as an accomplice, assist or finance
them;
``3. Decides also that all States shall take and
enforce effective measures to establish domestic
controls to prevent the proliferation of nuclear,
chemical, or biological weapons and their means of
delivery, including by establishing appropriate
controls over related materials and to this end shall:
...
``(d) Establish, develop, review and
maintain appropriate effective national export
and trans-shipment controls over such items,
including appropriate laws and regulations to
control export, transit, trans-shipment and re-
export and controls on providing funds and
services related to such export and trans-
shipment such as financing, and transporting
that would contribute to proliferation, as well
as establishing end-user controls; and
establishing and enforcing appropriate criminal
or civil penalties for violations of such
export control laws and regulations;''.
(9) Resolution 1540 reflects the general understanding of
the members of the United Nations that the illicit transfer of
nuclear weapons and related materials is a ``threat to the
peace''.
SEC. 3. STATEMENT OF POLICY REGARDING CRIMES AGAINST HUMANITY.
It is the policy of the United States that the transfer of a
nuclear weapon or device or of nuclear material or technology with
reason to believe that the weapon or device, or a weapon or device made
using the transferred material or technology, may be used for terrorist
purposes, is a crime against humanity and that individuals are liable
for such acts under customary international criminal law.
SEC. 4. CRIMINAL OFFENSE.
(a) Offense.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2332i. Transfer of nuclear weapons, devices, material, or
technology
``(a) Unlawful Conduct.--
``(1) In general.--It shall be unlawful for any person to
knowingly transfer to any organization or person described in
paragraph (2)--
``(A) any weapon that is designed or intended to
release radiation or radioactivity at a level dangerous
to human life, or that uses a nuclear reaction in order
to create an explosion;
``(B) any device or other object that is capable of
endangering, and is designed or intended to endanger,
human life through the release of radiation or
radioactivity;
``(C) any nuclear material or nuclear byproduct
material; or
``(D) any sensitive nuclear technology.
``(2) Organizations and persons described.--The
organizations and persons referred to in paragraph (1) are--
``(A) any organization designated by the Secretary
of State under section 219(a)(1) of the Immigration and
Nationality Act as a foreign terrorist organization;
and
``(B) any other person, if the transferor knew or
had reasonable grounds to believe that the weapon,
device, material, or technology transferred would be
used in preparation for, or in carrying out, a Federal
crime of terrorism or an act of international
terrorism, whether or not such a crime or act occurs.
``(3) Effect on international law.--Nothing in this section
shall be construed to apply with respect to activities
undertaken by the military forces of a country in the exercise
of their official duties, to the extent that such activities
are consistent with the principles of international law.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense occurs outside of the United States and
the recipient of the weapon, device, material, or technology
that is the subject of the offense has at any time conspired,
attempted, or threatened to commit a Federal crime of terrorism
or an act of international terrorism against the United States
Government, any property of the United States, a United States
national, or an instrumentality of the interstate or foreign
commerce of the United States;
``(4) a financial institution or other person doing
business in the United States, or any other financial
institution or other person that is under the control of an
entity organized under the laws of the United States, provides
funds or any form of financing in furtherance of the offense;
or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and imprisoned for a term of not less than 25
years or for life.
``(2) Special circumstances.--If the death of another
results from the use of the weapon, device, material, or
technology that is the subject of the person's violation of
subsection (a), the person shall be fined not more than
$2,000,000 and punished by imprisonment for life.
``(d) Definitions.--For purposes of this section--
``(1) an institution or person is under the `control' of
another entity if that other entity owns a majority of the
equity interest in that institution or person;
``(2) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5);
``(3) the term `international terrorism' has the meaning
given that term in section 2331(1);
``(4) the terms `nuclear material' and `nuclear byproduct
material' have the meanings given those terms in section 831(f)
of this title; and
``(5)(A) the term `sensitive nuclear technology' means any
information (including information incorporated in a production
facility or utilization facility or important component part
thereof) which is not available to the public and which is
important to the design, construction, fabrication, operation
or maintenance of a uranium enrichment or nuclear fuel
reprocessing facility or a facility for the production of heavy
water; and
``(B) the terms `production facility' and `utilization
facility' have the meanings given those terms in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014).''.
(b) Conforming Amendment.--The table of sections for chapter 113B
of title 18, United States Code, is amended by adding at the end the
following new item:
``2332i. Transfer of nuclear weapons, devices, material, or
technology.''.
SEC. 5. INTERNATIONAL ORGANIZATIONS AND BILATERAL AND MULTILATERAL
FORA.
(a) United Nations.--The Secretary of State shall direct the
Permanent Representative of the United States to the United Nations to
seek the adoption in the General Assembly of a resolution recognizing
that the transfer of a nuclear weapon or device, material, or
technology, with reason to believe that the weapon or device, or a
weapon or device made using the transferred material or technology, may
be used for terrorist purposes, is a crime against humanity.
(b) Bilateral and Multilateral Fora.--The Secretary of State shall
direct the representatives of the United States to bilateral and
multilateral fora to urge their foreign counterparts to seek the
enactment in their home countries of national laws recognizing that the
transfer of a nuclear weapon or device, material, or technology, with
reason to believe that the weapon or device, or a weapon or device made
using the transferred material or technology, may be used for terrorist
purposes, is a crime against humanity. | Ending Nuclear Trafficking Act - Declares it to be the policy of the United States that the transfer of a nuclear weapon or device or of nuclear material or technology for terrorist purposes is a crime against humanity and should be punished under customary international criminal law.
Amends the federal criminal code to prohibit the transfer of a nuclear weapon or device, or of nuclear material or sensitive nuclear technology, to any foreign terrorist organization or any other person engaged in terrorist activities. Grants extraterritorial jurisdiction to prosecute violations of this Act. Imposes a fine and minimum prison term of 25 years for violations (life imprisonment for violations resulting in death).
Requires the Secretary of State to direct the Permanent Representative of the United States to the United Nations and representatives to bilateral and multilateral fora to seek international recognition that the transfer of nuclear weapons, devices, material, or technology for terrorist purposes is a crime against humanity. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to establish the transfer of any nuclear weapon, device, material, or technology to terrorists as a crime against humanity."} | 2,274 | 197 | 0.406502 | 1.249191 | 0.466424 | 4.55814 | 12.622093 | 0.918605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2005''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each
institution participating in any program under this title
shall, beginning in the first academic year that begins after
the date of enactment of the Campus Fire Safety Right-to-Know
Act of 2005, and each year thereafter, prepare, publish, and
distribute, through appropriate publications (including the
Internet) or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon request,
an annual fire safety report. Such reports shall contain at
least the following information with respect to the campus fire
safety practices and standards of that institution:
``(A) A statement that identifies each institution
owned or controlled student housing facility, and
whether or not such facility is equipped with a fire
sprinkler system or other fire safety system, or has
fire escape planning or protocols.
``(B) Statistics for each such facility concerning
the occurrence of fires and false alarms in such
facility, during the 2 preceding calendar years for
which data are available.
``(C) For each such occurrence in each such
facility, a summary of the human injuries or deaths,
structural or property damage, or combination thereof.
``(D) Information regarding rules on portable
electrical appliances, smoking and open flames (such as
candles), regular mandatory supervised fire drills, and
planned and future improvements in fire safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff.
``(F) Information concerning fire safety at any
housing facility owned or controlled by a fraternity,
sorority, or student group that is recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (4); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities, and other
recognized student groups owning or controlling
housing facilities, to make building and
property owned or controlled by such
fraternities, sororities, and groups more fire
safe.
``(2) Fraternities, sororities, and other groups.--Each
institution participating in a program under this title shall
request each fraternity and sorority that is recognized by the
institution, and any other student group that is recognized by
the institution and that owns or controls housing facilities,
to collect and report to the institution the information
described in subparagraphs (A) through (E) of paragraph (1), as
applied to the fraternity, sorority, or recognized student
group, respectively, for each building and property owned or
controlled by the fraternity, sorority, or group, respectively.
``(3) Current information to campus community.--Each
institution participating in any program under this title shall
make, keep, and maintain a log, written in a form that can be
easily understood, recording all on-campus fires, including the
nature, date, time, and general location of each fire and all
false fire alarms. All entries that are required pursuant to
this paragraph shall, except where disclosure of such
information is prohibited by law, be open to public inspection,
and each such institution shall make annual reports to the
campus community on such fires and false fire alarms in a
manner that will aid the prevention of similar occurrences.
``(4) Reports to the secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, identify exemplary fire safety
policies, procedures, and practices and disseminate
information concerning those policies, procedures, and
practices that have proven effective in the reduction
of campus fires.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY THE SECRETARY OF EDUCATION.
(a) Definition of Facility.--In this section the term ``facility''
means a student housing facility owned or controlled by an institution
of higher education, or a housing facility owned or controlled by a
fraternity, sorority, or student group that is recognized by the
institution.
(b) Report.--Within two years after the date of enactment of this
Act, the Secretary of Education shall prepare and submit to the
Congress a report containing--
(1) an analysis of the current status of fire safety
systems in facilities of institutions participating in programs
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), including sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to such facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
such facilities up to current building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all such facilities,
including recommendations for methods to fund such cost. | Campus Fire Safety Right-to-Know Act of 2005 - Amends the Higher Education Act of 1965 to require each institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution.
Requires such institutions to: (1) record all on-campus fires, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information annually to the campus community in a manner that will aid the prevention of similar occurrences.
Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control.
Requires the Secretary of Education to report to Congress on fire safety systems in facilities of institutions of higher education and on fire safety standards in all such facilities. | {"src": "billsum_train", "title": "A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes."} | 1,414 | 220 | 0.63297 | 1.724919 | 0.857438 | 5.130653 | 6.768844 | 0.929648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Insurance Act of
1999''.
SEC. 2. DEDUCTION FOR LONG-TERM CARE PREMIUMS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. ELIGIBLE PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE
CONTRACTS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the applicable
percentage of the eligible long-term care premiums (as defined in
section 213(d)(10)) paid during the taxable year for coverage under a
qualified long-term care insurance contract for the taxpayer, his
spouse, and dependents.
``(b) Applicable Percentage.--For purposes of subsection (a), the
term `applicable percentage' means the percentage determined under the
following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2001.......................................... 20
2002.......................................... 40
2003.......................................... 60
2004.......................................... 80
2005 and thereafter........................... 100.
``(c) Special Rules.--
``(1) Coordination with medical deduction.--Any amount paid
by a taxpayer for insurance to which subsection (a) applies
shall not be taken into account in computing the amount
allowable to the taxpayer as a deduction under section 213(a).
``(2) Coordination with deduction for health insurance
costs of self-employed individuals.--No deduction shall be
allowed under this section for any amount for which a deduction
is allowable under section 162(l).
``(3) Denial of deduction to dependents.--No deduction
shall be allowed under this section to any individual with
respect to whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (17) the following new paragraph:
``(18) Eligible long-term care premiums.--The deduction
allowed by section 222.''
(c) Reduction in Earned Income Credit to Taxpayers Without Children
as Offset for Reduction in Revenues.--Subparagraph (A) of section
32(b)(1) of such Code is amended by striking ``7.65'' and inserting
``3.825''.
(d) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 222. Eligible premiums on
qualified long-term care
insurance contracts.
``Sec. 223. Cross reference.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. REVISION OF MEDICAID LIMITATION.
(a) In General.--Section 1917(b)(1)(C) of the Social Security Act
(42 U.S.C. 1396p(b)(1)(C)) is amended--
(1) in clause (i), by inserting ``or clause (iii)'' after
``such clause''; and
(2) by adding at the end the following new clause:
``(iii) In the case of an individual who receives medical
assistance under a State plan not described in clause (ii) of a
State which has a State plan amendment approved which provides
for the disregard of any assets or resources in the manner
described in such clause, clause (i) shall not apply to 75
percent of the amounts of the assets or resources so
disregarded.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date of the enactment of this Act.
SEC. 4. DISSEMINATING INFORMATION ABOUT LONG-TERM CARE POLICIES AND
MEDICARE COVERAGE.
(a) Findings.--The Congress finds the following:
(1) As the baby boom generation begins to retire, funding
Social Security and Medicare will put a strain on the financial
resources of younger Americans.
(2) Medicaid was designed as a program for the poor, but in
many States Medicaid is being used for middle income elderly
people to fund long-term care expenses.
(3) In the coming decade, people over age 65 will represent
up to 20 percent or more of the population, and the proportion
of the population composed of individuals who are over age 85,
who are most likely to be in need of long-term care, may double
or triple.
(4) With nursing home care now costing $40,000 to $50,000
on average per year, long-term care expenses can have a
catastrophic effect on families, wiping out a lifetime of
savings before a spouse, parent, or grandparent becomes
eligible for Medicaid.
(5) Many people are unaware that most long-term care costs
are not covered by Medicare and that Medicaid covers long-term
care only after the person's assets have been exhausted.
(6) Widespread use of private long-term care insurance has
the potential to protect families from the catastrophic costs
of long-term care services while, at the same time, easing the
burden on Medicaid as the baby boom generation ages.
(7) The Federal Government has endorsed the concept of
private long-term care insurance by establishing Federal tax
rules for tax-qualified policies in the Health Insurance
Portability and Accountability Act of 1996.
(8) The Federal Government has ensured the availability of
quality long-term care insurance products and sales practices
by adopting strict consumer protections in the Health Insurance
Portability and Accountability Act of 1996.
(b) Dissemination of Information.--
(1) In general.--The Administrator of the Social Security
Administration, in cooperation with the Administrator of the
Health Care Financing Administration, shall take all
appropriate steps to inform the public--
(A) about the financial risks posed by rapidly
increasing long-term care costs and about the need for
families to plan for their long-term care needs; and
(B) that Medicare does not cover most long-term
care costs and that Medicaid covers long-term care
costs only when the beneficiary has exhausted his or
her assets.
(2) Encouragement of employer-sponsored coverage.--The
Secretary of Labor, in cooperation with the Administrator of
the Health Care Financing Administration, shall take all
appropriate steps not only to encourage employers to offer
private long-term care insurance coverage to employees, but
also to encourage both working-aged people and older citizens
to obtain long-term care insurance either through their
employers or on their own. | Provides that such deduction shall: (1) not be part of the medical deduction; (2) not be available if used as part of the self-employed health insurance deduction; and (3) be available to nonitemizers and itemizers.
Reduces the earned income percentage for taxpayers without children.
Amends the Social Security Act, with respect to long-term care policy benefits, to exempt 75 percent of certain disregarded assets from State Medicaid recovery.
Directs the: (1) Commissioner of the Social Security Administration to inform the public about the financial risks and costs of long-term care costs, and the limited coverage provided under Medicaid and Medicare; and (2) Secretary of Labor to encourage employer-sponsored long-term coverage. | {"src": "billsum_train", "title": "Long-Term Care Insurance Act of 1999"} | 1,565 | 148 | 0.501204 | 1.311364 | 0.498755 | 2.055172 | 9.606897 | 0.882759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep America's Oil Here Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States is taking a number of steps to reduce
domestic consumption of oil.
(2) In 2007, the Congress passed the Energy Independence
and Security Act of 2007 (Public Law 110-140), which increased
fuel economy standards to at least 35 miles per gallon by 2020
and established renewable fuel standards to ensure that enough
renewable fuel is produced by 2022 to reduce the need for 1.6
million barrels of oil per day. These programs to reduce our
domestic oil consumption have yet to be fully implemented.
(3) The administration of President Obama is accelerating
the implementation of the fuel economy standards and greenhouse
gas emission standards.
(4) In 2010, the President issued a rule that required
increased fuel economy and decreased global warming emissions
for light-duty vehicles produced in model years 2012-2016. This
rule is in the process of being implemented, and will reduce
the need for an additional 1.9 million barrels of oil per day
by 2030 and reduce the need for 2.3 million barrels of oil per
day by 2040.
(5) In 2012, the President issued a final rule to implement
increased fuel economy and reduced global warming emissions for
light duty vehicles produced in model years 2017 through 2025.
This rule, once fully implemented, will reduce the need for an
additional 1.5 million barrels of oil per day by 2030 and
reduce the need for 2.4 million barrels of oil per day by 2040.
(6) These actions will help reduce domestic consumption of
crude oil, which is an exhaustible natural resource. These
measures represent only a portion of Federal Government efforts
to assist economic growth and reduce economic pressures
relating to high oil prices.
(7) As the result of actions undertaken by the Congress and
the executive branch, domestic oil production has ramped up
considerably. Crude oil production in the United States is at
its highest level in 15 years, while production of oil and
natural gas liquids combined is at its highest level in 20
years. Domestic oil production is expected to continue rising
through 2020. Restrictions on exports of oil produced on public
lands are a necessary and appropriate complement to energy
efficiency measures and will help to ensure a reliable and
affordable supply of such oil and refined products from such
oil.
SEC. 3. NO FOREIGN SALES OF OIL PRODUCED ON FEDERAL LANDS.
The Secretary of the Interior may accept bids on any new oil and
gas leases of Federal lands (including submerged lands) under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) only from bidders certifying
that all crude oil produced under such leases, and all refined
petroleum products produced from such crude oil, shall be offered for
sale only in the United States.
SEC. 4. WAIVER.
The President may provide for waiver of the application of section
3 with respect to a lease in a case in which--
(1) the President determines that such a waiver is in the
national interest because it--
(A) will not lead to an increase in domestic
consumption of crude oil obtained from countries
hostile to United States interests or that have
political and economic instability that compromises
energy supply security;
(B) will not lead to higher costs to oil refiners
that purchase the crude oil than such refiners would
have to pay for crude oil in the absence of such a
waiver; and
(C) will not lead to higher gasoline costs paid by
consumers than consumers would have to pay in the
absence of such a waiver;
(2) an exchange of crude oil or refined petroleum products
provides for no net loss of crude oil or refined petroleum
products, respectively, consumed domestically;
(3) a waiver is necessary under the Constitution, a law, or
an international agreement; or
(4) a standing trade agreement with a North American
trading partner allows for such exports, and all crude oil and
refined petroleum products exported under such a waiver will be
consumed in North America.
SEC. 5. SUNSET.
(a) In General.--This Act, including any certification made
pursuant to this Act, shall have no force or effect after the
expiration of the 10-year period beginning on the date of enactment of
this Act.
(b) Report.--Two years before the end of the period referred to in
subsection (a), the Secretary of the Interior and the Comptroller
General of the United States shall each submit a report to the Congress
on the impact of this Act on oil production on Federal lands,
consumption of oil and refined petroleum products in the United States,
and prices and markets for oil and refined petroleum products in the
United States.
SEC. 6. REFINED PETROLEUM PRODUCT DEFINED.
In this Act the term ``refined petroleum product'' means any of the
following:
(1) Finished reformulated or conventional motor gasoline.
(2) Finished aviation gasoline.
(3) Kerosene-type jet fuel.
(4) Kerosene.
(5) Distillate fuel oil.
(6) Residual fuel oil.
(7) Lubricants.
(8) Waxes.
(9) Petroleum coke.
(10) Asphalt and road oil. | Keep America's Oil Here Act - Authorizes the Secretary of the Interior to accept bids on any new oil and gas leases of federal lands (including submerged lands) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products made from such crude oil, shall be offered for sale only in the United States. Authorizes the President to waive such limited leasing authorization upon specified determinations, including that waiver is in the national interest because it will not lead to: (1) an increase in domestic consumption of crude oil obtained from countries hostile to U.S. interests or that have political and economic instability compromising energy supply security, (2) higher costs to oil refiners purchasing the crude oil than the refiners would have to pay in the absence of such a waiver, and (3) higher gasoline costs paid by consumers than they would have to pay in the absence of such a waiver. Declares this Act without force or effect 10 years after enactment of this Act. Instructs the Secretary of the Interior and the Comptroller General to report separately to Congress on the impact of this Act upon: (1) oil production on federal lands, (2) consumption of oil and refined petroleum products in the United States, and (3) prices and markets for oil and refined petroleum products in the United States. | {"src": "billsum_train", "title": "Keep America's Oil Here Act"} | 1,146 | 282 | 0.5376 | 1.651848 | 0.710427 | 5.324219 | 4.363281 | 0.925781 |
TITLE I--DISPOSAL OF LANDS IN OKLAHOMA
SECTION 101. SALE OF BLACK KETTLE AND RITA BLANCA NATIONAL GRASSLANDS
AND PROPERTY SURROUNDING OPTIMA LAKE AND RECREATION AREA.
(a) General Directive.--Not later than September 30, 1996, and in
accordance with this Act--
(1) the Secretary of Agriculture shall offer for sale to
the public at fair market value all right, title, and interest
of the United States in and to the surface estate of those
portions of the Cibola National Forest, other than the property
subject to section 102, which are more particularly described
as--
(A) the Black Kettle National Grasslands, located
in the State of Oklahoma; and
(B) the Rita Blanca National Grasslands, located in
the State of Oklahoma; and
(2) the Secretary of the Army, acting through the Chief of
Engineers, shall offer for sale to the public at fair market
value all right, title, and interest of the United States in
and to the real property acquired by the United States for the
project for flood control, Optima Lake, North Canadian River
Basin, Oklahoma, authorized by the Flood Control Act of 1936
(49 Stat. 1570).
(b) Right of First Refusal.--Prior to offering lands for sale to
the public under subsection (a), the Secretary shall afford the
individuals from whom the lands were acquired by the United States or
their descendants the opportunity to acquire the lands at fair market
value.
(c) Waiver.--The sale and transfer of lands under this Act shall
not be subject to the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471).
SEC. 102. TRANSFERS OF PROPERTY FOR CERTAIN PUBLIC PURPOSES.
(a) Skipout Lake, Dead Indian Lake, and Spring Creek Lake.--Not
later than September 30, 1996, and upon request of the State of
Oklahoma, the Secretary of Agriculture shall transfer, without
consideration, to the Department of Tourism and Recreation of the State
of Oklahoma those lands located in Roger Mills County, Oklahoma, known
as Skipout Lake, Dead Indian Lake, and Spring Creek Lake, more
particularly described as follows:
(1) Skipout lake.--West Half and Northeast Quarter of
Section 5, Township 13 North, Range 25 West, Indian Meridian,
Roger Mills County, Oklahoma.
(2) Dead indian lake.--East Half of Section 26 and the East
Half of Northwest Quarter of Section 26, Township 15 North,
Range 24 West, Indian Meridian, Roger Mills County, Oklahoma.
Southeast Quarter of the Southwest Quarter of Section 23,
Township 15 North, Range 24 West, Indian Meridian, Roger Mills
County, Oklahoma.
(3) Spring creek lake.--East Half of the Southwest Quarter
of Section 15, Township 15 North, Range 25 West, Indian
Meridian, Roger Mills County, Oklahoma.
West Half of the Southwest Quarter of Section 14, Township
15 North, Range 25 West, Indian Meridian, Roger Mills County,
Oklahoma.
(b) Optima Lake, North Canadian River Basin, Oklahoma.--
(1) Project deauthorization.--The project for flood
control, Optima Lake, North Canadian River Basin, Oklahoma,
authorized by the Flood Control Act of 1936 (49 Stat. 1570), is
not authorized after the date of the enactment of this Act.
(2) Transfer of property.--
(A) In general.--The Secretary shall transfer to
the State of Oklahoma, without consideration, all
right, title, and interest of the United States to that
portion of the real property described in subparagraph
(C), including all works, structures, and other
improvements to the real property.
(B) Terms and conditions.--The deed of conveyance
for the transfer of real property and improvements
under subparagraph (A) shall include such terms and
conditions as may be necessary to ensure that--
(i) the State of Oklahoma will hold the
United States harmless from all claims arising
from or through the operation of the real
property and improvements; and
(ii) the State of Oklahoma will prohibit in
perpetuity the construction of any residential
or commercial structure in the flood plain
created by the dam located on the real property
and if the State does not prohibit such
construction all or any portion of the real
property will in its then existing condition,
at the option of the United States, revert to
the United States.
(C) The real property referred to in subparagraph
(A) consists of lands associated with the earthen dam,
and the recreation area adjacent to the dam, as
generally depicted on the map of the Corps of
Engineers, Tulsa District, entitled ``Optima Lake
Public Hunting Area'', dated 1993.
TITLE II--WASHITA BATTLEFIELD NATIONAL HISTORIC SITE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Washita Battlefield National
Historic Site Act of 1995.''.
SEC. 202. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Battle of the Washita, November 27, 1868, was one
of the largest engagements between Plains tribes and the United
States Army on the Southern Great Plains. The site is a
registered National Historic Landmark;
(2) Lt. Colonel George A. Custer, leading the 7th United
States Calvary, attacked the sleeping Cheyenne village of peace
chief Black Kettle. Custer's attack resulted in more than 150
Indian casualties, many of them women and children;
(3) the Battle of the Washita symbolizes the struggle of
the Southern Great Plains tribes to maintain their traditional
lifeways and not to submit to reservation confinement; and
(4) the Washita battle site possesses a high degree of
integrity and the cultural landscape is essentially intact. The
Cheyenne village site has not been altered substantially except
by periodic flooding of the Washita River.
(b) Purposes.--The purposes of this title are to--
(1) recognize the importance of the Battle of the Washita
as a nationally significant element of frontier military
history and as a symbol of the struggles of the Southern Great
Plains tribes to maintain control of their traditional use
areas; and
(2) establish the site of the Battle of the Washita as a
national historic site and provide opportunities for American
Indian groups including the Cheyenne-Arapaho Tribe to be
involved in the formulation of plans and educational programs
for the national historic site.
SEC. 203. ESTABLISHMENT.
(a) In General.--In order to provide for the preservation and
interpretation of the Battle of the Washita, there is hereby
established the Washita Battlefield National Historic Site in the State
of Oklahoma (hereafter in this title referred to as the ``national
historic site'').
(b) Boundary.--
(1) In general.--The national historic site shall consist
of--
(A) approximately 326 acres, as generally depicted
on the map entitled ``Washita Battlefield National
Historic Site'', numbered 20,000A and dated 12/95; and
(B) the private lands subject to conservation
easements referred to in section 205(b).
(2) Map.--The map referred to in paragraph (1) shall be on
file in the offices of the Director of the National Park
Service, Department of the Interior, and other appropriate
offices of the National Park Service. The Secretary of the
Interior (hereafter in this title referred to as the
``Secretary'') may, from time to time, make minor revisions in
the boundary of the national historic site in accordance with
section 7(c) of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-4 and following).
SEC. 204. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall manage the national historic site in
accordance with this title and the provisions of law generally
applicable to units of the National Park System, including ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(b) Management Purposes.--The Secretary shall manage the national
historic site for the following purposes, among others:
(1) To protect and preserve the national historic site,
including the topographic features important to the battle
site, artifacts and other physical remains of the battle, and
the visual scene as closely as possible as it was at the time
of the battle.
(2) To interpret the cultural and natural resources of the
historic site, providing for public understanding and
appreciation of the area in such manner as to perpetuate these
qualities and values for future generations.
(c) Consultation and Training.--The Secretary, acting through the
Director of the National Park Service, shall consult regularly with the
Cheyenne-Arapaho Tribe on the formulation of the management plan
provisions referred to in section 206(5) of this title and on
preparation of educational programs provided to the public. The
Secretary is authorized to enter into cooperative agreements with the
Cheyenne-Arapaho Tribe, its subordinate boards, committees,
enterprises, and traditional leaders to further the purposes of this
title.
SEC. 205. ACQUISITION OF PROPERTY.
(a) Park Boundaries.--Within the boundaries of the national
historic site, the Secretary is authorized to acquire lands and
interest in lands by donation, purchase with donated or appropriated
funds, or exchange, except that--
(1) no lands or interest in lands within the historic site
may be acquired without the consent of the owner thereof, and
(2) lands and interests in lands owned by the State of
Oklahoma or any political subdivision thereof may be acquired
only by donation.
(b) Conservation Easements.--The Congress finds that the State of
Oklahoma, acting through the Oklahoma Historical Society, will work
with local land owners to acquire and hold in perpetuity conservation
easements in the vicinity of the national historic site as deemed
necessary for the visual and interpretive integrity of the site. The
intent of the easements will be to keep occupancy of the land in
private ownership and use of the land in general agriculture.
SEC. 206. MANAGEMENT PLAN.
Within five years after the date funds are made available for
purposes of this title, the Secretary, acting through the Director of
the National Park Service, shall prepare a general management plan for
the national historic site. The plan shall address, but not be limited
to, each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and facilities
that will be provided for public use, including the location
and cost of public facilities.
(3) A research and curation plan.
(4) A highway signing program.
(5) Involvement by the Cheyenne-Arapaho Tribe in the
formulation of educational programs for the national historic
site.
(6) Involvement by the State of Oklahoma and other local
and national entities willing to share in the responsibilities
of developing and supporting the national historic site.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title. | TABLE OF CONTENTS:
Title I: Disposal of Lands in Oklahoma
Title II: Washita Battlefield National Historic Site
Title I: Disposal of Lands in Oklahoma
- Provides for the sale of the Black Kettle and the Rita Blanca National Grasslands, Oklahoma, and certain lands surrounding Optima Lake, North Canadian River basin, Oklahoma. Grants right of first refusal to the original owners or their descendants.
Directs the Secretary of Agriculture, upon request of Oklahoma, to transfer to the Oklahoma Department of Tourism and Recreation certain lands in Rogers Mills County, Oklahoma.
Title II: Washita Battlefield National Historic Site
- Washita Battlefield National Historic Site Act of 1995 - Establishes the Washita Battlefield National Historic Site in Oklahoma to provide for the preservation and interpretation of the Battle of the Washita.
Directs the Secretary of the Interior, through the National Park Service, to consult, and authorizes cooperative agreements with, the Cheyenne-Arapaho Tribe, in developing a management plan and public educational programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to dispose of certain Federal land holdings in the State of Oklahoma, and for other purposes."} | 2,517 | 245 | 0.558679 | 1.63916 | 0.744091 | 3.155779 | 11.492462 | 0.894472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Training Enhancement
for First Responders Act of 2016''.
SEC. 2. MENTAL HEALTH TRAINING FOR LAW ENFORCEMENT.
Section 2991(b)(5)(I) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) is amended by adding at the end
the following:
``(v) Mental health training for law
enforcement.--Funds may be used for specialized
training for law enforcement officers,
consistent with the following:
``(I) The training provides
officers with an understanding of--
``(aa) mental illnesses and
their impact on individuals,
families, and communities;
``(bb) signs and symptoms
of mental illnesses;
``(cc) stabilization and
de-escalation techniques;
``(dd) disposition options;
``(ee) community resources;
and
``(ff) funding for States
to create a database for all
public safety and outreach.
``(II) The training includes--
``(aa) role play scenarios
on responding to mental health
crises;
``(bb) group problem
solving exercises;
``(cc) addressing issues
specific to the community;
``(dd) participation by
mental health personnel,
experienced officers, and other
stakeholders;
``(ee) cross training with
law enforcement and mental
health professionals;
``(ff) verbal de-escalation
skills; and
``(gg) presentations from
and interaction with people who
have experienced and recovered
from mental health crises and
with family members who have
cared for someone with mental
illness.
``(III) In the case of training for
call-takers and 911 dispatchers, the
training includes recommendations on--
``(aa) establishing if the
caller or others at the address
has a previous record of mental
health issues, drug abuse,
violence, or victimization;
``(bb) determining if any
individual at the address from
which the call is placed poses
a threat of harm to himself or
herself, or to others;
``(cc) determining if there
is a weapon involved in a
situation with regard to which
an emergency call is placed;
``(dd) establishing best
practice standards for handling
emergency calls to be shared
interagency;
``(ee) supplementing
training with a concise list of
questions to ask, compiled in
partnership between law
enforcement officials and
mental health professionals;
and
``(ff) relaying information
correctly to any emergency
responders to the emergency
call.''.
SEC. 3. OUNCE OF PREVENTION GRANT.
Section 30102 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13742) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' at the
end and inserting ``;'';
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) placing law enforcement officers at local education
agencies.''; and
(2) in subsection (b), by inserting after ``private
nonprofit entities'' the following: ``, mental health
entities''.
SEC. 4. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT PROGRAM.
Section 30401(b)(B) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13791(b)(B)) is amended by adding at
the end the following:
``(ix) Mental health entities.''. | Mental Health Training Enhancement for First Responders Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the allowable use of grant funds under the Justice and Mental Health Collaboration Program to include specialized mental health training for law enforcement officers. | {"src": "billsum_train", "title": "Mental Health Training Enhancement for First Responders Act of 2016"} | 849 | 58 | 0.578641 | 1.341665 | 0.946802 | 3.24 | 15.68 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Election Standards Act of
2001''.
TITLE I--ESTABLISHMENT OF NATIONAL ADVISORY COMMISSION ON FEDERAL
ELECTION STANDARDS.
SEC. 101. ESTABLISHMENT OF COMMISSION; MEMBERSHIP.
(a) Establishment of Commission.--There is established a commission
to be known as the National Advisory Commission on Federal Election
Standards (hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall be composed of 24 voting and
2 nonvoting members, who shall serve for the life of the Commission and
shall be appointed as follows:
(1) 3 members appointed by the Majority Leader of the
Senate.
(2) 3 members appointed by the Minority Leader of the
Senate.
(3) 3 members appointed by the Speaker of the House of
Representatives.
(4) 3 members appointed by the Minority Leader of the House
of Representatives.
(5) 3 members appointed by the National Association of
Secretaries of State, of whom no more than 2 shall represent
States with large populations, no more than 2 shall represent
States with small populations, and no more than 2 shall be from
the same political party or geographic region.
(6) 3 members appointed by the National Association of
State Election Directors, of whom no more than 2 shall
represent States with large populations, no more than 2 shall
represent States with small populations, and no more than 2
shall be from the same political party or geographic region.
(7) 6 members who shall be local election officials and who
shall be appointed as follows:
(A) 2 shall be appointed by the Election Center.
(B) 2 shall be appointed by the International
Association of Clerks, Recorders, Election Officials
and Treasurers.
(C) 2 shall be appointed by the National
Association of County Recorders, Election Officials and
Clerks.
(8) The Attorney General and the Chair of the Federal
Election Commission (or their respective designees), who shall
be nonvoting members of the Commission.
(b) Appointments; Initial Meeting.--Appointments to the Commission
shall be made not later than 45 days after the date of the enactment of
this Act. The Commission shall hold its initial meeting not later than
30 days after the date on which all members of the Commission have been
appointed, and at such meeting shall select a chair from among the
members of the Commission.
(c) Vacancies.--Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(d) Rules of the Commission.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(2) Meetings.--Meetings shall be held at the call of the
chair upon at least 14 days written notice. All meetings shall
be open to the public.
(3) Voting.--All actions of the Commission shall be by
majority vote of those present and voting.
(4) Testimony.--The Commission shall provide opportunities
for representatives of the general public, civic groups,
consumer groups, and State and local government officials to
testify.
(5) Additional rules.--The Commission may adopt additional
rules as needed.
SEC. 102. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) examine and report to the President, the Congress, and
the chief election official of each State regarding the
accuracy, integrity, and efficiency of Federal election
procedures in the States;
(2) develop standards for the conduct of Federal elections
and make recommendations with respect to the periodic review
and updating of such standards; and
(3) make additional recommendations to Congress with
respect to procedural and administrative aspects of Federal
elections over which Congress may exercise legislative
authority under the Constitution of the United States.
(b) Specific Consideration of Certain Issues in Development of
Standards.--In developing standards under subsection (a)(2) for the
conduct of Federal elections, the Commission shall give specific
consideration to the following:
(1) Procedures for voter registration and maintenance of
lists of registered voters.
(2) Ballot design, voting equipment, the methods employed
in counting and recounting votes, and the procedures for
challenging the results.
(3) Factors which affect access to and the efficient and
orderly operation of polling places, including hours of voting
(which may include standards for a uniform national poll
closing time for presidential elections), number and
accessibility of polling stations, training of poll workers,
methods of reducing delay, and steps to ensure that all voters
who report to the polls have an opportunity to cast votes.
(4) Procedures for mail-in and absentee voting (including
deadlines for receipt of mail-in and absentee ballots).
(c) Specific Consideration of Certain Issues in Additional
Recommendations.--In preparing additional recommendations for Congress
under subsection (a)(3), the Commission shall make recommendations as
to whether Federal law should be amended to authorize Federal elections
to be conducted--
(1) on dates other than those prescribed by current Federal
law so as to permit weekend elections, voting on multiple days,
or expanded early voting options; and
(2) by means of the Internet.
SEC. 103. REPORTS.
(a) Report on Current Procedures and Recommended Standards.--Not
later than 12 months after the date of the initial meeting of the
Commission, the Commission shall submit to the President, the Congress,
the chair of the Federal Election Commission, and the chief election
official of each State a report which includes--
(1) the findings and conclusions of the Commission on the
accuracy, integrity, and efficiency of Federal election
procedures in the States made under section 102(a)(1), together
with other findings and conclusions of the Commission; and
(2) the recommended standards for the conduct of Federal
elections developed under section 102(a)(2).
(b) Report on Additional Recommendations.--Not later than 12 months
after the date of the initial meeting of the Commission, the Commission
shall submit to Congress the additional recommendations prepared under
section 102(a)(3).
(c) Separate Views.--Any member of the Commission may submit
additional findings and recommendations to be made a part of the
reports submitted under this section.
SEC. 104. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such places and times, take such testimony, and receive such
evidence as the Commission deems necessary to carry out the provisions
of this Act, except that in holding hearings the Commission shall
select locations for the hearings in a manner which reflects a balance
among various geographic regions of the United States.
(b) Access to Federal Information.--The Commission may secure
directly from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the chair
of the Commission, the head of that department or agency shall furnish
that information to the Commission.
(c) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
SEC. 105. COMPENSATION AND PERSONNEL.
(a) Compensation of Members.--Members of the Commission shall serve
without pay, but shall receive travel expenses, including per diem in
lieu of subsistence, as authorized by law for persons serving
intermittently in Government service under subchapter I of chapter 57
of title 5, United States Code, while away from their homes and places
of business in the performance of services for the Commission.
(b) Personnel.--The chair of the Commission may appoint staff of
the Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code, except that the rate of pay of any staff
may not exceed the annual rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
SEC. 106. SUPPORT SERVICES.
The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
SEC. 107. TERMINATION.
The Commission shall terminate not later than the date that is 30
days after the date the Commission submits the reports required under
section 103.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 to the
Commission to carry out this title.
TITLE II--FEDERAL ELECTION STANDARDS IMPLEMENTATION GRANTS
SEC. 201. GRANT AUTHORIZATION.
(a) In General.--
(1) Establishment of program.--Not later than 60 days after
the National Advisory Commission on Federal Election Standards
submits the report containing its recommended standards for the
conduct of Federal elections under section 103(a), the Federal
Election Commission shall establish a program to make grants to
qualifying States to improve the accuracy, integrity, and
efficiency of Federal election procedures by carrying out
programs, projects, and other activities to bring the conduct
of Federal elections into conformity with such standards.
(2) Solicitation of applications.--Not later than 30 days
after establishing the program under this section, the Federal
Election Commission shall begin soliciting applications from
States for grants under the program.
(b) Qualifying State Defined.--In this section, a ``qualifying
State'' is a State which has submitted an application for a grant under
the program under this section (at such time and in such form and
manner as the Federal Election Commission may require) containing such
information and assurances as the Federal Election Commission may
require.
(c) Permitted Uses.--Grants made under the program under this
section may be used by States, either directly or through units of
local government, Indian tribal governments, other public and private
entities, and multi-jurisdictional or regional consortia, for
activities which may include the following:
(1) The hiring of employees or consultants to design and
implement systems and procedures which meet the standards
referred to in subsection (a).
(2) The procurement of equipment, technology, and
administrative and managerial support systems which meet such
standards.
(3) The provision of training or retraining to election
officials, employees, and volunteers in the proper use and
maintenance of new systems and procedures which meet such
standards.
(4) Activities to enhance public confidence and
participation in the electoral process by increasing knowledge
and awareness of new systems and procedures which meet such
standards.
(5) The evaluation of the effectiveness of new systems and
procedures put in place using funds provided under this title.
(d) Matching Funds.--The portion of the costs of a program,
project, or activity provided by a grant under the program under this
section may not exceed 75 percent of the total costs of the program,
project, or activity, except that the Federal Election Commission may
waive this requirement in whole or in part under such terms and
conditions as the Federal Election Commission considers appropriate.
(e) Minimum Amount.--Unless all applications submitted by all
qualifying States for grants under the program under this section have
been funded, the amount received under this section for any fiscal year
by each qualifying State, together with grantees within the State, may
not be less than 0.5 percent of the total amount appropriated for such
grants for the fiscal year.
SEC. 202. TECHNICAL ASSISTANCE.
(a) In General.--The Federal Election Commission may provide
technical assistance to States, units of local government, Indian
tribal governments, and other public and private entities, in
furtherance of the purposes of this title.
(b) Training Centers and Facilities.--The technical assistance
provided by the Federal Election Commission under this section may
include the establishment and operation of training centers or
facilities, either directly or by contracting or cooperative
arrangements. The functions of such centers or facilities may include
instruction and seminars for election officials, employees, trainers,
and such others as the Federal Election Commission considers
appropriate to meet the objectives of this title.
SEC. 203. REPORTS TO CONGRESS.
Not later than 60 days after each fiscal year for which grants are
made under this title, the Federal Election Commission shall submit a
report to Congress on the programs carried out under this title during
the year, and may include in the report any recommendations of the
Federal Election Commission for amendments to this title and related
provisions of law.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$250,000,000 for each of the first 3 fiscal years beginning after the
date of the enactment of this Act, and such sums as may be necessary
for each succeeding fiscal year.
TITLE III--STATE DEFINED
SEC. 301. STATE DEFINED.
In this Act, the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the
Virgin Islands, and American Samoa. | Federal Election Standards Act of 2001- Establishes the National Advisory Commission on Federal Election Standards to: (1) examine and report to the President, the Congress, and the chief election official of each State regarding the accuracy, integrity, and efficiency of Federal election procedures in the States; (2) develop standards for the conduct of Federal elections and make recommendations with respect to the periodic review and updating of such standards; and (3) make additional recommendations to Congress with respect to procedural and administrative aspects of Federal elections over which Congress may exercise legislative authority under the Constitution.Directs the Federal Election Commission (FEC) to establish a program to make grants to qualifying States to improve the accuracy, integrity, and efficiency of Federal election procedures by carrying out programs, projects, and other activities to bring the conduct of Federal elections into conformity with such standards. | {"src": "billsum_train", "title": "To establish a bipartisan commission to study the accuracy, integrity, and efficiency of Federal election procedures and develop standards for the conduct of Federal elections, and to authorize grants and technical assistance to the States to assist them in implementing such standards."} | 2,827 | 168 | 0.501051 | 1.252005 | 0.660469 | 8.353659 | 16.121951 | 0.97561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GSE Legal Fee Reduction Act of
2011''.
SEC. 2. LIMITATIONS ON INDEMNIFICATION OF LEGAL FEES.
(a) Limitations.--Section 1318 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4518) is amended
by adding at the end the following new subsection:
``(f) Procedures for Advancement and Indemnification of Legal
Fees.--The Director shall, by regulation, establish requirements
prescribing the procedures and terms for advancement of amounts by an
enterprise for qualified indemnification payments for the benefit of
any entity-affiliated party, which shall provide as follows:
``(1) Determination of reasonable expenses.--
``(A) Proposed criteria.--If at any time an
enterprise is required, pursuant to law, regulation,
order, bylaw, or agreement or contract, to make a
qualified indemnification payment for the benefit of an
entity-affiliated party, the Director shall require the
enterprise to submit to the Director proposed criteria
to be used in determining, at the time for the
advancement of amounts for such payment, whether the
liability or legal expenses for which such payment is
to be made is reasonable, which shall include--
``(i) methods and procedures for making
such determinations;
``(ii) a process for review and appeal of
such determinations; and
``(iii) terms and conditions for advancing
amounts for liability or legal expenses
determined to be reasonable.
``(B) Review.--Upon receipt of proposed criteria
submitted pursuant to subparagraph (A), the Director
shall promptly review such proposed criteria and
approve or disapprove such criteria based on a
determination of whether such criteria will ensure that
amounts are advanced only for qualified indemnification
payments for liability or legal expenses that are
reasonable.
``(2) Claims of fraud, moral turpitude, and breach of
fiduciary duty.--
``(A) Bylaws.--The Director shall require each
enterprise to adopt bylaws requiring any entity-
affiliated party accused in any claim, proceeding, or
action, whether administrative, civil, or criminal of
fraud, moral turpitude, or breach of fiduciary duty to
post collateral, security, bonding, or other assurances
of repayment.
``(B) Requirement to post bond.--The Director shall
require any entity-affiliated party accused in any
claim, proceeding, or action, whether administrative,
civil, or criminal, of fraud, moral turpitude, or
breach of fiduciary duty to post collateral, security,
bonding, or other assurances of repayment.
``(3) Prohibition of use of amounts borrowed from taxpayers
for settlement costs.--
``(A) Prohibition.--The Director shall prohibit an
enterprise from using any Treasury funds to satisfy any
settlement, judgment, order, or penalty.
``(B) Treasury funds.--For purposes of subparagraph
(A), the term `Treasury funds' means amounts obtained
by an enterprise pursuant to--
``(i) purchase by the Secretary of the
Treasury of obligations or securities of the
enterprise pursuant to--
``(I) subsection (c) or (g) of
section 304 of the Federal National
Mortgage Association Charter Act (12
U.S.C. 1719);
``(II) subsection (c) or (l) of
section 306 of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C.
1455); or
``(III) subsection (i) or (l) of
section 11 of the Federal Home Loan
Bank Act (12 U.S.C. 1431); or
``(ii) any other lending, advance, subsidy,
payment, appropriation, or purchase of any
obligation or security, by the Federal
Government or any agency or entity of the
Federal Government.
``(C) Assets to be used for settlement costs.--An
enterprise shall satisfy any settlement, judgment,
order, or penalty, to the maximum extent possible, with
proceeds from the sale of assets of the enterprise,
including assets in the retained portfolio of the
enterprise and real estate owned of the enterprise and
other physical assets of the enterprise.
``(4) Notification of settlement.--The Director shall
prohibit an enterprise from entering into any consent decree or
settlement of any claim, proceeding, or action involving an
entity-affiliated party that will result in any qualified
indemnification payments in an aggregate amount exceeding
$1,000,000 before the expiration of the 30-day period beginning
upon the submission by the Director to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
of notification of such proposed consent decree or settlement
and the terms and amount of the qualified indemnification
payments involved.
``(5) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Qualified indemnification payment.--The term
`qualified indemnification payment' means any payment
(or agreement to make any payment) by an enterprise for
the benefit of any person who is or was an entity-
affiliated party, to pay or reimburse such person for
any liability or legal expense with regard to any
claim, proceeding, or action, whether administrative,
civil, or criminal.
``(B) Other definitions.--The terms `liability or
legal expense' and `payment' have the meanings given
such terms in subsection (e)(5).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to any advancement of amounts for a qualified
indemnification payment for the benefit of an entity-affiliated party
that is made after the date of the enactment of this Act. | GSE Legal Fee Reduction Act of 2011 - Amends the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to require the Director of the Federal Housing Finance Agency (FHFA) to establish requirements prescribing the procedures and terms for advancement of amounts by a government-sponsored enterprise (GSE) for qualified indemnification payments for the benefit of any entity-affiliated party.
(The GSEs the FHFA supervises are the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], the Federal Home Loan Banks, and the Office of Finance.)
Requires the Director to require any GSE obligated to make such a payment to propose criteria for determining whether the liability or legal expenses for which such payment is to be made are reasonable. Requires prompt review and approval or disapproval of such proposed criteria.
Requires the Director to require each GSE to adopt bylaws requiring any entity-affiliated party accused of fraud, moral turpitude, or breach of fiduciary duty to post collateral, security, bonding or other assurances of repayment.
Requires the Director to prohibit a GSE from using any Treasury funds to satisfy any settlement, judgment, order, or penalty. Requires settlement costs to be satisfied out of the sale of GSE assets.
Requires the Director to prohibit a GSE from entering into any consent decree or settlement of a claim, proceeding, or action involving an entity-affiliated party that will result in any qualified indemnification payments exceeding an aggregate of $1 million before 30 days after notice of the decree or settlement to specified congressional committees. | {"src": "billsum_train", "title": "To protect the taxpayers of the United States by limiting the Federal payment of legal fees for current and former officers and affiliated parties of Fannie Mae and Freddie Mac."} | 1,284 | 369 | 0.63049 | 2.406003 | 0.78967 | 4.076923 | 3.886288 | 0.87291 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cathedral Rock and Horse Heaven
Wilderness Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Land exchange map.--The term ``land exchange map''
means the map entitled ``Antone Ranch Exchanges'' and dated
July 26, 2010.
(2) Proposed wilderness map.--The term ``proposed
wilderness map'' means the map entitled ``Cathedral Rock and
Horse Heaven Wilderness'' and dated November 8, 2010.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Oregon.
SEC. 3. LAND EXCHANGES.
(a) Authorization.--
(1) Smith exchange.--
(A) In general.--Subject to subsections (b) through
(e), if the owner of the non-Federal land described in
subparagraph (B)(i) offers to convey to the United
States all right, title, and interest of the owner in
and to the non-Federal land, the Secretary shall--
(i) accept the offer; and
(ii) convey to the owner of the non-Federal
land all right, title, and interest of the
United States in and to the Federal land
described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) is the
approximately 1,135 acres of non-Federal land
generally depicted on the proposed wilderness
map as ``Land transfer from Smith to BLM''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)(ii) is the
approximately 1,195 acres of Federal land
generally depicted on the proposed wilderness
map as ``Land transfer from BLM to Smith''.
(2) Shrum exchange.--
(A) In general.--Subject to subsections (b) through
(e), if the owner of the non-Federal land described in
subparagraph (B)(i) offers to convey to the United
States all right, title, and interest of the owner in
and to the non-Federal land, the Secretary shall--
(i) accept the offer; and
(ii) convey to the owner of the non-Federal
land all right, title, and interest of the
United States in and to the Federal land
described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) is the
approximately 415 acres of non-Federal land
generally depicted on the proposed wilderness
map as ``Land transfer from Shrum to BLM''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)(ii) is the
approximately 555 acres of Federal land
generally depicted on the proposed wilderness
map as ``Land transfer from BLM to Shrum''.
(3) Young life exchange.--
(A) In general.--Subject to subsections (b) through
(e), if the owner of the non-Federal land described in
subparagraph (B)(i) offers to convey to the United
States all right, title, and interest of the owner in
and to the non-Federal land, the Secretary and the
Secretary of Agriculture shall--
(i) accept the offer; and
(ii) convey to the owner of the non-Federal
land all right, title, and interest of the
United States in and to the Federal land
described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) is the
approximately 10,290 acres of non-Federal land
generally depicted on the proposed wilderness
map as ``Land transfer from Young Life to
BLM''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)(ii) is--
(I) the approximately 11,365 acres
of Federal land generally depicted on
the proposed wilderness map as ``Land
transfer from BLM to Young Life'';
(II) the approximately 645 acres of
Federal land generally depicted on the
land exchange map as ``Land transfer
from BLM to Young Life''; and
(III) the approximately 690 acres
of Federal land generally depicted on
the land exchange map as ``Land
transfer from USFS to Young Life''.
(b) Applicable Law.--Each land exchange under subsection (a) shall
be carried out in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716), including the
requirement that the Secretary determine that the public interest will
be well served by making the exchange.
(c) Conditions.--Each land exchange under subsection (a) shall be
subject to--
(1) valid existing rights;
(2) the condition that the owner make the offer to convey
all or part of the non-Federal land during the 3-year period
beginning on the date of enactment of this Act;
(3) the condition that the owner of the non-Federal land
pay not less than 50 percent of all costs relating to the land
exchange, including the costs of appraisals, surveys, and any
necessary environmental clearances;
(4) the condition that title to the non-Federal land be
acceptable to the Secretary and in conformance with the title
approval standards applicable to Federal land acquisitions; and
(5) such terms and conditions as the Secretary or the
Secretary of Agriculture, as appropriate, may require.
(d) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in each land exchange under this
section--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance
with paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-
Federal land to be exchanged under this section shall
be appraised by an independent, qualified appraiser
that is agreed to by the Secretary or the Secretary of
Agriculture, as appropriate.
(B) Requirements.--An appraisal under subparagraph
(A) shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land
and the non-Federal land to be conveyed in a land
exchange under this section is not equal, the value may
be equalized by--
(i) making a cash equalization payment to
the Secretary or to the owner of the non-
Federal land, as appropriate, in accordance
with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b));
or
(ii) reducing the acreage of the Federal
land or the non-Federal land to be exchanged,
as appropriate.
(B) Cash equalization payments.--Any cash
equalization payments received by the Secretary under
subparagraph (A)(i) shall be--
(i) deposited in the Federal Land Disposal
Account established by section 206(a) of the
Federal Land Transaction Facilitation Act (43
U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(e) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land to be exchanged under subsection (a)
shall be determined by surveys approved by the Secretary.
(f) Completion of Land Exchange.--It is the intent of Congress that
the land exchanges under this section be completed not later than 5
years after the date of enactment of this Act.
(g) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
approximately 750 acres of Federal land managed by the Bureau
of Land Management generally depicted on the land exchange map
as ``Land transfer from BLM to USFS'' is transferred from the
Bureau of Land Management to the Forest Service.
(2) Administration.--The Secretary of Agriculture shall
administer the transferred land in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Act'') (16 U.S.C. 480 et seq.); and
(B) the laws (including regulations) applicable to
the National Forest System.
(3) Costs.--Any costs relating to the transfer under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of
Agriculture.
SEC. 4. POTENTIAL WILDERNESS AREAS.
(a) Designation of Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following areas of
Federal land managed by the Bureau of Land Management in the
State are designated as potential wilderness areas until the
date described in paragraph (2):
(A) Cathedral rock.--Certain land comprising
approximately 4,560 acres generally depicted on the
proposed wilderness map as ``Proposed Cathedral Rock
Wilderness''.
(B) Horse heaven.--Certain land comprising
approximately 2,815 acres generally depicted on the
proposed wilderness map as ``Proposed Horse Heaven
Wilderness''.
(2) Interim management.--Each potential wilderness area
shall be managed in a manner that maintains or improves the
wilderness character of the potential wilderness area and
suitability of the potential wilderness area for designation in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
until the earlier of--
(A) the date on which the potential wilderness area
is designated as wilderness under subsection (b); or
(B) the date that is 10 years after the date of
enactment of this Act.
(b) Designation of Wilderness.--
(1) Cathedral rock wilderness.--The Federal land within the
boundaries of the area generally depicted on the proposed
wilderness map as ``Proposed Cathedral Rock Wilderness'' shall
be designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Cathedral
Rock Wilderness'', on the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that sufficient inholdings
within the boundaries of the Proposed Cathedral Rock
Wilderness have been acquired to establish a manageable
wilderness unit; or
(B) the date on which the Secretary acquires secs.
2, 11, and 23 in T. 9 S, R. 19 E.
(2) Horse heaven wilderness.--The Federal land within the
boundaries of the area generally depicted on the proposed
wilderness map as ``Proposed Horse Heaven Wilderness'' shall be
designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Horse
Heaven Wilderness'', on the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that sufficient inholdings
within the boundaries of the Proposed Horse Heaven
Wilderness have been acquired to establish a manageable
wilderness unit; or
(B) the date on which the Secretary acquires those
portions of secs. 11, 12, 13, 23, and 24 in T. 10 S, R.
18 E. that are generally depicted as within the
boundaries of the ``Proposed Horse Heaven Wilderness''
on the proposed wilderness map.
(3) Maps; legal descriptions.--
(A) In general.--As soon as practicable after the
date on which a wilderness area is designated under
paragraph (1) or (2), the Secretary shall file a map
and legal description of the wilderness area with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Force of law.--The maps and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct minor errors in the maps and
legal descriptions.
(C) Availability.--The maps and legal descriptions
filed under subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Bureau of Land Management.
(4) Administration of wilderness.--
(A) In general.--Subject to valid existing rights,
each area designated as wilderness under paragraph (1)
or (2) shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(i) any reference in the Wilderness Act to
the effective date of that Act shall be
considered to be a reference to the date of
enactment of this Act; and
(ii) any reference in the Wilderness Act to
the Secretary of Agriculture shall be
considered to be a reference to the Secretary
of the Interior.
(B) Grazing.--The grazing of livestock in a
wilderness area designated under paragraph (1) or (2),
if established before the date of enactment of this
Act, shall be permitted to continue subject to such
reasonable regulations as are considered necessary by
the Secretary, in accordance with--
(i) section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A
of the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(C) Tribal rights.--Nothing in this section alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with
the Tribes and Bands of Middle Oregon of June 25, 1855
(12 Stat. 963).
(c) Incorporation of Acquired Land and Interests.--Any land or
interest in land that is acquired by the United States within the
boundaries generally depicted on the proposed wilderness map as
``Proposed Cathedral Rock Wilderness'' and ``Proposed Horse Heaven
Wilderness'' shall--
(1) become part of the potential wilderness area or
wilderness area, as applicable; and
(2) be managed in accordance with--
(A) this section; and
(B) any other applicable laws.
(d) Withdrawal.--Subject to valid existing rights, within the
boundaries generally depicted on the proposed wilderness map as
``Proposed Cathedral Rock Wilderness'' and ``Proposed Horse Heaven
Wilderness'', the Federal land and any land or interest in land that is
acquired by the United States is withdrawn from all forms of--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws. | Cathedral Rock and Horse Heaven Wilderness Act of 2011 - Designates specified Bureau of Land Management (BLM) land in Oregon as potential wilderness areas.
Provides for the designation of such areas, to be known as the Cathedral Rock Wilderness and the Horse Heaven Wilderness, as wilderness and as components of the National Wilderness Preservation System.
Authorizes certain land exchanges with specified landowners. | {"src": "billsum_train", "title": "A bill to designate certain land in the State of Oregon as wilderness, to provide for the exchange of certain Federal land and non-Federal land, and for other purposes."} | 3,500 | 87 | 0.523636 | 1.340376 | 0.590132 | 2.71831 | 42.577465 | 0.887324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Charging And Refueling
Act'' or as the ``E-Car Act''.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR
RECHARGING PROPERTY.
(a) In General.--Section 30C of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 30C. ELECTRIC VEHICLE CHARGING AND REFUELING PROPERTY CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
50 percent of the cost of any qualified electric vehicle recharging or
refueling property placed in service by the taxpayer during the taxable
year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to all qualified electric vehicle recharging property placed in
service by the taxpayer during the taxable year at a location shall not
exceed--
``(1) in the case of a property of a character subject to
an allowance for depreciation, the greater of--
``(A) $100,000, or
``(B) $10,000 multiplied by the number of devices
placed in service at the location by the taxpayer
during the taxable year, and
``(2) $2,000 in any other case.
``(c) Definitions.--For purposes of this section--
``(1) Qualified electric vehicle recharging or refueling
property.--The term `qualified electric vehicle recharging
property' means any property (not including a building) if--
``(A) such property is--
``(i) of a character subject to the
allowance for depreciation, or
``(ii) installed on property which is used
as the principal residence (within the meaning
of section 121) of the taxpayer,
``(B) the original use of such property begins with
the taxpayer,
``(C) such property is for the recharging or
refueling of motor vehicles propelled by electricity,
including property providing electricity for plug-in
electric drive vehicles and property providing hydrogen
for fuel cell electric vehicles, and
``(D) such property includes related property
providing electricity for such recharging or is
otherwise necessary for such recharging or refueling
property.
``(2) Device.--The term `device' means an individual item
of property, whether a stand-alone item or part of property
that includes multiple devices, which functions to recharge one
vehicle at a time.
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year (after
the application of paragraph (1))--
``(A) shall be treated as a credit allowable under
subpart A for such taxable year, and
``(B) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 25D and 30D) and section 27 for the
taxable year.
``(e) Special Rules.--For purposes of this section--
``(1) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed (determined without regard to subsection (d)).
``(2) Property used by tax-exempt entity.--In the case of
any qualified electric vehicle recharging property the use of
which is described in paragraph (3) or (4) of section 50(b)
(including use by an Indian tribal government) and which is not
subject to a lease, the person who sold such property to the
person or entity using such property shall be treated as the
taxpayer that placed such property in service, but only if such
person clearly discloses to such person or entity in a document
the amount of any credit allowable under subsection (a) with
respect to such property (determined without regard to
subsection (d)).
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1) or with respect
to the portion of the cost of any property taken into account
under section 179.
``(4) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(5) Recapture rules.--Rules similar to the rules of
section 179A(e)(4) shall apply.
``(6) Joint ownership of qualified electric vehicle
recharging property.--
``(A) In general.--Any qualified electric vehicle
recharging property shall not fail to be treated as
such property solely because such property is placed in
service with respect to 2 or more dwelling units.
``(B) Limits applied separately.--In the case of
any qualified electric vehicle recharging property
which is placed in service with respect to 2 or more
dwelling units, this section (other than this
subparagraph) shall be applied separately with respect
to the portion of such property attributable to each
such dwelling unit.''.
(b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of
such Code is amended by striking ``section 25D'' and inserting
``sections 25D and 30C''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2013.
(2) Hydrogen refueling property.--The amendments made by
this subsection shall apply to hydrogen property placed in
service after December 31, 2014. | Electric Charging and Refueling Actor the E-Car Act Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging or refueling property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging or refueling of motor vehicles propelled by electricity. | {"src": "billsum_train", "title": "E-Car Act"} | 1,453 | 101 | 0.637001 | 1.493459 | 1.394319 | 3.768293 | 15.792683 | 0.914634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic Drywall Homeowner Relief Act
of 2010''.
SEC. 2. DEDUCTION FOR COSTS TO REMEDIATE THE PRESENCE OF DRYWALL
CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM IN THE
PRINCIPAL RESIDENCE OF THE TAXPAYER AND FOR TEMPORARY
ALTERNATIVE LIVING COSTS INCURRED BY REASON OF THE
PRESENCE OF SUCH DRYWALL.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. DEDUCTION FOR COSTS TO REMEDIATE THE PRESENCE OF DRYWALL
CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM IN THE
PRINCIPAL RESIDENCE OF THE TAXPAYER AND FOR TEMPORARY
ALTERNATIVE LIVING COSTS INCURRED BY REASON OF THE
PRESENCE OF SUCH DRYWALL.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a deduction an amount equal to--
``(1) the qualified drywall removal and remediation costs
paid or incurred by the taxpayer during the taxable year, and
``(2) the qualified alternative living costs so paid or
incurred.
``(b) Dollar Limitations.--
``(1) Drywall removal and remediation costs.--The deduction
allowed by this section for qualified drywall removal and
remediation costs for any taxable year shall not exceed the
excess of--
``(A) $20,000, over
``(B) the deduction allowed to the taxpayer by this
section for qualified drywall removal and remediation
costs for all prior taxable years.
``(2) Qualified alternative living costs.--The deduction
allowed by this section for qualified alternative living costs
for any taxable year shall not exceed the excess of--
``(A) $12,000, over
``(B) the deduction allowed to the taxpayer by this
section for qualified alternative living costs for all
prior taxable years.
No more than $1,000 of such costs may be taken into account for
any month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means any individual if--
``(A) drywall was installed in the principal
residence of such individual after 2004 and before
2009, and
``(B) it is reasonable to believe that the
drywall--
``(i) was manufactured in the People's
Republic of China, or
``(ii) contains elevated levels of sulphur
or strontium.
``(2) Qualified drywall removal and remediation costs.--The
term `qualified drywall removal and remediation costs' means
costs incurred--
``(A) to remove drywall containing elevated levels
of sulphur or strontium from the principal residence of
the taxpayer and to replace the drywall,
``(B) to remove and replace electrical system
components and appliances which corroded by reason of
the presence of such drywall,
``(C) to carry out other remediation activities
recommended by the Consumer Product Safety Commission
by reason of such drywall, and
``(D) for building inspections associated with any
of the foregoing.
``(3) Qualified alternative living costs.--The term
`qualified alternative living costs' means costs for lodging
(not lavish or extravagant under the circumstances) occupied by
the taxpayer for a reasonable period--
``(A) while the taxpayer is determining whether the
taxpayer's principal residence has drywall containing
elevated levels of sulphur or strontium, and
``(B) while such drywall is being removed and
replaced.
``(4) Principal residence.--The term `principal residence'
has the meaning given to such term by section 121.
``(d) Certain Rules To Apply.--Rules similar to the rules under
paragraphs (4), (5), (6), and (7) of section 25D(e) shall apply for
purposes of this section.
``(e) Application of Section.--The section shall apply only to
taxable years beginning after December 31, 2008, and before January 1,
2012.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Deduction for costs to remove and replace certain
drywall and for temporary alternative living costs.--The
deduction allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as relating to section 225 and by
inserting after the item relating to section 223 the following new
item:
``Sec. 224. Deduction for costs to remediate the presence of drywall
containing elevated levels of sulphur or
strontium in the principal residence of the
taxpayer and for temporary alternative
living costs incurred by reason of the
presence of such drywall.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. CREDIT FOR MOVING COSTS ASSOCIATED WITH VACATING TAXPAYER'S
PRINCIPAL RESIDENCE BY REASON OF DRYWALL CONTAINING
ELEVATED LEVELS OF SULPHUR OR STRONTIUM.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. MOVING COSTS ASSOCIATED WITH VACATING TAXPAYER'S PRINCIPAL
RESIDENCE BY REASON OF DRYWALL CONTAINING ELEVATED LEVELS
OF SULPHUR OR STRONTIUM.
``(a) In General.--In the case of an eligible individual (as
defined in section 224(c)), there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
the qualified moving costs paid or incurred by the taxpayer during the
taxable year.
``(b) Maximum Credit.--The aggregate costs taken into account under
subsection (a) with respect to moves from and to the taxpayer's
principal residence shall not exceed $1,000.
``(c) Qualified Moving Costs.--For purposes of this section, the
term `qualified moving costs' means costs incurred--
``(1) to move from the taxpayer's principal residence
(within the meaning of section 121) to temporary lodging to be
occupied by the taxpayer--
``(A) while the taxpayer is determining whether the
taxpayer's principal residence has drywall containing
elevated levels of sulphur or strontium, and
``(B) while such drywall is being removed and
replaced, and
``(2) to move from such lodging back to such residence.
``(d) Application of Section.--The section shall apply only to
taxable years beginning after December 31, 2008, and before January 1,
2012.''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Moving costs associated with vacating taxpayer's principal
residence by reason of drywall containing
elevated levels of sulphur or strontium.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Toxic Drywall Homeowner Relief Act of 2010 - Amends the Internal Revenue Code to allow a deduction from gross income for the cost of removing and remediating drywall installed in a principal residence between 2004 and 2009 which is reasonably believed to have been manufactured in China and which contains elevated levels of sulphur or strontium.
Allows an additional deduction for the taxpayer's alternative living costs, and a tax credit of up to $1,000 for the cost of moving from a principal residence to temporary lodging, while drywall in such residence is being evaluated, removed, and replaced.
Terminates the tax deductions and credit allowed by this Act after 2011. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a deduction for costs incurred to remediate the presence of drywall containing elevated levels of sulphur or strontium in the principal residence of the taxpayer, a deduction for alternative living costs incurred by reason of the need to vacate such residence because of such drywall, and a credit against income tax for the costs of moving to and from the temporary living quarters."} | 1,844 | 141 | 0.619177 | 1.86396 | 0.672446 | 1.808333 | 12.433333 | 0.841667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Potential
Creation of a National Museum of the American Latino Community Act of
2006''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of the American Latino
Community (referred to in this Act as the ``Commission'').
(b) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of the enactment of
this Act as follows:
(1) The President shall appoint 7 voting members.
(2) The Speaker of the House of Representatives, the
minority leader of the House of Representatives, the majority
leader of the Senate, and the minority leader of the Senate
shall each appoint 3 voting members.
(3) In addition to the members appointed under paragraph
(2), the Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall each
appoint 1 nonvoting member.
(c) Qualifications.--Members of the Commission shall be chosen from
among individuals, or representatives of institutions or entities, who
possess either--
(1) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(A) expertise in museum administration;
(B) expertise in fundraising for nonprofit or
cultural institutions;
(C) experience in the study and teaching of Latino
culture and history at the postsecondary level;
(D) experience in studying the issue of the
Smithsonian Institution's representation of American
Latino art, life, history, and culture; or
(E) extensive experience in public or elected
service; or
(2) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups in
American history.
SEC. 3. FUNCTIONS OF THE COMMISSION.
(a) Plan of Action for Establishment and Maintenance of Museum.--
The Commission shall submit a report to the President and Congress
containing its recommendations with respect to a plan of action for the
establishment and maintenance of a National Museum of the American
Latino Community in Washington, DC (referred to in this Act as the
``Museum'').
(b) Fundraising Plan.--The Commission shall develop a fundraising
plan for supporting the creation and maintenance of the Museum through
contributions by the American people, and a separate plan on
fundraising by the American Latino community.
(c) Report on Issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian Institution), and
submit a report to the President and Congress on, the following issues:
(1) The availability and cost of collections to be acquired
and housed in the Museum.
(2) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(3) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of Fine
Arts.
(4) Whether the Museum should be located within the
Smithsonian Institution.
(5) The governance and organizational structure from which
the Museum should operate.
(6) How to engage the American Latino community in the
development and design of the Museum.
(d) Legislation to Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under subsection (a)
and the report submitted under subsection (c), the Commission shall
submit for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on House
Administration of the House of Representatives, the Committee on
Resources of the House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the Committees on Appropriations
of the House of Representatives and the Senate recommendations for a
legislative plan of action to create and construct the Museum.
(e) National Conference.--In carrying out its functions under this
section, the Commission shall convene a national conference on the
Museum, comprised of individuals committed to the advancement of
American Latino life, art, history, and culture, not later than 9
months after the date of enactment of this Act.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Facilities and Support of Secretary of the Interior.--The
Secretary of the Interior shall provide the administrative services,
facilities, and funds necessary for the performance of the Commission's
functions.
(b) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive compensation
for each day on which the member is engaged in the work of the
Commission, at a daily rate to be determined by the Secretary of the
Interior.
(c) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.
(a) Deadline.--The Commission shall submit final versions of the
reports, plans, and recommendations required under section 3 not later
than 18 months after the date of enactment of this Act.
(b) Termination.--The Commission shall terminate not later than 30
days after submitting the final versions of reports, plans, and
recommendations pursuant to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
activities of the Commission $2,100,000 for fiscal year 2007 and
$1,100,000 for fiscal year 2008. | Commission to Study the Potential Creation of a National Museum of the American Latino Community Act of 2006 - Establishes the Commission to Study the Potential Creation of a National Museum of the American Latino Community to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, D.C. | {"src": "billsum_train", "title": "A bill to establish the Commission to Study the Potential Creation of a National Museum of the American Latino Community, to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, DC, and for other purposes."} | 1,265 | 74 | 0.612003 | 1.504436 | 0.785656 | 7.533333 | 19.633333 | 0.966667 |
SECTION 1. RECOURSE LOANS FOR PROCESSORS OF SUGARCANE AND SUGAR BEETS
AND REDUCTION IN LOAN RATES.
(a) Gradual Reduction in Loan Rates.--
(1) Sugarcane processor loans.--Section 156(a) of the
Agricultural Market Transition Act (7 U.S.C. 7272(a)) is
amended by striking ``equal to 18 cents per pound for raw cane
sugar.'' and inserting the following: ``, per pound for raw
cane sugar, equal to the following:
``(1) In the case of raw cane sugar processed from the
1996, 1997, or 1998 crop, $0.18.
``(2) In the case of raw cane sugar processed from the 1999
crop, $0.17.
``(3) In the case of raw cane sugar processed from the 2000
crop, $0.16.
``(4) In the case of raw cane sugar processed from the 2001
crop, $0.15.
``(5) In the case of raw cane sugar processed from the 2002
crop, $0.14.''.
(2) Sugar beet processor loans.--Section 156(b) of the
Agricultural Market Transition Act (7 U.S.C. 7272(b)) is
amended by striking ``equal to 22.9 cents per pound for refined
beet sugar.'' and inserting the following: ``, per pound of
refined beet sugar, that reflects--
``(1) an amount that bears the same relation to the loan
rate in effect under subsection (a) for a crop as the weighted
average of producer returns for sugar beets bears to the
weighted average of producer returns for sugarcane, expressed
on a cents per pound basis for refined beet sugar and raw cane
sugar, for the most recent 5-year period for which data are
available; and
``(2) an amount that covers sugar beet processor fixed
marketing expenses.''.
(b) Conversion to Recourse Loans.--Section 156(e) of the
Agricultural Market Transition Act (7 U.S.C. 7272(e)) is amended--
(1) in paragraph (1), by inserting ``only'' after ``this
section''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) National loan rates.--Recourse loans under this
section shall be made available at all locations nationally at
the rates specified in this section, without adjustment to
provide regional differentials.''.
(c) Conversion to Private Sector Financing.--Section 156 of the
Agricultural Market Transition Act (7 U.S.C. 7272) is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i) Conversion to Private Sector Financing.--Notwithstanding any
other provision of law--
``(1) no processor of any of the 2003 or subsequent crops
of sugarcane or sugar beets shall be eligible for a loan under
this section with respect to the crops; and
``(2) the Secretary may not make price support available,
whether in the form of loans, payments, purchases, or other
operations, for any of the 2003 and subsequent crops of sugar
beets and sugarcane by using the funds of the Commodity Credit
Corporation or other funds available to the Secretary.''; and
(3) in subsection (j) (as redesignated by paragraph (1)) by
striking ``subsection (f)'' and inserting ``subsections (f) and
(i)''.
(d) Termination of Marketing Quotas and Allotments.--
(1) Termination.--Part VII of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et
seq.) is repealed.
(2) Conforming amendment.--Section 344(f)(2) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is
amended by striking ``sugar cane for sugar, sugar beets for
sugar,''.
(e) Other Conforming Amendments.--
(1) Price support for nonbasic agricultural commodities.--
(A) Designated nonbasic agricultural commodities.--
Section 201(a) of the Agricultural Act of 1949 (7
U.S.C. 1446(a)) is amended by striking ``milk, sugar
beets, and sugarcane'' and inserting ``, and milk''.
(B) Other nonbasic agricultural commodities.--
Section 301 of the Agricultural Act of 1949 (7 U.S.C.
1447) is amended by inserting ``(other than sugarcane
and sugar beets)'' after ``title II''.
(2) Powers of commodity credit corporation.--Section 5(a)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(a)) is amended by inserting ``(except for the 2003 and
subsequent crops of sugarcane and sugar beets)'' after
``agricultural commodities''.
(3) Section 32 activities.--Section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), is amended in the second sentence of
the first paragraph by inserting ``(other than sugarcane and
sugar beets)'' after ``commodity'' the last place it appears.
(f) Assurance of Adequate Supplies of Sugar.--Section 902 of the
Food Security Act of 1985 (7 U.S.C. 1446g note; Public Law 99-198) is
amended by striking subsection (a) and inserting the following:
``(a) In General.--Beginning with the quota year for sugar imports
that begins after the 1998/1999 quota year, the President shall use all
authorities available to the President as may be necessary to enable
the Secretary of Agriculture to ensure that adequate supplies of raw
cane sugar are made available to the United States market at prices
that are not greater than the higher of--
``(1) the world sugar price (adjusted to a delivered
basis); or
``(2) the raw cane sugar loan rate in effect under section
156 of the Agricultural Market Transition Act (7 U.S.C. 7272),
plus interest.''. | Amends the Agricultural Market Transition Act with respect to the sugar program to: (1) reduce sugarcane loan rates through crop year 2002; (2) revise the sugar beet loan rate; (3) eliminate nonrecourse loans; and (4) eliminate sugar price supports after crop year 2002.
Amends the Agricultural Adjustment Act of 1938 to repeal sugar and crystalline fructose marketing quota and allotment provisions.
Amends the Food Security Act of 1985, beginning after the 1998- 1999 quota year, to direct the President to use all available authority to ensure that U.S. market raw sugar shall be available at not more than the higher of the world sugar price or the U.S. loan rate. | {"src": "billsum_train", "title": "A bill to amend the Agricultural Market Transition Act to convert the price support program for sugarcane and sugar beets into a system of solely recourse loans to provide for the gradual elimination of the program."} | 1,449 | 156 | 0.591039 | 1.710802 | 0.75598 | 2.031008 | 9.286822 | 0.821705 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Value of Every
American in Environmental Decisions Act''.
SEC. 2. VALUATION OF STATISTICAL LIFE IN ENVIRONMENTAL PROTECTION
AGENCY DECISIONMAKING.
(a) Findings.--Congress finds that--
(1) using a dollar value to establish the worth of a human
life as the basis of making decisions about whether to take
actions to protect humans from dying from environmental
pollution has been controversial, because that practice--
(A) offends many deeply held religious, moral, and
ethical beliefs of people in the United States;
(B) fails to sufficiently consider the long-
standing use of credible and accepted alternative
decisionmaking tools, such as--
(i) health-based protections that use the
latest science to understand and address
serious health threats, including safeguards
that seek to protect vulnerable individuals
(such as pregnant women, infants, children, and
the elderly);
(ii) technology-forcing standards that
promote increased research and development in
effective, cutting-edge technologies that can
save lives by cutting costs while--
(I) reducing the use of dangerous
materials;
(II) preventing or reducing the
release of those materials into the
environment; or
(III) creating new and safer
systems or materials;
(iii) right-to-know safeguards that--
(I) inform families, communities,
workers, and others about known or
potential threats;
(II) enable those individuals and
communities to make decisions about
safety based on the information; and
(III) encourage emitters and users
of toxic chemicals to reduce the
emission and use of those chemicals;
and
(C) fails to promote the development and
improvement of other desirable methods of
decisionmaking;
(2) decisionmaking by the Environmental Protection Agency
usually involves policy decisions and legal standards, such as
health-based protections, technology-forcing standards, or
right-to-know safeguards, rather than monetized values of life
and illnesses;
(3) Federal agencies should continue to consider the
nonquantifiable benefits of agency actions, regardless of
whether the number of deaths or illnesses resulting from those
actions can be quantified or expressed in monetary terms;
(4)(A) there is a great difference between a voluntarily
accepted risk and an involuntarily imposed risk; and
(B) that difference renders the use of a value of
statistical life based on measures of voluntarily accepted
risks questionable as applied to involuntarily imposed risks;
and
(5) as of the date of enactment of this Act, applicable
value of statistical life methodologies do not represent the
full value of a human life, including (among other issues) the
concepts that--
(A) an individual may value another life more than
one's own, for example the lives of family members or
children;
(B) infants, children, and many other individuals
do not have the ability to decide the appropriate value
of avoiding death;
(C) many studies of statistical life methodologies
are based on a small subset of the population that may
be willing to accept a higher risk of death or illness
for less compensation than other members of society;
and
(D) differing economic situations or negotiating
positions may falsely skew statistical life methodology
estimates downward.
(b) Value of Statistical Life.--
(1) Requirement.--To the extent that the Administrator of
the Environmental Protection Agency (referred to in this Act as
the ``Administrator'') uses in decisionmaking any value of
statistical life, including the life of pregnant women,
infants, children, and the elderly, the Administrator--
(A) shall not reduce that value below the highest
value of statistical life used in a decisionmaking of
the Administrator before the date of enactment of this
Act; and
(B) shall increase that value not less frequently
than once each calendar year, by adjusting the value to
reflect--
(i) the average annual total compensation
of individuals, including income and benefits;
(ii) the average capital that may be
liquidated upon the death of an individual; and
(iii) the value of nonpaid activities,
including the relevant activities described in
the American Time Survey Results published by
the Bureau of Labor Statistics of the
Department of Labor.
(2) Prohibition.--The Administrator shall not decrease the
value of statistical life used in a decisionmaking by the
Administrator based on age, income, race, illness, disability,
date of death, or any other personal attribute or relativistic
analysis of the value of life.
(3) Transparency requirement.--The Administrator shall--
(A) ensure that the process of the Administrator
for establishing a value of statistical life under this
subsection is conducted in a manner that is open to the
public, including by--
(i) providing public notice and an
opportunity to comment for a period of at least
60 days on any proposed revision of a value of
a statistical life;
(ii) explaining the process to the public
using common, understandable terms; and
(iii) for each significant study upon which
the Administrator relies, providing--
(I) a short description of the
methodological strengths and weaknesses
of the study; and
(II) a description of the injury,
illness, death, or other event used as
a basis for the study; and
(B) provide to the Committee on Environment and
Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives,
concurrently with the public notice described in
subparagraph (A)(i), any proposed revision of a value
of a statistical life.
(c) Effect of Section.--Nothing in this section--
(1) expresses on behalf of Congress any endorsement of
any--
(A) use of value of statistical life analysis as a
decisionmaking criterion;
(B) cost-benefit analysis;
(C) regulatory decisionmaking threshold; or
(D) single process of agency decisionmaking;
(2) creates a duty to make or revise any standard under any
other applicable law; or
(3) affects any substantive standard for promulgating
regulations under any other applicable law. | Restoring the Value of Every American in Environmental Decisions Act - Requires the Administrator of the Environmental Protection Agency (EPA), when using in decisionmaking any value of statistical life, including the life of pregnant women, infants, children, and the elderly, to: (1) not reduce that value below the highest value of statistical life used in a decisionmaking before the enactment of this Act; and (2) increase that value at least once each year, by adjusting the value to reflect the average annual total compensation of individuals, the average capital that may be liquidated upon the death of an individual, and the value of nonpaid activities, including the relevant activities described in the American Time Survey Results published by the Bureau of Labor Statistics of the Department of Labor.
Prohibits the Administrator from decreasing the value of statistical life based on age, income, race, illness, disability, date of death, or any other personal attribute or relativistic analysis of the value of life.
Requires the Administrator to: (1) ensure that the process for establishing a value of statistical life is open to the public; and (2) provide to specified congressional committees, concurrently with public notice, any proposed revision of a value of a statistical life.
Declares that nothing in this Act: (1) expresses on behalf of Congress an endorsement of any use of value of statistical life analysis as a decisionmaking criterion, cost-benefit analysis, regulatory decisionmaking threshold, or single process of agency decisionmaking; (2) creates a duty to make or revise any standard under any other law; or (3) affects any substantive standard for promulgating regulations under any other law. | {"src": "billsum_train", "title": "An original bill to restore the value of every American in environmental decisions, and for other purposes."} | 1,327 | 354 | 0.560136 | 2.010282 | 0.748995 | 5.738318 | 3.953271 | 0.953271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Veterans Assistance Fund
Act of 2017''.
SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND
``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund.
``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.
``(a) In General.--Every individual, with respect to the taxpayer's
return for the taxable year of the tax imposed by chapter 1--
``(1) may designate that a specified portion (not less than
$1) of any overpayment of tax shall be paid over to the
Homeless Veterans Assistance Fund in accordance with the
provisions of section 9512, and
``(2) in addition to any payment (if any) under paragraph
(1), may make a contribution to the United States of an
additional amount which shall be paid over to such Fund.
``(b) Manner and Time of Designation and Contribution.--A
designation and contribution under subsection (a) may be made with
respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after such time of filing)
specified in regulations prescribed by the Secretary.
Such designation and contribution shall be made in such manner as the
Secretary prescribes by regulations except that, if such designation is
made at the time of filing the return of the tax imposed by chapter 1
for such taxable year, such designation shall be made either on the
first page of the return or on the page bearing the taxpayer's
signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Homeless Veterans
Assistance Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Homeless Veterans Assistance Fund amounts equivalent to the amounts
designated and contributed under section 6098.
``(c) Expenditures.--
``(1) In general.--Subject to paragraphs (2) and (3),
amounts in the Homeless Veterans Assistance Fund shall be
available (and shall remain available until expended) to the
Department of Veterans Affairs, in consultation with the
Department of Labor Veterans' Employment and Training Service
and the Department of Housing and Urban Development, for the
purpose of providing services to homeless veterans, through--
``(A) the development and implementation of new and
innovative strategies to prevent and end veteran
homelessness, and
``(B) any homeless veteran program administered by
the Department of Veterans Affairs, the Department of
Labor Veterans' Employment and Training Service, and
the Department of Housing and Urban Development.
``(2) Additional allocations.--The Secretary of Veterans
Affairs is authorized to make transfers from the amounts
described in paragraph (1) to the Department of Labor Veterans'
Employment and Training Service and the Department of Housing
and Urban Development for the purpose of supporting programs
that serve homeless veterans.
``(3) Advance notice.--The Secretary of Veterans Affairs,
in collaboration with the Secretary of Labor and the Secretary
of Housing and Urban Development, shall submit a detailed
expenditure plan for any amounts in the Homeless Veterans
Assistance Fund to the Committees on Veterans' Affairs and
Committees on Appropriations of the House of Representatives
and of the Senate not later than 60 days prior to any
expenditure of such amounts.
``(d) President's Annual Budget Information.--Beginning with the
President's annual budget submission for fiscal year 2019 and every
year thereafter, the Department of Veterans Affairs, the Department of
Labor, and the Department of Housing and Urban Development shall
include a description of the use of funds from the Homeless Veterans
Assistance Fund from the previous fiscal year and the proposed use of
such funds for the next fiscal year.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Part IX. Contributions to the Homeless Veterans Assistance Fund''.
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Homeless Veterans Assistance Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Homeless Veterans Assistance Fund Act of 2017 This bill amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund to provide services to homeless veterans; (2) allow individual taxpayers to designate on their tax returns a portion of any overpayment of tax or an additional contribution for the fund; and (3) require the Departments of Veterans Affairs, Labor, and Housing and Urban Development, to include in the President's budget, beginning with FY2019, a description of the uses of the fund during the previous fiscal year and the proposed uses for the next fiscal year. | {"src": "billsum_train", "title": "Homeless Veterans Assistance Fund Act of 2017"} | 1,254 | 122 | 0.556334 | 1.492414 | 0.595048 | 2.871795 | 9.854701 | 0.854701 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care for America's Children
Act of 1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Over 10,000,000 children in the United States, 1 in 7,
lack health insurance coverage.
(2) Nearly half of those children (4,700,000) are eligible
for health benefits coverage through the medicaid program but
are not enrolled in that program.
(3) Children without health insurance coverage are 4 times
more likely to go without needed medical or surgical care.
(4) One out of 5 children who are uninsured for a year or
longer are missing all of their current immunizations.
(5) Children without health insurance are less likely to
have a family doctor, less likely to receive timely preventive
care, and less likely to receive treatment, even for serious
illnesses.
(6) Uninsured children are more likely to need emergency
room care at twice the cost of office-based care.
(7) A recent report by the Agency for Health Care Policy
and Research (AHCPR) stressed the need for States to engage in
outreach activities to increase the enrollment of medicaid-
eligible children.
(8) Outreach activities like shortened and simplified
applications, presumptive and continuous eligibility, and
outstationing of eligibility workers in schools and day care
centers have been found to be effective in getting medicaid-
eligible children enrolled in the medicaid program.
SEC. 3. MEDICAID CHILDREN'S ENROLLMENT PERFORMANCE BONUS.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended by adding at the end the following:
``(x)(1) In General.--Beginning with fiscal year 1999 and each
fiscal year thereafter, in addition to any other payment under this
title, the Secretary shall pay to each State that satisfies the
requirements of paragraphs (2) and (3) a children's enrollment
performance bonus under this subsection for such fiscal year in such
amount as the Secretary shall determine.
``(2) Demonstration of Implementation of Outreach Strategies.--A
State shall demonstrate to the satisfaction of the Secretary that the
State has a commitment to reach and enroll children who are eligible
for medical assistance under, but not enrolled in, the State plan under
this title through effective implementation of each of the following
outreach activities:
``(A) Streamlined eligibility procedures.--
``(i) In general.--The State uses streamlined
procedures described in clause (ii) for determining the
eligibility for medical assistance under, and
enrollment in, the State plan under this title of--
``(I) children in families with incomes
that do not exceed the effective income level
(expressed as a percent of the poverty line)
that has been specified under such State plan
(including under a waiver authorized by the
Secretary or under section 1902(r)(2) for the
child to be eligible for medical assistance
under section 1902(l)(2) or 1905(n)(2) (as
selected by a State)) for the age of such
child; and
``(II) children determined eligible for
such assistance, and enrolled in the State plan
under this title in accordance with the
requirements of paragraphs (1) and (2) of
section 1931(b).
``(ii) Procedures described.--The streamlined
procedures described in this clause include--
``(I) using shortened and simplified
applications for the children described in
clause (i);
``(II) eliminating the assets test for
determining the eligibility of such children;
and
``(III) allowing applications for such
children to be submitted by mail or telephone.
``(B) Continuous eligibility for children.--The State
provides (or demonstrates to the satisfaction of the Secretary
that, not later than fiscal year 2001, the State shall provide)
for 12-months of continuous eligibility for children in
accordance with section 1902(e)(12).
``(C) Presumptive eligibility for children.--The State
provides (or demonstrates to the satisfaction of the Secretary
that, not later than fiscal year 2001, the State shall provide)
for making medical assistance available to children during a
presumptive eligibility period in accordance with section
1920A.
``(D) Outstationing and alternative applications.--The
State complies with the requirements of section 1902(a)(55)
(relating to outstationing of eligibility workers for the
receipt and initial processing of applications for medical
assistance and the use of alternative application forms).
``(E) Simplified verification of eligibility
requirements.--The State demonstrates to the satisfaction of
the Secretary that the State uses only the minimum level of
verification requirements as are necessary for the State to
ensure accurate eligibility determinations under the State plan
under this title.
``(3) Report on Number of Enrollments Resulting From Outreach.--A
State shall annually report to the Secretary on the number of full year
equivalent children that are determined to be eligible for medical
assistance under the State plan under this title and are enrolled under
the plan as a result of--
``(A) having been provided presumptive eligibility in
accordance with section 1920A;
``(B) having submitted an application for such assistance
through an outstationed eligibility worker; and
``(C) having submitted an application for such assistance
by mail or telephone.
``(4) No Substitution of Spending.--Amounts paid to a State under
this subsection shall be used to supplement and not supplant other
Federal, State, or local funds provided to the State under this title
or title XXI. Amounts provided to the State under any other provisions
of this title shall not be reduced solely as a result of the State's
eligibility for a performance bonus under this subsection.''. | Health Care for America's Children Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to pay a children's enrollment performance bonus to each State that: (1) demonstrates its commitment to reach and enroll Medicaid-eligible children in its State Medicaid plan through implementation of various specified outreach activities; and (2) reports annually to the Secretary on the number of full year equivalent Medicaid-eligible children who enrolled under the State Medicaid plan as a result of having been provided presumptive eligibility and having applied for Medicaid assistance through an outstationed eligibility worker and by mail or telephone. | {"src": "billsum_train", "title": "Health Care for America's Children Act of 1998"} | 1,259 | 143 | 0.576249 | 1.578151 | 0.643233 | 3.072581 | 9.370968 | 0.91129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limitation on Nuclear Cooperation
with the United Arab Emirates Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Government of the united arab emirates.--
(A) In general.--The term ``Government of the
United Arab Emirates'' includes the government of any
subdivision of the United Arab Emirates, and any agency
or instrumentality of the Government of the United Arab
Emirates.
(B) Agency or instrumentality.--For purposes of
subparagraph (A), the term ``agency or instrumentality
of the Government of the United Arab Emirates'' means
an agency or instrumentality of a foreign state as
defined in section 1603(b) of title 28, United States
Code, with each reference in such section to ``a
foreign state'' deemed to be a reference to ``the
United Arab Emirates''.
(3) Government of iran.--
(A) In general.--The term ``Government of Iran''
includes the government of any subdivision of Iran, and
any agency or instrumentality of the Government of
Iran.
(B) Agency or instrumentality.--For purposes of
subparagraph (A), the term ``agency or instrumentality
of the Government of Iran'' means an agency or
instrumentality of a foreign state as defined in
section 1603(b) of title 28, United States Code, with
each reference in such section to ``a foreign state''
deemed to be a reference to ``Iran''.
(4) National of the united arab emirates.--The term
``national of the United Arab Emirates'' means--
(A) any citizen of the United Arab Emirates; or
(B) any other legal entity that is organized under
the laws of the United Arab Emirates.
(5) National of iran.--The term ``national of Iran''
means--
(A) any citizen of Iran; or
(B) any other legal entity that is organized under
the laws of Iran.
SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE UNITED ARAB
EMIRATES.
(a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding
any other provision of law or any international agreement, no agreement
for cooperation between the United States of America and the United
Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) may enter into force on or after the date of the
enactment of this Act unless not less than 30 legislative days prior to
such entry into force the President certifies to the appropriate
congressional committees that the requirements of subsection (c) have
been met.
(b) Restriction on Exports of Nuclear Material, Equipment, or
Technology.--No license may be issued for the export of nuclear
material, equipment, or technology to the United Arab Emirates pursuant
to an agreement for cooperation between the United States of America
and the United Arab Emirates pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after
the date of the enactment of this Act unless not less than 30
legislative days prior to the issuance of such license the President
certifies to the appropriate congressional committees for such fiscal
year that the requirements of subsection (c) have been met.
(c) Requirements.--The requirements referred to in this subsection
are the following:
(1) The Government of the United Arab Emirates has taken,
and is continuing to take, effective actions to prohibit,
terminate, and prevent the transfer of goods, services, or
technology to the Government of Iran, including fully
implementing United Nations Security Council sanctions against
Iran.
(2) For the preceding 12-month period--
(A) there has been no cooperation with respect to
any activity described in paragraph (1) between the
Government of the United Arab Emirates and the
Government of Iran, any national of Iran, or any
Iranian-controlled entity based on all credible
information available to the United States at the time
of the certification;
(B)(i) there has been no cooperation with respect
to any activity described in paragraph (1) between any
national of the United Arab Emirates and the Government
of Iran, any national of Iran, or any Iranian-
controlled entity based on all credible information
available to the United States at the time of the
certification; or
(ii) the Government of the United Arab Emirates
has--
(I) terminated all cooperation between any
such United Arab Emirates national and the
Government of Iran, any such Iranian national,
or any such Iranian-controlled entity;
(II) instituted effective measures to
prevent a reoccurrence of any such cooperation;
and
(III) prosecuted any such United Arab
Emirates national; and
(C) the Government of the United Arab Emirates has
not engaged in or condoned activities that violate--
(i) the Iran Sanctions Act of 1996,
including Executive Orders 12957, 12959, 13059
and other executive orders issued pursuant to
such Act;
(ii) the Iran, North Korea, and Syria
Nonproliferation Act; and
(iii) other provisions of applicable United
States law.
(3) The Government of the United Arab Emirates--
(A) has developed and fully implemented an export
control regime in accordance with international
standards;
(B) has developed and implemented the appropriate
or necessary legislative and functional actions to
target the logistical and financial networks that
support terrorist organizations; and
(C) has cooperated with the United States in
identifying, preventing, disrupting and, where
appropriate, prosecuting entities and individuals that
assist Iran's procurement of goods, services, or
technology, and entities affiliated with the Iranian
Revolutionary Guard Corps.
(d) Goods, Services, or Technology Defined.--
(1) In general.--Except as provided in paragraph (2), in
this section, the term ``goods, services, or technology''
means--
(A) goods, services, or technology listed on--
(i)(I) the Nuclear Suppliers Group
Guidelines for the Export of Nuclear Material,
Equipment and Technology (published by the
International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev. 8/Part 1,
and subsequent revisions) and Guidelines for
Transfers of Nuclear-Related Dual-Use
Equipment, Material, and Related Technology
(published by the International Atomic Energy
Agency as Information Circular INFCIRC/254/Rev.
7/Part 2, and subsequent revisions);
(II) the Missile Technology Control Regime
Equipment and Technology Annex of June 11,
1996, and subsequent revisions;
(III) the lists of items and substances
relating to biological and chemical weapons the
export of which is controlled by the Australia
Group;
(IV) the Schedule One or Schedule Two list
of toxic chemicals and precursors the export of
which is controlled pursuant to the Convention
on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction;
(V) the Wassenaar Arrangement list of Dual
Use Goods and Technologies and Munitions list
of July 12, 1996, and subsequent revisions;
(VI) the United States Munitions List under
section 38 of the Arms Export Control Act (22
U.S.C. 2778) for which special export controls
are warranted under such Act (22 U.S.C. 2751 3
et seq.); or
(VII) the Commerce Control List maintained
under part 774 of title 15, Code of Federal
Regulations; or
(B) goods, services, or technology not listed on
any list identified in subparagraph (A) but which
nevertheless would be, if they were United States
goods, services, or technology, prohibited for export
to Iran because of their potential to make a material
contribution to the development of nuclear, biological,
or chemical weapons, or of ballistic or cruise missile
systems.
(2) Exclusion.--The term ``goods, services, or technology''
does not include goods, services, or technology that are
directly related to the operation of the Bushehr nuclear power
reactor. | Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2009 - Prohibits any agreement for cooperation to enter into force or any license to be issued for the export of nuclear material, equipment, or technology between the United States and the United Arab Emirates (UAE) pursuant to the Atomic Energy Act of 1954 unless the President certifies to the appropriate congressional committees that the government of the UAE has: (1) taken actions to prohibit the transfer of goods, services, or technology to the government of Iran, including fully implementing U.N. Security Council sanctions against Iran; (2) implemented an export control regime in accordance with international standards and has implemented legislative and functional actions to target the logistical and financial networks that support terrorist organizations; (3) terminated all related cooperation between any UAE national and the government of Iran, any Iranian national, or any Iranian-controlled entity, and has prosecuted any such UAE national, and (4) not engaged in or condoned activities that violate the Iran Sanctions Act of 1996, the Iran, North Korea, and Syria Nonproliferation Act, and other applicable U.S. law. | {"src": "billsum_train", "title": "To restrict nuclear cooperation with the United Arab Emirates, and for other purposes."} | 1,815 | 238 | 0.57495 | 1.525554 | 0.704188 | 4.462264 | 7.966981 | 0.962264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Child Protection and Deferred
Enforced Departure Family Unity Act of 2000''.
SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS
PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN
12 YEARS OF AGE.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (6)(A), (7)(A), and (9) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) at the time of application has not attained the age of
12 years;
(2) is physically present in the United States; and
(3) has no living legally-recognized parent.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.
SEC. 2. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL
PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS
THAN 18 YEARS OF AGE.
(a) Deferred Enforced Departure.--
(1) In general.--Notwithstanding the Immigration and
Nationality Act, the removal or enforced departure any alien
described in subsection (b) shall be deferred by the Attorney
General during any period in which the alien is the natural and legal
parent of a child born in the United States who has not attained the
age of 18 years, if the alien applies for such deferral.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
deferral of enforced departure under paragraph (1). Such an
alien may not be required, as a condition on submitting or
granting such application, to file a motion to reopen,
reconsider, or vacate such order. If the Attorney General
grants the application, the Attorney General shall cancel the
order. If the Attorney General renders a final administrative
decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(b) Aliens Eligible for Deferred Enforced Departure.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is physically present in the United States; and
(2) is the natural and legal parent of a child born in the
United States who has not attained the age of 18 years.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for deferred enforced departure under
subsection (a) the same right to, and procedures for, administrative
review as are provided to aliens subject to removal proceedings under
section 240 of such Act.
(e) Work Authorization.--
(1) During application process.--The Attorney General may
authorize an alien who has applied for deferred enforced
departure under subsection (a) to engage in employment in the
United States during the pendency of such application and may
provide the alien with an ``employment authorized'' endorsement
or other appropriate document signifying authorization of
employment, except that if such application is pending for a
period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
(2) During deferred enforced departure period.--The
Attorney General shall authorize an alien who is granted
deferred enforced departure under subsection (a) to engage in
employment in the United States during any period in which
deferred enforced departure applies.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted deferred enforced departure status under this
section shall not preclude the alien from seeking immigration status
under any other provision of law for which the alien may be eligible. | Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is the natural and legal parent of a U.S.-born child under 18 years old. | {"src": "billsum_train", "title": "Alien Child Protection and Deferred Enforced Departure Family Unity Act of 2000"} | 1,877 | 44 | 0.469504 | 1.07727 | 0.423337 | 3.125 | 53.75 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Ownership of Public
Lands Act''.
SEC. 2. PRODUCTION INCENTIVE FEE.
(a) Establishment.--The Secretary of the Interior shall, within 180
days after the date of enactment of this Act, issue regulations to
establish an annual production incentive fee with respect to Federal
onshore and offshore lands that are subject to a lease for production
of oil or natural gas under which production is not occurring. Such fee
shall apply with respect to lands that are subject to such a lease that
is in effect on the date final regulations are promulgated under this
subsection or that is issued thereafter.
(b) Amount.--The amount of the fee shall be, for each acre of land
from which oil or natural gas is produced for less than 90 days in a
calendar year--
(1) for each of the first 3 years of the lease, $5 per acre
in 2008 dollars;
(2) for the fourth year of the lease, $25 per acre in 2008
dollars; and
(3) for the fifth year of the lease and each year
thereafter for which the lease is otherwise in effect, $50 per
acre in 2008 dollars.
(c) Assessment and Collection.--The Secretary shall assess and
collect the fee established under this section.
(d) Regulations.--The Secretary of the Interior may issue
regulations to prevent evasion of the fee under this section.
SEC. 3. ENERGY EFFICIENCY AND RENEWABLE ENERGY FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States a separate account which shall be known as the
``Energy Efficiency and Renewable Energy Fund'' (in this section
referred to as the ``Fund''). There shall be deposited into the Fund
amounts received by the United States in the form of fees under this
Act.
(b) Use.--Amounts in the Fund shall be available, subject to
appropriations, as follows each fiscal year:
(1) Wind energy research and development.--$65,000,000 for
necessary expenses for a program to support the development of
next-generation wind turbines, including turbines capable of
operating in areas with low wind speeds, as authorized in
section 931(a)(2)(B) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(B)).
(2) Solar energy research and development.--$100,000,000
for necessary expenses for a program to accelerate the
research, development, demonstration, and deployment of solar
energy technologies, and public education and outreach
materials pursuant to such program, as authorized by section
931(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C.
16231(a)(2)(A)).
(3) Low income weatherization.--The Secretary of the
treasury shall transfer $200,000,000 to the account
``Weatherization Assistance Program'', for a program to
weatherize low income housing, as authorized by section 411 of
the Energy Independence and Security Act of 2007 (Public Law
110-140).
(4) Building and lighting energy efficiency research and
development.--$70,000,000 for necessary expenses for a program
to accelerate the research, development, demonstration, and
deployment of new technologies to improve the energy efficiency
of and reduce greenhouse gas emissions from buildings, as
authorized in section 321(g) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 6295 note), section 422 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17082),
and section 912 of the Energy Policy Act of 2005 (42 U.S.C.
16192).
(5) Energy storage for transportation and electric power.--
(A) $30,000,000 for necessary expenses for a
program to accelerate basic research on energy storage
systems to support electric drive vehicles, stationary
applications, and electricity transmission and
distribution, as authorized by section 641(p)(1) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17231(p)(1)).
(B) $70,000,000 including--
(i) $30,000,000 for a program to accelerate
applied research on energy storage systems to
support electric drive vehicles, stationary
applications, and electricity transmission and
distribution as authorized by section 641(p)(2)
of the Energy Independence and Security Act of
2007 (42 U.S.C. 17231(p)(2));
(ii) $20,000,000 for energy storage systems
demonstrations as authorized by section
641(p)(4) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231(p)(4));
and
(iii) $20,000,000 for vehicle energy
storage systems demonstrations as authorized by
section 641(p)(5) of the Energy Independence
and Security Act of 2007 (42 U.S.C.
17231(p)(5)).
(6) Advanced vehicles research, development, and
demonstration.--$40,000,000 for necessary expenses for
research, development, and demonstration on advanced, cost-
effective technologies to improve the energy efficiency and
environmental performance of vehicles, as authorized in section
911(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C.
16191(a)(2)(A)).
(7) Audits, investigation, and environmental mitigation.--
$50,000,000 for audits, investigation, and environmental
mitigation for oil and gas by the Department of Interior.
(8) Low-income home energy assistance program.--The
remainder for use for the Low-Income Home Energy Assistance
Program. | Responsible Ownership of Public Land Act - Directs the Secretary of the Interior to establish an annual production incentive fee for federal onshore and offshore lands subject to a lease for production of oil or natural gas under which production is not occurring.
Prescribes the fee amount for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year.
Establishes the Energy Efficiency and Renewable Energy Fund to serve as depository for fees received under this Act.
Enumerates energy programs to be funded with such fees, including: (1) low-income home energy assistance; (2) advanced vehicles research, development, and demonstration; (3) new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings; (4) energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution; (5) next-generation wind turbines; (6) weatherization assistance low income housing; and (7) wind and solar energy research and development. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to establish an annual production incentive fee with respect to Federal onshore and offshore lands that are subject to a lease for production of oil or natural gas under which production is not occurring, to authorize use of amounts received as such fee for energy efficiency and renewable energy projects, and for other purposes."} | 1,219 | 203 | 0.587781 | 1.593414 | 0.866303 | 5.081218 | 5.304569 | 0.959391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Fund Improvement Act''.
SEC. 2. FAIR FUND IMPROVEMENTS.
(a) Amendment.--Subsection (a) of section 308 of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7246(a)) is amended to read as follows:
``(a) Civil Penalties To Be Used for the Relief of Victims.--If in
any judicial or administrative action brought by the Commission under
the securities laws (as such term is defined in section 3(a)(47) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), the Commission
obtains a civil penalty against any person for a violation of such
laws, the amount of such civil penalty shall, on the motion or at the
direction of the Commission, be added to and become part of a
disgorgement fund or other fund established for the benefit of the
victims of such violation.''.
(b) Conforming Amendments.--
(1) Section 308(b) of such Act is amended--
(A) by striking ``for a disgorgement fund described
in subsection (a)'' and inserting ``for a disgorgement
fund or other fund described in subsection (a)''; and
(B) by striking ``in the disgorgement fund'' and
inserting ``in such fund''.
(2) Section 308 of such Act is further amended by striking
subsection (e).
SEC. 3. AUTHORITY TO CONTRACT WITH PRIVATE COUNSEL FOR LEGAL SERVICES
TO COLLECT DELINQUENT JUDGMENTS AND ORDERS.
Subsection (b) of section 4 of the Securities Exchange Act of 1934
(15 U.S.C. 78d(b)) is amended--
(1) in the subsection heading by striking ``and Leasing
Authority'' and inserting ``, Leasing Authority, and
Contracting Authority''; and
(2) by adding at the end of such subsection the following
new paragraph:
``(4) Contracting authority.--
``(A) In general.--Notwithstanding any other
provision of law, the Commission is authorized to enter
into contracts to retain private legal counsel to
furnish legal services, including representation in
litigation, negotiation, compromise, and settlement, in
the case of any claim of indebtedness resulting from
any judgment or order (either by litigation or
settlement) obtained by the Commission in any judicial
action or administrative proceeding brought by or on
behalf of the Commission. Private counsel retained
under this paragraph may represent the Commission in
such debt collection matters to the same extent as the
Commission may represent itself.
``(B) Terms and conditions of contract.--Each such
contract shall include such terms and conditions as the
Commission considers necessary and appropriate, and
shall include provisions specifying--
``(i) the amount of the fee to be paid to
the private counsel under such contract or the
method for calculating that fee;
``(ii) that the Commission retains the
authority to represent itself, resolve a
dispute, compromise a claim, end collection
efforts, and refer a matter to other private
counsel or to the Attorney General; and
``(iii) that the Commission may terminate
either the contract or the private counsel's
representation of the Commission in particular
cases for any reason, including for the
convenience of the Commission.
``(C) Payment of fees.--Notwithstanding section
3302(b) of title 31, United States Code, a contract
under this paragraph may provide that fees and costs
incurred by private counsel under such contracts are
payable from the amounts recovered.
``(D) Competition requirements.--Nothing in this
paragraph shall relieve the Commission of the
competition requirements set forth in title III of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.).
``(E) Counterclaims.--In any action to recover
indebtedness which is brought on behalf of the
Commission by private counsel retained under this
paragraph, no counterclaim may be asserted against the
Commission unless the counterclaim is served directly
on the Commission. Such service shall be made in
accordance with the rules of procedure of the court in
which the action is brought.''. | Fair Fund Improvement Act - Amends the Sarbanes-Oxley Act of 2002 to revise the requirement that, if the Securities Exchange Commission (SEC) obtains an order requiring disgorgement for a violation, and also obtains a civil penalty, such penalty shall, at SEC motion or discretion, be added to the disgorgement fund for the benefit of victims. Repeals the initial requirement for a disgorgement order. Declares that, if the SEC obtains a civil penalty for violation of securities laws, the penalty shall, upon SEC motion, be added to and become part of a disgorgement or other fund established for the benefit of the victims of such violation.
Authorizes the SEC to enter into contracts to retain private legal counsel to collect delinquent judgments and orders. | {"src": "billsum_train", "title": "To make all civil penalties collected by the Securities and Exchange Commission in securities law enforcement actions available for the benefit of victims of securities law violations, and for other purposes."} | 956 | 184 | 0.627968 | 1.881746 | 0.81027 | 3.560284 | 5.985816 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hepatitis C Epidemic Control and
Prevention Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Over 3,000,000 individuals in the United States are
chronically infected with the hepatitis C virus (referred to in
this section as ``HCV''), making it the Nation's most common
blood borne virus infection.
(2) Nearly 2 percent of the population of the United States
have been infected with HCV.
(3) Conservative estimates indicate that approximately
35,000 Americans are newly infected with HCV each year.
(4) HCV infection can cause life-threatening liver disease.
(5) Individuals infected with HCV serve as a source of
transmission to others and, since few individuals are aware
they are infected, are unlikely to take precautions to prevent
the spread or exacerbation of their infection.
(6) There is no vaccine available to prevent HCV infection.
(7) Treatments are available to slow the progression of
chronic hepatitis C.
(8) An estimated 2,400,000 to 2,700,000 people who are
chronically infected with hepatitis C are receiving no
treatment.
(9) Conservative estimates place the costs of lost
productivity and medical care arising from chronic hepatitis C
in the United States at more than $600,000,000 annually and
such costs will undoubtedly increase in the absence of expanded
prevention and treatment efforts.
(10) To combat the HCV epidemic in the United States, the
Centers for Disease Control and Prevention developed
Recommendations for Prevention and Control of Hepatitis C Virus
(HCV) Infection and HCV-Related Chronic Disease in 1998 and the
National Hepatitis C Prevention Strategy in 2001, and the
National Institutes of Health convened Consensus Development
Conferences on the Management of Hepatitis C in 1997 and 2002.
These recommendations and guidelines provide a framework for
hepatitis C prevention, control, research, and medical
management referral programs.
(11) Federal support is necessary to increase knowledge and
awareness of hepatitis C and to assist State and local
prevention and control efforts.
SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART R--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C
``SEC. 399AA. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL
MANAGEMENT OF HEPATITIS C.
``(a) In General.--The Secretary shall develop and implement a plan
for the prevention, control, and medical management of hepatitis C
which includes strategies for education and training, surveillance and
early detection, and research.
``(b) Input in Development of Plan.--In developing the plan under
subsection (a), the Secretary shall--
``(1) be guided by existing recommendations of the Centers
for Disease Control and Prevention and the National Institutes
of Health; and
``(2) consult with--
``(A) the Director of the Centers for Disease
Control and Prevention;
``(B) the Director of the National Institutes of
Health;
``(C) the Director of the Health Resources and
Services Administration;
``(D) the heads of other Federal agencies or
offices providing services to individuals with
hepatitis C virus (referred to in this part as `HCV')
infections or the functions of which otherwise involve
hepatitis C;
``(E) medical advisory bodies that address issues
related to HCV; and
``(F) the public, including--
``(i) individuals infected with the HCV;
and
``(ii) advocates concerned with issues
related to HCV.
``(c) Biennial Update of Plan.--
``(1) In general.--The Secretary shall conduct a biennial
assessment of the plan developed under subsection (a) for the
purpose of incorporating into such plan new knowledge or
observations relating to HCV and chronic HCV (such as knowledge
and observations that may be derived from clinical, laboratory,
and epidemiological research and disease detection, prevention,
and surveillance outcomes) and addressing gaps in the coverage
or effectiveness of the plan.
``(2) Publication of notice of assessments.--Not later than
October 1 of the first even numbered year beginning after the
date of enactment of this part, and October 1 of each even
numbered year thereafter, the Secretary shall publish in the
Federal Register a notice of the results of the assessments
conducted under paragraph (1). Such notice shall include--
``(A) a description of any revisions to the plan
developed under subsection (a) as a result of the
assessment;
``(B) an explanation of the basis for any such
revisions, including the ways in which such revisions
can reasonably be expected to further promote the
original goals and objectives of the plan; and
``(C) in the case of a determination by the
Secretary that the plan does not need revision, an
explanation of the basis for such determination.
``SEC. 399BB. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL,
AND MEDICAL MANAGEMENT OF HEPATITIS C.
``(a) Education and Training.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
implement programs to increase awareness and enhance knowledge and
understanding of hepatitis C. Such programs shall include--
``(1) the conduct of health education, public awareness
campaigns, and community outreach activities to promote public
awareness and knowledge about risk factors, the transmission
and prevention of infection with HCV, the value of screening
for the early detection of HCV infection, and options available
for the treatment of chronic hepatitis C;
``(2) the training of health care professionals regarding
the prevention, detection, and medical management of hepatitis
B and hepatitis C, and the importance of vaccinating HCV-
infected individuals and those at risk for HCV infection
against the hepatitis A virus and hepatitis B virus (referred
to in this part as `HBV'); and
``(3) the development and distribution of curricula
(including information relating to the special needs of
individuals infected with HBV or HCV, such as the importance of
early intervention and treatment and the recognition of
psychosocial needs) for individuals providing hepatitis
counseling, as well as support for the implementation of such
curricula by State and local public health agencies.
``(b) Early Detection and Surveillance.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall support activities described in paragraph (2) to promote
the early detection of HCV infection, identify risk factors for
infection, and conduct surveillance of HCV infection trends.
``(2) Activities.--
``(A) Voluntary testing programs.--
``(i) In general.--The Secretary shall
support and promote the development of State,
local, and tribal voluntary hepatitis C testing
programs to aid in the early identification of
infected individuals.
``(ii) Confidentiality of test results.--
The results of a hepatitis C test conducted by
a testing program developed or supported under
this subparagraph shall be considered protected
health information (in a manner consistent with
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-
2 note)) and may not be used for any of the following:
``(I) Issues relating to health
insurance.
``(II) To screen or determine
suitability for employment.
``(III) To discharge a person from
employment.
``(B) Counseling regarding viral hepatitis.--The
Secretary shall support State, local, and tribal
programs in a wide variety of settings, including those
providing primary and specialty health care services in
the private and the public sectors, to--
``(i) provide individuals with information
about ongoing risk factors for hepatitis C
virus infection with client-centered education
and counseling which concentrates on changing
behaviors that place them at risk for
infection; and
``(ii) provide individuals infected with
hepatitis C virus with education and counseling
to reduce the risk of harm to themselves and
transmission of the virus to others.
``(C) Vaccination against viral hepatitis.--With
respect to individuals infected, or at risk for
infection, with HCV, the Secretary shall provide for--
``(i) the vaccination of such individuals
against hepatitis A virus, HBV, and other
infectious diseases, as appropriate, for which
such individuals may be at increased risk; and
``(ii) the counseling of such individuals
regarding hepatitis A, hepatitis B, and other
viral hepatides.
``(D) Medical referral.--The Secretary shall
support--
``(i) referral of persons infected with or
at risk for HCV, for drug or alcohol abuse
treatment where appropriate; and
``(ii) referral of persons infected with
HCV--
``(I) for medical evaluation to
determine their stage of chronic
hepatitis C and suitability for
antiviral treatment; and
``(II) for ongoing medical
management of hepatitis C.
``(3) Hepatitis c coordinators.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall, upon request, provide a Hepatitis C
Coordinator to a State health department in order to enhance
the additional management, networking, and technical expertise
needed to ensure successful integration of hepatitis C
prevention and control activities into existing public health
programs.
``(c) Surveillance and Epidemiology.--
``(1) In general.--The Secretary shall promote and support
the establishment and maintenance of State HCV surveillance
databases, in order to--
``(A) identify risk factors for HCV infection;
``(B) identify trends in the incidence of acute and
chronic HCV;
``(C) identify trends in the prevalence of HCV
infection among groups that may be disproportionately
affected by hepatitis C, including individuals living
with HIV, military veterans, emergency first
responders, racial or ethnic minorities, and
individuals who engage in high risk behaviors, such as
intravenous drug use; and
``(D) assess and improve HCV infection prevention
programs.
``(2) Seroprevalence studies.--The Secretary shall conduct
a population-based seroprevalence study to estimate the current
and future impact of hepatitis C. Such studies shall consider
the economic and clinical impacts of hepatitis C, as well as
the impact of hepatitis C on quality of life.
``(3) Confidentiality.--Information contained in the
databases under paragraph (1) or derived through studies under
paragraph (2) shall be de-identified in a manner consistent
with regulations under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996.
``(d) Research Network.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention and the Director of
the National Institutes of Health, shall--
``(1) conduct epidemiologic research to identify best
practices for HCV prevention;
``(2) establish and support a Hepatitis C Clinical Research
Network for the purpose of conducting research related to the
treatment and medical management of hepatitis C; and
``(3) conduct basic research to identify new approaches to
prevention (such as vaccines) and treatment for HCV.
``(e) Referral for Medical Management of Chronic Hepatitis C.--The
Secretary shall support and promote State, local, and tribal programs
to provide HCV-positive individuals with referral for medical
evaluation and management, including currently recommended antiviral
therapy when appropriate.
``(f) Underserved and Disproportionately Affected Populations.--In
carrying out this section, the Secretary shall provide expanded support
for individuals with limited access to health education, testing, and
health care services and groups that may be disproportionately affected
by hepatitis C.
``(g) Evaluation of Program.--The Secretary shall develop
benchmarks for evaluating the effectiveness of the programs and
activities conducted under this section and make determinations as to
whether such benchmarks have been achieved.
``SEC. 399CC. GRANTS.
``(a) In General.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, States, political
subdivisions of States, Indian tribes, or non-profit entities that have
special expertise relating to HCV, to carry out activities under this
part.
``(b) Application.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), 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.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$90,000,000 for fiscal year 2004, and such sums as may be necessary for
each of fiscal years 2005 through 2008.''.
SEC. 4. LIVER DISEASE RESEARCH ADVISORY BOARD.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end the following:
``SEC. 409J. LIVER DISEASE RESEARCH ADVISORY BOARD.
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Director of the National Institutes of
Health shall establish a board to be known as the Liver Disease
Research Advisory Board (referred to in this section as the `Advisory
Board').
``(b) Duties.--The Advisory Board shall advise and assist the
Director of the Centers for Disease Control and Prevention concerning
matters relating to liver disease research, including by developing and
revising the Liver Disease Research Action Plan.
``(c) Voting Members.--The Advisory Board shall be composed of 18
voting members to be appointed by the Director of the National
Institutes of Health, in consultation with the Director of the
Institute of Allergy and Infectious Diseases, of whom 12 such
individuals shall be eminent scientists and 6 such individuals shall be
lay persons. The Director of the National Institutes of Health, in
consultation with the Director of the Institute, shall select 1 of the
members to serve as the Chair of the Advisory Board.
``(d) Ex Officio Members.--The Director of the National Institutes
of Health shall appoint each director of a national research institute
that funds liver disease research to serve as a nonvoting, ex officio
member of the Advisory Board. The Director of the National Institutes
of Health shall invite 1 representative of the Centers for Disease
Control and Prevention, 1 representative of the Food and Drug
Administration, and 1 representative of the Department of Veterans
Affairs to serve as such a member. Each ex officio member of the
Advisory Board may appoint an individual to serve as that member's
representative on the Advisory Board.
``(e) Liver Disease Research Action Plan.--
``(1) Development.--Not later than 15 months after the date
of the enactment of this section, the Advisory Board shall
develop (with appropriate support from the Director and staff
of the Center) a comprehensive plan for the conduct and support
of liver disease research to be known as the Liver Disease
Research Action Plan. The Advisory Board shall submit the Plan
to the Director of NIH and the head of each institute or center
within the National Institutes of Health that funds liver
disease research.
``(2) Content.--The Liver Disease Research Action Plan
shall identify scientific opportunities and priorities of liver
disease research necessary to increase understanding of and to
prevent, cure, and develop better treatment protocols for liver
diseases.
``(3) Revision.--The Advisory Board shall revise every 3
years the Liver Disease Research Action Plan, but shall meet
annually to review progress and to amend the Plan as may be
appropriate because of new scientific discoveries.''. | Hepatitis C Epidemic Control and Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV), which shall include strategies for education and training, surveillance and early detection, and research. Requires the Secretary to conduct a biennial assessment of the plan.Directs the Secretary to support the development of voluntary State, local, and tribal HCV testing programs and counseling. Provides for the vaccination of individuals infected with HCV against hepatitis A and B and other infectious diseases.Directs the Secretary to support the establishment and maintenance of HCV surveillance databases and to establish and support a Hepatitis C Clinical Research Network.Allows the Secretary to award grants to States, political subdivisions of States, Indian tribes, or non-profit entities that have special expertise relating to HCV, to carry out activities under this Act.Directs the Director of the National Institutes of Health to establish a Liver Disease Research Advisory Board. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection."} | 3,691 | 241 | 0.590389 | 1.622977 | 0.653465 | 5.030769 | 16.723077 | 0.948718 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Hours after the attacks on Pearl Harbor, Hawaii,
Imperial Japanese forces launched an attack on the Philippines,
cutting off vital lines of communication to members of the
Armed Forces of the United States (referred to in this Act as
the ``Armed Forces'') and Filipino troops in the Far East under
the command of General Douglas MacArthur.
(2) On May 6, 1942, Corregidor fell after a weeklong siege
and its defenders were surrendered. On May 10, 1942, American
forces under the command of Major General William F. Sharp
surrendered after fighting the Japanese from April 29, 1942, to
May 9, 1942, on the island of Mindanao in the southernmost
portion of the Philippine Archipelago. It was on this date, May
10, 1942, that General Wainwright, as Supreme Allied Commander,
surrendered all Allied Forces in the Philippine Archipelago.
(3) Despite being cut off from supply lines and
reinforcements, members of the Armed Forces and Philippine
troops quickly executed a plan to delay the Japanese invasion
and defend the Philippines against that invasion.
(4) By April 1942, troops from the United States and the
Philippines had bravely and staunchly fought off enemy attacks
in Bataan for more than 4 months under strenuous conditions
that resulted in widespread starvation and disease.
(5) By maintaining their position and engaging the enemy
for as long as they did, the troops at Bataan were able to
change the momentum of the war, delaying the Japanese timetable
to take control of the Southeast Pacific for needed war
materials. Because of the heroic actions of the defenders of
Bataan, members of the Armed Forces and other Allied forces
throughout the Pacific had time to regroup and prepare for the
successful liberation of the Pacific and the Philippines.
(6) On April 9, 1942, Major General Edward King, whose
troops suffered from starvation and a lack of supplies,
surrendered the soldiers from the United States and the
Philippines into enemy hands.
(7) Over the next week, troops from the Armed Forces and
the Philippines were taken prisoner and forced to march 65
miles without any food, water, or medical care in what came to
be known as the ``Bataan Death March''.
(8) During this forced march, thousands of soldiers died,
either from starvation, lack of medical care, sheer exhaustion,
or abuse by their captors.
(9) Conditions at the prisoner of war camps were appalling,
leading to increased disease and malnutrition among the
prisoners.
(10) The prisoners at Camp O'Donnell died at a rate of
nearly 400 per day because of the poor conditions of the camp.
(11) On June 6, 1942, the prisoners at Camp O'Donnell were
transferred to Camp Cabanatuan, north of Camp O'Donnell.
(12) Nearly 26,000 of the 50,000 Filipino prisoners of war
died at Camp O'Donnell and survivors were gradually paroled
from September through December 1942.
(13) Between September of 1942 and December of 1944,
prisoners of war from the Armed Forces who had survived the
horrific death march were shipped north for forced labor aboard
``hell ships'' and succumbed in great numbers because of the
abysmal conditions. Many of those ships were mistakenly
targeted by Allied naval forces because the Japanese military
convoys were not properly labeled as carrying prisoners of war.
The sinking of the Arisan Maru alone claimed nearly 1,800 lives
of members of the Armed Forces.
(14) The campus of the University of Santo Tomas was
converted to the Santo Tomas Internment Camp by the Japanese
during their occupation of the Philippines. Santo Tomas became
the initial internment camp for both the army and navy nurses,
with the army and navy nurses remaining there until their
liberation.
(15) The prisoners who remained in the camps suffered from
continued mistreatment, malnutrition, lack of medical care, and
horrific conditions until they were liberated in 1945.
(16) The veterans of Bataan represented the best of the
United States and the Philippines, hailed from various locales
across both countries, and represented true diversity.
(17) Over the subsequent decades, the veterans of Bataan
formed support groups, were honored in local and State
memorials, and told their stories to all people of the United
States.
(18) The United States Navy has continued to honor the
history and stories of the veterans of Bataan by naming 2 ships
after the battle, including 1 ship that is still in service,
the USS Bataan (LHD-5), in memory of their valor and honorable
resistance against Imperial Japanese forces.
(19) Many of the survivors of Bataan have died and those
who remain continue to tell their stories.
(20) The people of the United States and the Philippines
are forever indebted to these men for--
(A) the courage and tenacity they demonstrated
during the first 4 months of World War II fighting
against enemy soldiers; and
(B) the perseverance they demonstrated during 3
years of capture, imprisonment, and atrocious
conditions, while maintaining dignity, honor,
patriotism, and loyalty.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the collective award, on behalf of Congress, of a
single gold medal of appropriate design to American military personnel
who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the
Philippine Archipelago between December 7, 1941, and May 10, 1942, and
who died or were imprisoned by the Japanese military in the
Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April
9, 1942, until September 2, 1945, in recognition of their personal
sacrifice and service to their country.
(b) Design and Striking.--For purposes of the award under
subsection (a), the Secretary of the Treasury (referred to in this Act
as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display at other locations,
particularly at locations that are associated with the American
military personnel described under subsection (a).
SEC. 3. DUPLICATE MEDALS.
(a) Striking of Duplicates.--Under such regulations as the
Secretary may prescribe, the Secretary may strike duplicates in bronze
of the gold medal struck under section 2.
(b) Selling of Duplicates.--The Secretary may sell such duplicates
under subsection (a) at a price sufficient to cover the costs of such
duplicates, including labor, materials, dies, use of machinery, and
overhead expenses.
(c) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under subsection (b) shall be deposited in the United
States Mint Public Enterprise Fund.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be charged against the United States Mint
Public Enterprise Fund, an amount not to exceed $30,000 to pay for the
cost of the medal authorized under section 2. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the collective award of a single Congressional Gold Medal to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. Following its award, the medal shall be given to the Smithsonian Institution where it shall be displayed and made available for research. The bill expresses the sense of the Congress that the Smithsonian Institution should make the medal available for display at other locations, particularly at locations associated with such American military personnel. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal, collectively, to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country."} | 1,752 | 200 | 0.442921 | 1.300405 | 0.532287 | 8.625731 | 9.368421 | 0.964912 |
SECTION 1. TEACHING CHILDREN TO SAVE LIVES.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended--
(1) by redesignating part L as part M; and
(2) by inserting after part K the following:
``PART L--TEACHING CHILDREN TO SAVE LIVES
``SEC. 10995A. SHORT TITLE.
``This part may be cited as the `Teaching Children To Save Lives
Act'.
``SEC. 10995B. FINDINGS.
``The Congress finds the following:
``(1) Teaching school children to perform the life-saving
skill of cardiopulmonary resuscitation (CPR), to identify and
respond to choking victims, and to recognize the signs of
stroke can improve their confidence in responding to an
emergency and can encourage continued efforts to update these
skills after graduation, thereby potentially reducing the rate
of death from sudden cardiac arrest, choking and stroke.
``(2) Heart disease is the leading cause of death in the
United States.
``(3) 220,000 Americans die each year of sudden cardiac
arrest.
``(4) The American Heart Association estimates that the
lives of 50,000 cardiac arrest victims could be saved each year
through initiating a course of action known as the `chain of
survival'.
``(5) The chain of survival includes prompt notification of
emergency services and early CPR, defibrillation, and advanced
cardiac life support.
``(6) An important part of United States school children's
education is learning healthy behaviors, including proper
nutrition and physical activity. This health education should
also include basic emergency life-saving skills.
``(7) Incorporating these lifesaving training programs into
the health curriculum of elementary and secondary schools will
give school children these skills.
``SEC. 10995C. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS.
``(a) In General.--The Secretary is authorized to award grants to
State agencies to enable the State agencies to award grants to local
agencies and targeted schools or school districts for cardiopulmonary
resuscitation (CPR) training in targeted localities. Such training
shall utilize nationally recognized training courses. Such grants in
conjunction with local efforts shall ensure that training sites have
the ability to start up, including funds for instructor training,
training in CPR instruction, purchase of printed informational or
instructional materials, manikins, automated external defibrillator
(AED) training devices, and other equipment.
``(b) Community Partnerships.--A State agency shall award grants
under this section in a manner that encourages and fosters new and
existing community partnerships with and among public and private
organizations (such as local educational agencies, nonprofit
organizations, public health organizations like the American Heart
Association and the American Red Cross, emergency medical service
providers, fire and police departments, and parent-teacher
associations) to aid in providing CPR training in targeted schools.
``(c) Award Basis.--In awarding grants under this section a State
agency shall take into consideration--
``(1) the need for and existence of CPR training programs
in targeted schools or communities served by targeted schools;
``(2) geographic barriers to coordinating CPR training
programs; and
``(3) options to maximize the use of funds provided under
this section.
``(d) AED Training Devices.--To be eligible to receive a grant
under this section for the purchase of an AED training device, a local
agency or targeted school shall demonstrate that such agency or school
is currently implementing a CPR training program.
``(e) Definitions.--In this section:
``(1) AED.--The term `AED' means automated external
defibrillator.
``(2) CPR.--The term `CPR' means cardiopulmonary
resuscitation.
``(3) Instructor.--The term `instructor' means a nurse,
principal, school counselor, teacher, or other qualified
individual who is certified by a nationally recognized program
to train individuals in CPR.
``(4) Targeted school.--The term `targeted school' means a
public elementary school or secondary school that includes
students in any of grades 6 through 12.
``(f) Regulations.--The Secretary may make rules to carry out this
Act.
``SEC. 10995D. REPORT.
``The Secretary shall prepare and submit to Congress a report
regarding the activities assisted under this Act.
``SEC. 10995E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part,
$30,000,000 for each of the fiscal years 2002, 2003, and 2004.''. | Teaching Children to Save Lives Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training in targeted localities. Requires such training to use nationally recognized training courses, and to be in public schools which include students in any of grades six through 12.Requires such grants to be used to: (1) ensure, in conjunction with local efforts, that training sites have the ability to start up; and (2) foster community partnerships among public and private organizations to help provide such training. | {"src": "billsum_train", "title": "To provide grants for cardiopulmonary resuscitation (CPR) training in public schools."} | 1,051 | 138 | 0.63265 | 1.904669 | 0.755223 | 4.089431 | 7.666667 | 0.918699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Protection Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Television is seen and heard in nearly every United
States home and is a uniquely pervasive presence in the daily
lives of Americans. The average American home has 2.5
televisions, and a television is turned on in the average
American home 7 hours every day.
(2) Television plays a particularly significant role in the
lives of children. Figures provided by Nielsen Research show
that children between the ages of 2 years and 11 years spend an
average of 21 hours in front of a television each week.
(3) Television has an enormous capability to influence
perceptions, especially those of children, of the values and
behaviors that are common and acceptable in society.
(4) The influence of television is so great that its images
and messages often can be harmful to the development of
children. Social science research amply documents a strong
correlation between the exposure of children to televised
violence and a number of behavioral and psychological problems.
(5) Hundreds of studies have proven conclusively that
children who are consistently exposed to violence on television
have a higher tendency to exhibit violent and aggressive
behavior, both as children and later in life.
(6) Such studies also show that repeated exposure to
violent programming causes children to become desensitized to
and more accepting of real-life violence and to grow more
fearful and less trusting of their surroundings.
(7) A growing body of social science research indicates
that sexual content on television can also have a significant
influence on the attitudes and behaviors of young viewers. This
research suggests that heavy exposure to programming with
strong sexual content contributes to the early commencement of
sexual activity among teenagers.
(8) Members of the National Association of Broadcasters
(NAB) adhered for many years to a comprehensive code of conduct
that was based on an understanding of the influence exerted by
television and on a widely held sense of responsibility for
using that influence carefully.
(9) This code of conduct, the Television Code of the
National Association of Broadcasters, articulated this sense of
responsibility as follows:
(A) ``In selecting program subjects and themes,
great care must be exercised to be sure that the
treatment and presentation are made in good faith and
not for the purpose of sensationalism or to shock or
exploit the audience or appeal to prurient interests or
morbid curiosity.''.
(B) ``Broadcasters have a special responsibility
toward children. Programs designed primarily for
children should take into account the range of
interests and needs of children, from instructional and
cultural material to a wide variety of entertainment
material. In their totality, programs should contribute
to the sound, balanced development of children to help
them achieve a sense of the world at large and informed
adjustments to their society.''.
(C) ``Violence, physical, or psychological, may
only be projected in responsibly handled contexts, not
used exploitatively. Programs involving violence
present the consequences of it to its victims and
perpetrators. Presentation of the details of violence
should avoid the excessive, the gratuitous and the
instructional.''.
(D) ``The presentation of marriage, family, and
similarly important human relationships, and material
with sexual connotations, shall not be treated
exploitatively or irresponsibly, but with sensitivity.''.
(E) ``Above and beyond the requirements of the law,
broadcasters must consider the family atmosphere in
which many of their programs are viewed. There shall be
no graphic portrayal of sexual acts by sight or sound.
The portrayal of implied sexual acts must be essential
to the plot and presented in a responsible and tasteful
manner.''.
(10) The National Association of Broadcasters abandoned the
code of conduct in 1983 after three provisions of the code
restricting the sale of advertising were challenged by the
Department of Justice on antitrust grounds and a Federal
district court issued a summary judgment against the National
Association of Broadcasters regarding one of the provisions on
those grounds. However, none of the programming standards of
the code were challenged.
(11) While the code of conduct was in effect, its
programming standards were never found to have violated any
antitrust law.
(12) Since the National Association of Broadcasters
abandoned the code of conduct, programming standards on
broadcast and cable television have deteriorated dramatically.
(13) In the absence of effective programming standards,
public concern about the impact of television on children, and
on society as a whole, has risen substantially. Polls routinely
show that more than 80 percent of Americans are worried by the
increasingly graphic nature of sex, violence, and vulgarity on
television and by the amount of programming that openly
sanctions or glorifies criminal, antisocial, and degrading
behavior.
(14) At the urging of Congress, the television industry has
taken some steps to respond to public concerns about
programming standards and content. The broadcast television
industry agreed in 1992 to adopt a set of voluntary guidelines
designed to ``proscribe gratuitous or excessive portrayals of
violence''. Shortly thereafter, both the broadcast and cable
television industries agreed to conduct independent studies of
the violent content in their programming and make those reports
public.
(15) In 1996, the television industry as a whole made a
commitment to develop a comprehensive rating system to label
programming that may be harmful or inappropriate for children.
That system was implemented at the beginning of 1999.
(16) Despite these efforts to respond to public concern
about the impact of television on children, millions of
Americans, especially parents with young children, remain angry
and frustrated at the sinking standards of television
programming, the reluctance of the industry to police itself,
and the harmful influence of television on the well-being of
the children and the values of the United States.
(17) The Department of Justice issued a ruling in 1993
indicating that additional efforts by the television industry
to develop and implement voluntary programming guidelines would
not violate the antitrust laws. The ruling states that ``such
activities may be likened to traditional standard setting
efforts that do not necessarily restrain competition and may
have significant procompetitive benefits . . . Such guidelines
could serve to disseminate valuable information on program
content to both advertisers and television viewers. Accurate
information can enhance the demand for, and increase the output
of, an industry's products or services.''.
(18) The Children's Television Act of 1990 (Public Law 101-
437) states that television broadcasters in the United States
have a clear obligation to meet the educational and
informational needs of children.
(19) Several independent analyses have demonstrated that
the television broadcasters in the United States have not
fulfilled their obligations under the Children's Television Act
of 1990 and have not noticeably expanded the amount of
educational and informational programming directed at young
viewers since the enactment of that Act.
(20) The popularity of video and personal computer (PC)
games is growing steadily among children. Although most popular
video and personal computer games are educational or harmless
in nature, many of the most popular are extremely violent. One
recent study by Strategic Record Research found that 64 percent
of teenagers played video or personal computer games on a
regular basis. Other surveys of children as young as elementary
school age found that almost half of them list violent computer
games among their favorites.
(21) Violent video games often present violence in a
glamorized light. Game players are often cast in the role of
shooter, with points scored for each ``kill''. Similarly,
advertising for such games often touts violent content as a
selling point--the more graphic and extreme, the better.
(22) As the popularity and graphic nature of such video
games grows, so do their potential to negatively influence
impressionable children.
(23) Music is another extremely pervasive and popular form
of entertainment. American children and teenagers listen to
music more than any other demographic group. The Journal of
American Medicine reported that between the 7th and 12th grades
the average teenager listens to 10,500 hours of rock or rap
music, just slightly less than the entire number of hours spent
in the classroom from kindergarten through high school.
(24) Teens are among the heaviest purchasers of music, and
are most likely to favor music genres that depict, and often
appear to glamorize violence.
(25) Music has a powerful ability to influence perceptions,
attitudes, and emotional state. The use of music as therapy
indicates its potential to increase emotional, psychological,
and physical health. That influence can be used for ill as
well.
SEC. 3. CONSTRUCTION.
This Act may not be construed as--
(1) providing the Federal Government with any authority to
restrict television programming, movies, video games, Internet
content, or music lyrics that is in addition to the authority
to restrict such programming, movies, games, content, or lyrics
under law as of the date of the enactment of this Act; or
(2) approving any action of the Federal Government to
restrict such programming, movies, games, content, or lyrics
that is in addition to any actions undertaken for that purpose
by the Federal Government under law as of such date.
SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN
ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST
LAWS.
(a) Exemption.--Subject to subsection (b), the antitrust laws shall
not apply to any joint discussion, consideration, review, action, or
agreement by or among persons in the entertainment industry for the
purpose of developing and disseminating voluntary guidelines designed--
(1) to alleviate the negative impact of telecast material,
movies, video games, Internet content, and music lyrics
containing violence, sexual content, criminal behavior, or
other subjects that the entertainment industry deems
appropriate for children; or
(2) to promote telecast material that is educational,
informational, or otherwise beneficial to the development of
children.
(b) Limitation.--The exemption provided in subsection (a) shall not
apply to any joint discussion, consideration, review, action, or
agreement which--
(1) results in a boycott of any person; or
(2) concerns the purchase or sale of advertising, including
(without limitation) restrictions on the number of products
that may be advertised in a commercial, the number of times a
program may be interrupted for commercials, and the number of
consecutive commercials permitted within each interruption.
(c) Definitions.--In this section:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the first section of the Clayton Act
(15 U.S.C. 12) and includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(2) Internet.--The term ``Internet'' means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
(3) Movies.--The term ``movies'' means theatrical motion
pictures.
(4) Person in the entertainment industry.--The term
``person in the entertainment industry'' means a television
network, any entity which produces or distributes television
programming (including theatrical motion pictures), the
National Cable Television Association, the Association of
Independent Television Stations, Incorporated, the National
Association of Broadcasters, the Motion Picture Association of
America, each of the affiliate organizations of the television
networks, the Interactive Digital Software Association, any
entity which produces or distributes video games, the Recording
Industry Association of America, and any entity which produces
or distributes music, and includes any individual acting on
behalf of such person.
(5) Telecast.--The term ``telecast'' means any program
broadcast by a television broadcast station or transmitted by a
cable television system.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Attorney General, in conjunction with the
Chairman of the Federal Trade Commission, shall submit to Congress a
report on--
(1) the extent to which the motion picture, recording, and
video game industry have developed or enforced guidelines,
procedures, or mechanisms to ensure compliance by persons and
entities described in subsection (c)(4) with ratings or
labeling systems which identify and limit dissemination of
sexual, violent, or other indecent material to children; and
(2) the extent to which Federal and State antitrust law
preclude those industries from developing and enforcing the
guidelines described in subsection (a). | Requires a report from the Attorney General to Congress on the extent to which: (1) the motion picture, recording, and television industry have developed or enforced guidelines to ensure compliance with ratings or labeling systems which identify and limit the dissemination of sexual, violent, or other indecent material to children; and (2) Federal and State antitrust laws preclude those industries from developing and enforcing such guidelines. | {"src": "billsum_train", "title": "Children's Protection Act of 2000"} | 2,688 | 88 | 0.37971 | 1.129553 | 0.780329 | 5.116883 | 33.987013 | 0.987013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Delivery for America Act of
2014''.
SEC. 2. DELIVERY-POINT MODERNIZATION.
(a) In General.--Subchapter VII of chapter 36 of title 39, United
States Code, is amended by adding at the end the following:
``Sec. 3692. Delivery-point modernization
``(a) Definitions.--For the purposes of this section--
``(1) the term `delivery point' means a mailbox or other
receptacle to which mail is delivered;
``(2) the term `primary mode of mail delivery' means the
typical method by which the Postal Service delivers letter mail
to the delivery point of a postal patron;
``(3) the term `door delivery' means a primary mode of mail
delivery whereby mail is placed into a slot or receptacle at or
near the postal patron's door or is hand delivered to a postal
patron, but does not include centralized, curbside, or sidewalk
delivery;
``(4) the term `centralized delivery' means a primary mode
of mail delivery whereby mail receptacles of a number of
delivery points are grouped or clustered at a single location;
``(5) the term `curbside delivery' means a primary mode of
mail delivery whereby a mail receptacle is situated at the edge
of a sidewalk abutting a road or curb, at a road, or at a curb,
and can be served by a letter carrier from a motorized vehicle;
and
``(6) the term `sidewalk delivery' means a primary mode of
mail delivery whereby a mail receptacle is situated at the edge
of a sidewalk and can be served by a letter carrier from the
sidewalk.
``(b) Policy.--It shall be the policy of the Postal Service--
``(1) to provide access to secure, convenient package
delivery receptacles to the greatest number of postal patrons
feasible; and
``(2) to use the most cost-effective primary mode of mail
delivery feasible for postal patrons.
``(c) Phaseout of Door Delivery.--
``(1) New addresses.--For new addresses established after
September 30, 2014, the Postal Service shall provide a primary
mode of mail delivery other than door delivery, with a
preference for secure, centralized delivery to the maximum
extent feasible.
``(2) Business address conversion.--Subject to paragraph
(4), the Postal Service shall implement a program to convert
existing business addresses with door delivery to centralized
delivery to the maximum extent feasible.
``(3) Residential address conversion.--
``(A) Identification.--Within 1 year after the date
of the enactment of this section, each Postal Service
district office shall identify residential addresses
within its service area that are appropriate candidates
for conversion from door delivery to centralized,
curbside, or sidewalk delivery, in accordance with
standards established by the Postal Service.
``(B) Voluntary conversion.--Subject to paragraph
(4), the Postal Service shall seek to voluntarily
convert the delivery points identified under
subparagraph (A) from door delivery to more cost-
effective primary modes of mail delivery.
``(C) Procedures.--In carrying out conversions
under subparagraph (B), the Postal Service shall
establish procedures--
``(i) to solicit, consider, and respond to
input from postal patrons, State and local
governments, local associations, and property
owners; and
``(ii) to place centralized delivery points
in locations that maximize delivery efficiency,
ease of use for postal patrons, and respect for
private property rights.
``(4) Considerations.--In making any determination to
convert the primary mode of mail delivery for an existing
address from door delivery to any other primary mode of mail
delivery, or to provide a primary mode of mail delivery to a
new address, the Postal Service shall consider--
``(A) the impact of weather conditions, physical
barriers, or any other factor that may impact the
feasibility of providing a primary mode of mail
delivery other than door delivery (such as a factor
that may significantly reduce the potential cost
savings associated with providing centralized or
curbside delivery);
``(B) whether the address is in a registered
historic district (as that term is defined in section
47(c)(3)(B) of the Internal Revenue Code of 1986), is
listed on the National Register of Historic Places, is
designated as a National Historic Landmark, or is of
historic value; and
``(C) population density and the concentration of
poverty.
``(5) Waiver for physical hardship.--The Postal Service
shall establish and maintain a waiver program under which, upon
application, door delivery may be continued, or provided, at no
cost to the applicant in any case in which--
``(A) centralized or curbside delivery would, but
for this paragraph, otherwise be the primary mode of
mail delivery; and
``(B) door delivery is necessary in order to avoid
causing significant physical hardship or physical
safety risks to a postal patron.
``(d) Delivery Modernization Requirement.--
``(1) Delivery-point conversions.--During each fiscal year
from fiscal year 2015 through fiscal year 2024, the Postal
Service shall convert not less than 1,500,000 of the door
delivery points extant on December 31, 2013, to centralized,
curbside, or sidewalk delivery.
``(2) Conversion type.--In carrying out paragraph (1), the
Postal Service shall, to the greatest extent feasible, convert
delivery points to centralized delivery and include secure
package lockers co-located with mail receptacles at the
centralized delivery point.
``(3) Conversion order.--In determining which delivery
points to convert under paragraph (1), the delivery point or
points of postal patrons who voluntarily agree to convert their
delivery point or points under subsection (c)(3) shall take
precedence over any other conversions to the greatest extent
practicable.
``(4) Procedures.--In carrying out conversions under
paragraph (1), the Postal Service shall establish procedures
to--
``(A) solicit, consider, and respond to input from
the general public, postal patrons, State and local
governments, local associations, and property owners
which shall include, but not be limited to--
``(i) a public community meeting prior to
the commencement of the conversion of a
community;
``(ii) prior to the completion of the
conversion of a community; and
``(iii) at any point in the process when
the District Manager makes a change to the
delivery method or the location of centralized
delivery points;
``(B) calculate and make publicly accessible the
cost or savings of the conversion to the Postal Service
as well as the average conversion cost or savings to
each postal patron and any cost or savings to the State
and local government; and
``(C) place centralized delivery points in
locations that maximize delivery efficiency, ease of
use for postal patrons, and respect for private
property rights.
``(5) Notification.--In carrying out conversions under
paragraph (1), the Postal Service shall provide written notice
at least 60 days in advance of the implementation date of a
change in primary mode of mail delivery to postal customers
served by an applicable delivery point.
``(6) Voucher program.--The Postal Service shall, in
accordance with such standards and procedures as the Postal
Service shall by regulation prescribe, provide for a voucher
program under which, upon application, the Postal Service may
defray all or any portion of the costs associated with
conversion from door delivery under this section which would
otherwise be borne by postal patrons.
``(7) Legacy door-delivery service.--
``(A) In general.--The Postal Service may continue
to provide, for a fee to be paid by the addressee, door
delivery to an address that received door delivery as
of January 1, 2014, but was converted or scheduled to
be converted to a different primary mode of mail
delivery as a result of the requirements of paragraph
(1), subject to succeeding provisions of this
paragraph.
``(B) Offset.--The fee described in subparagraph
(A) shall, when taken in the nationwide aggregate,
offset the additional cost to the Postal Service for
door delivery (compared to the cost of the primary mode
of mail delivery which would otherwise exist for such
address) as a result of the requirements of subsection
(d).
``(C) Requirements.--The fee shall be subject to
the requirements of section 3622(d)(1)(B) and the
Postmaster General may by regulation prescribe the
method of the fee's calculation.
``(D) Qualifications.--Postal patrons may only
qualify for the option of legacy door-delivery service
if--
``(i) the postal patron received mail at
the applicable address on the date on which--
``(I) the Postal Service provided
written notice of its intent to convert
a delivery point in compliance with
paragraph (5); or
``(II) the primary mode of mail
delivery was changed pursuant to the
requirements of paragraph (1);
``(ii) the postal patron registered and
paid the initial fee for such service not later
than 6 months after the date on which the
primary mode of mail delivery was changed for
the applicable address; and
``(iii) the provision of legacy door-
delivery service has been continuous at the
applicable address since its commencement.
``(8) Treatment of exemption.--Addresses receiving door
delivery or legacy door delivery as a result of subsection
(c)(5) or paragraph (7)--
``(A) shall be counted as addresses that receive
the primary mode of mail delivery which the address
would be subject to if not for the applicable
exemption; and
``(B) shall, within 60 days after ceasing to meet
the requirements of such subsection (c)(5) or paragraph
(7), as applicable, be converted to the primary mode of
mail delivery which was otherwise applicable.
``(9) Annual report.--Not later than 60 days after the end
of each of fiscal years 2015 through 2024, the Postal Service
shall submit to Congress and the Inspector General of the
Postal Service a report on the implementation of this section
during the most recently completed fiscal year. Each such
report shall include--
``(A) the number of residential and business
addresses that--
``(i) receive door delivery as of the end
of the fiscal year preceding the most recently
completed fiscal year;
``(ii) receive door delivery as of the end
of the most recently completed fiscal year; and
``(iii) during the most recently completed
fiscal year, were converted from door delivery
to--
``(I) centralized delivery points;
``(II) curbside delivery points;
and
``(III) any other primary mode of
mail delivery, respectively;
``(B) the estimated cost savings from the
conversions described in subparagraph (A)(iii);
``(C) a description of the progress made by the
Postal Service toward meeting the requirements of
subsection (c) and paragraph (1) of this subsection;
and
``(D) any other information which the Postal
Service considers appropriate.
``(10) Inspector general audit.--The Inspector General of
the Postal Service shall issue an annual audit report on the
implementation of the conversion requirement under paragraph
(1) not later than 90 days after the date on which the Postal
Service releases its annual report under paragraph (9). At a
minimum, the report under this paragraph shall contain--
``(A) an audit of the data contained in the Postal
Service's report under paragraph (9); and
``(B) an evaluation of the Postal Service's
implementation of the procedural requirements described
in paragraph (4).
``(e) Review.--Subchapters IV and V shall not apply with respect to
any action taken by the Postal Service under this section.''.
(b) Clerical Amendment.--The table of sections for chapter 36 of
title 39, United States Code, is amended by adding after the item
relating to section 3691 the following:
``3692. Delivery-point modernization.''.
(c) Updated Delivery Cost Data.--
(1) Study.--Not later than 180 days after the date of the
enactment of this Act, the Postal Service shall begin to
collect data on delivery mode costs and the potential savings
of converting to more cost-efficient primary modes of mail
delivery.
(2) Report.--Not later than October 1, 2015, the Postal
Service shall submit a report to the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate describing the findings of the study conducted under
paragraph (1). | Secure Delivery for America Act of 2014 - Declares that it is the policy of the United States Postal Service (USPS) to: (1) provide access to secure, convenient package delivery receptacles to the greatest number of postal patrons feasible; and (2) use the most cost-effective primary mode of mail delivery feasible. Directs USPS to: (1) provide a primary mode of mail delivery other than door delivery, with a preference for secure, centralized delivery, for new addresses established after September 30, 2014; and (2) implement a program to convert existing business addresses with door delivery to centralized delivery. Requires: (1) each USPS district office to identify residential addresses within its service area that are appropriate candidates for conversion to centralized, curbside, or sidewalk delivery; and (2) USPS to seek to voluntarily make such conversion. Requires the USPS, in making conversion determinations, to consider: (1) the impact of weather conditions, physical barriers, or any other factor on the feasibility of providing a primary mode of mail delivery other than door delivery; (2) whether the address is of historic value; and (3) population density and the concentration of poverty. Directs USPS to establish and maintain a waiver program for cases in which door delivery is necessary to avoid causing significant physical hardship or physical safety risks to a postal patron. Requires USPS to: (1) convert at least 1.5 million of the door delivery points extant on December 31, 2013, to centralized, curbside, or sidewalk delivery during each of FY2015-FY2024, with priority to voluntary conversions; (2) convert delivery points to centralized delivery to the greatest extent feasible and include secure package lockers co-located with mail receptacles at the centralized delivery point; (3) establish procedures to place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights; and (4) provide for a voucher program under which USPS may defray costs associated with conversion that would otherwise be borne by postal patrons. Authorizes USPS to continue to provide door delivery for a fee to an address that received such delivery as of January 1, 2014, but was converted or scheduled to be converted to a different primary mode of mail delivery as a result of this Act's requirements. | {"src": "billsum_train", "title": "Secure Delivery for America Act of 2014"} | 2,816 | 493 | 0.681057 | 2.137035 | 0.854339 | 4.789357 | 5.944568 | 0.940133 |
SECTION 1. AMENDMENT.
Chapter 23 of title 36, United States Code, is amended to read as
follows:
``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM
``Sec.2301.Establishment of the United States Holocaust Memorial Museum;
functions.
``Sec.2302.Functions of the Council; membership.
``Sec.2303.Compensation; travel expenses; full-time officers or
employees of United States or Members of Congress.
``Sec.2304.Administrative provisions.
``Sec.2305.Staff.
``Sec.2306.Insurance for museum.
``Sec.2307.Gifts, bequests, and devises of property; tax treatment.
``Sec.2308.Annual report.
``Sec.2309.Audit of financial transactions.
``Sec.2310.Authorization of appropriations.
``SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST MEMORIAL
MUSEUM; FUNCTIONS.
``The United States Holocaust Memorial Museum (hereafter in this
chapter referred to as the `Museum') is an independent establishment of
the United State Government. The Museum shall--
``(1) provide for appropriate ways for the Nation to
commemorate the Days of Remembrance, as an annual, national, civic
commemoration of the Holocaust, and encourage and sponsor
appropriate observances of such Days of Remembrance throughout the
United States;
``(2) operate and maintain a permanent living memorial museum
to the victims of the Holocaust, in cooperation with the Secretary
of the Interior and other Federal agencies as provided in section
2306 of this title; and
``(3) carry out the recommendations of the President's
Commission on the Holocaust in its report to the President of
September 27, 1979, to the extent such recommendations are not
otherwise provided for in this chapter.
``SEC. 2302. FUNCTIONS OF THE COUNCIL; MEMBERSHIP.
``(a) In General.--The United States Holocaust Memorial Council
(hereafter in this chapter referred to as the `Council') shall be the
board of trustees of the Museum and shall have overall governance
responsibility for the Museum, including policy guidance and strategic
direction, general oversight of Museum operations, and fiduciary
responsibility. The Council shall establish an Executive Committee
which shall exercise ongoing governance responsibility when the Council
is not in session.
``(b) Composition of Council; Appointment; Vacancies.--The Council
shall consist of 65 voting members appointed (except as otherwise
provided in this section) by the President and the following ex officio
nonvoting members:
``(1) One appointed by the Secretary of the Interior.
``(2) One appointed by the Secretary of State.
``(3) One appointed by the Secretary of Education.
Of the 65 voting members, five shall be appointed by the Speaker of the
United States House of Representatives from among Members of the United
States House of Representatives and five shall be appointed by the
President pro tempore of the United States Senate upon the
recommendation of the majority and minority leaders from among Members
of the United States Senate. Any vacancy in the Council shall be filled
in the same manner as the original appointment was made.
``(c) Term of Office.--
``(1) Except as otherwise provided in this subsection, Council
members shall serve for 5-year terms.
``(2) The terms of the five Members of the United States House
of Representatives and the five Members of the United States Senate
appointed during any term of Congress shall expire at the end of
such term of Congress.
``(3) Any member appointed to fill a vacancy occurring before
the expiration of the term for which his predecessor was appointed
shall be appointed only for the remainder of such term. A member,
other than a Member of Congress appointed by the Speaker of the
United States House of Representatives or the President pro tempore
of the United States Senate, may serve after the expiration of his
term until his successor has taken office.
``(d) Chairperson and Vice Chairperson; Term of Office.--The
Chairperson and Vice Chairperson of the Council shall be appointed by
the President from among the members of the Council and such
Chairperson and Vice Chairperson shall each serve for terms of 5 years.
``(e) Reappointment.--Members whose terms expire may be
reappointed, and the Chairperson and Vice Chairperson may be
reappointed to those offices.
``(f) Bylaws.--The Council shall adopt bylaws to carry out its
functions under this chapter. The Chairperson may waive a bylaw when
the Chairperson decides that waiver is in the best interest of the
Council. Immediately after waiving a bylaw, the Chairperson shall send
written notice of the waiver to every voting member of the Council. The
waiver becomes final 30 days after the notice is sent unless a majority
of Council members disagree in writing before the end of the 30-day
period.
``(g) Quorum.--One-third of the members of the Council shall
constitute a quorum, and any vacancy in the Council shall not affect
its powers to function.
``(h) Associated Committees.--Subject to appointment by the
Chairperson, an individual who is not a member of the Council may be
designated as a member of a committee associated with the Council. Such
an individual shall serve without cost to the Federal Government.
``SEC. 2303. COMPENSATION; TRAVEL EXPENSES; FULL-TIME OFFICERS OR
EMPLOYEES OF UNITED STATES OR MEMBERS OF CONGRESS.
``(a) In General.--Except as provided in subsection (b) of this
section, members of the Council are each authorized to be paid the
daily equivalent of the annual rate of basic pay in effect for
positions at level IV of the Executive Schedule under section 5315 of
title 5, for each day (including travel time) during which they are
engaged in the actual performance of duties of the Council. While away
from their homes or regular places of business in the performance of
services for the Council, members of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in Government service are
allowed expenses under section 5703 of title 5.
``(b) Exception.--Members of the Council who are full-time officers
or employees of the United States or Members of Congress shall receive
no additional pay by reason of their service on the Council.
``SEC. 2304. ADMINISTRATIVE PROVISIONS.
``(a) Experts and Consultants.--The Museum may obtain the services
of experts and consultants in accordance with the provisions of section
3109 of title 5, at rates not to exceed the daily equivalent of the
annual rate of basic pay in effect for positions at level IV of the
Executive Schedule under section 5315 of title 5.
``(b) Authority To Contract.--The Museum may, in accordance with
applicable law, enter into contracts and other arrangements with public
agencies and with private organizations and persons and may make such
payments as may be necessary to carry out its functions under this
chapter.
``(c) Assistance From Other Federal Departments and Agencies.--The
Secretary of the Smithsonian Institution, the Library of Congress, and
the heads of all executive branch departments, agencies, and
establishments of the United States may assist the Museum in the
performance of its functions under this chapter.
``(d) Administrative Services and Support.--The Secretary of the
Interior may provide administrative services and support to the Museum
on a reimbursable basis.
``SEC. 2305. STAFF.
``(a) Establishment of the Museum Director as Chief Executive
Officer.--There shall be a director of the Museum (hereafter in this
chapter referred to as the `Director') who shall serve as chief
executive officer of the Museum and exercise day-to-day authority for
the Museum. The Director shall be appointed by the Chairperson of the
Council, subject to confirmation of the Council. The Director may be
paid with nonappropriated funds, and, if paid with appropriated funds
shall be paid the rate of basic pay for positions at level IV of the
Executive Schedule under section 5315 of title 5. The Director shall
report to the Council and its Executive Committee through the
Chairperson. The Director shall serve at the pleasure of the Council.
``(b) Appointment of Employees.--The Director shall have authority
to--
``(1) appoint employees in the competitive service subject to
the provisions of chapter 51 and subchapter III of chapter 53 of
title 5, relating to classification and general schedule pay rates;
``(2) appoint and fix the compensation (at a rate not to exceed
the rate of basic pay in effect for positions at level IV of the
Executive Schedule under section 5315 of title 5) of up to three
employees notwithstanding any other provision of law; and
``(3) implement the decisions and strategic plan for the
Museum, as approved by the Council, and perform such other
functions as may be assigned from time-to-time by the Council, the
Executive Committee of the Council, or the Chairperson of the
Council, consistent with this legislation.
``SEC. 2306. INSURANCE FOR MUSEUM.
``The Museum shall maintain insurance on the memorial museum to
cover such risks, in such amount, and containing such terms and
conditions as the Museum deems necessary.
``SEC. 2307. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY; TAX TREATMENT.
``The Museum may solicit, and the Museum may accept, hold,
administer, invest, and use gifts, bequests, and devises of property,
both real and personal, and all revenues received or generated by the
Museum to aid or facilitate the operation and maintenance of the
memorial museum. Property may be accepted pursuant to this section, and
the property and the proceeds thereof used as nearly as possible in
accordance with the terms of the gift, bequest, or devise donating such
property. Funds donated to and accepted by the Museum pursuant to this
section or otherwise received or generated by the Museum are not to be
regarded as appropriated funds and are not subject to any requirements
or restrictions applicable to appropriated funds. For the purposes of
Federal income, estate, and gift taxes, property accepted under this
section shall be considered as a gift, bequest, or devise to the United
States.
``SEC. 2308. ANNUAL REPORT.
``The Director shall transmit to Congress an annual report on the
Director's stewardship of the authority to operate and maintain the
memorial museum. Such report shall include the following:
``(1) An accounting of all financial transactions involving
donated funds.
``(2) A description of the extent to which the objectives of
this chapter are being met.
``(3) An examination of future major endeavors, initiatives,
programs, or activities that the Museum proposes to undertake to
better fulfill the objectives of this chapter.
``(4) An examination of the Federal role in the funding of the
Museum and its activities, and any changes that may be warranted.
``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS.
``Financial transactions of the Museum, including those involving
donated funds, shall be audited by the Comptroller General as requested
by Congress, in accordance with generally accepted auditing standards.
In conducting any audit pursuant to this section, appropriate
representatives of the Comptroller General shall have access to all
books, accounts, financial records, reports, files and other papers,
items or property in use by the Museum, as necessary to facilitate such
audit, and such representatives shall be afforded full facilities for
verifying transactions with the balances.
``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS.
``To carry out the purposes of this chapter, there are authorized
to be appropriated such sums as may be necessary. Notwithstanding any
other provision of law, none of the funds authorized to carry out this
chapter may be made available for construction. Authority to enter into
contracts and to make payments under this chapter, using funds
authorized to be appropriated under this chapter, shall be effective
only to the extent, and in such amounts, as provided in advance in
appropriations Acts.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Continues the Council, but transfers some of its functions to the Museum.Directs the Chairperson of the Council to appoint a Museum Director who will be the Museum's chief executive officer and serve at the Council's pleasure. (Current law provides, instead, for appointment of an Executive Director of the Council.)Requires the Museum Director's annual report to Congress to include an examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted. | {"src": "billsum_train", "title": "To authorize appropriations for the United States Holocaust Memorial Museum, and for other purposes."} | 2,756 | 113 | 0.467454 | 1.304113 | 0.363526 | 4.478261 | 27.108696 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Organizational Camp
Fee Improvement Act of 2002''.
SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Organizational camps, such as those administered by the
Boy Scouts, Girl Scouts, and faith-based and community-based
organizations, provide a valuable service to young people,
individuals with a disability, and their families by promoting
physical, mental, and spiritual health through activities
conducted in a natural environment.
(2) The 192,000,0000 acres of national forests and
grasslands of the National Forest System managed for multiple
uses by the Forest Service provides an ideal setting for such
organizational camps.
(3) The Federal Government should charge land use fees for
the occupancy and use of National Forest System lands by such
organizational camps that, while based on the fair market value
of the land in use, also recognize the benefits provided to
society by such organizational camps, do not preclude the
ability of such organizational camps from utilizing these
lands, and permit capital investment in, and maintenance of,
camp facilities by such organizational camps or their
sponsoring organizations.
(4) Organizational camps should--
(A) ensure that their facilities meet applicable
building and safety codes, including fire and health
codes;
(B) have annual inspections as required by local
law, including at a minimum inspections for fire and
food safety; and
(C) have in place safety plans that address fire
and medical emergencies and encounters with wildlife.
(b) Purpose.--It is the purpose of this Act to establish a land use
fee system that provides for an equitable return to the Federal
Government for the occupancy and use of National Forest System lands by
organizational camps that serve young people or individuals with a
disability.
(c) Definitions.--In this Act:
(1) The term ``organizational camp'' means a public or
semipublic camp that--
(A) is developed on National Forest System lands by
a nonprofit organization or governmental entity;
(B) provides a valuable service to the public by
using such lands as a setting to introduce young people
or individuals with a disability to activities that
they may not otherwise experience and to educate them
on natural resource issues; and
(C) does not have as its primary purpose raising
revenue through commercial activities.
(2) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(3) The term ``individual with a disability'' has the
meaning given the term in section 7(20) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)).
(4) The term ``children at risk'' means children who are
raised in poverty or in single-parent homes or are subject to
such circumstances as parental drug abuse, homelessness, or
child abuse.
(5) The term ``change in control'' means--
(A) for a corporation, the sale or transfer of a
controlling interest in the corporation;
(B) for a partnership or limited liability company,
the sale or transfer of a controlling interest in the
partnership or limited liability company; and
(C) for an individual, the sale or transfer or an
organizational camp subject to this Act to another
party.
SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS AND
FACILITIES BY ORGANIZATIONAL CAMPS.
(a) Land Use Fee.--
(1) Percentage of land value.--The Secretary shall charge
an annual land use fee for each organizational camp for its
occupancy and use of National Forest System lands equal to five
percent of the product of the following:
(A) The total number of acres of National Forest
System lands authorized for the organizational camp.
(B) The estimated per-acre market value of land and
buildings in the county where the camp is located, as
reported in the most recent Census of Agriculture
conducted by the National Agricultural Statistics
Service.
(2) Annual adjustment.--The land use fee determined under
paragraph (1) for an organizational camp shall be adjusted
annually by the annual compounded rate of change between the
two most recent Censuses of Agriculture.
(3) Reduction in fees.--
(A) Type of participants.--The Secretary shall
reduce the land use fee determined under paragraph (1)
proportionate to the number of individuals with a
disability and children at risk who annually attend the
organizational camp.
(B) Type of programs.--After making the reduction
required by subparagraph (A), the Secretary shall
reduce the remaining land use fee amount by up to 60
percent, proportionate to the number of persons who
annually attend the organizational camp who participate
in youth programs through organized and supervised
social, citizenship, character-building, or faith-based
activities oriented to outdoor-recreation experiences.
(C) Relation to minimum fee.--The reductions made
under this paragraph may not reduce the land use fee
for an organizational camp below the minimum land use
fee required to be charged under paragraph (4).
(D) Special considerations.--For purposes of
determining the amount of the land use fee reduction
required under subparagraph (A) or (B), the Secretary
may not take into consideration the existence of
sponsorships or scholarships to assist persons in
attending the organizational camp.
(4) Minimum land use fee.--The Secretary shall charge a
minimum land use fee under paragraph (1) that represents, on
average, the Secretary's cost annually to administer an
organizational camp special use authorization in the National
Forest Region in which the organizational camp is located.
Notwithstanding paragraph (3) or subsection (d), the minimum
land use fee shall not be subject to a reduction or waiver.
(b) Facility Use Fee.--
(1) Percentage of facilities value.--If an organizational
camp uses a Government-owned facility on National Forest System
lands pursuant to section 7 of the Act of April 24, 1950
(commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the
Secretary shall charge, in addition to the land use fee imposed
under subsection (a), a facility use fee equal to five percent
of the value of the authorized facilities, as determined by the
Secretary.
(2) Reduction in fees prohibited.--Notwithstanding
subsection (d), the facility use fees determined under
paragraph (1) shall not be subject to a reduction or waiver.
(c) Fee Related to Receipt of Other Revenues.--If an organizational
camp derives revenue from the use of National Forest System lands or
authorized facilities described in subsection (b) for purposes other
than to introduce young people or individuals with a disability to
activities that they may not otherwise experience and to educate them
on natural resource issues, the Secretary shall charge, in addition to
the land use fee imposed under subsection (a) and the facility use fee
imposed under subsection (b), an additional fee equal to five percent
of that revenue.
(d) Work-In-Lieu Program.--Subject to subsections (a)(4) and
(b)(2), section 3 of the Federal Timber Contract Payment Modification
Act (16 U.S.C. 539f) shall apply to the use fees imposed under this
section.
SEC. 4. IMPLEMENTATION.
(a) Prompt Implementation.--The Secretary shall issue direction
regarding implementation of this Act by interim directive within 180
days after the date of the enactment of this Act. The Secretary shall
implement this Act beginning with the first billing cycle for
organizational camp special use authorizations occurring more than 180
days after the date of the enactment of this Act.
(b) Phase-In of Use Fee Increases.--In issuing any direction
regarding implementation of this Act under subsection (a), the
Secretary shall consider whether to phase-in any significant increases
in annual land or facility use fees for organizational camps.
SEC. 5. RELATIONSHIP TO OTHER LAWS.
Except as specifically provided by this Act, nothing in this Act
supersedes or otherwise affects any provision of law, regulation, or
policy regarding the issuance or administration of authorizations for
organizational camps regarding the occupancy and use of National Forest
System lands.
SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES.
(a) Deposit and Availability.--Unless subject to section 7 of the
Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16
U.S.C. 580d), use fees collected by the Secretary under this Act shall
be deposited in a special account in the Treasury and shall remain
available to the Secretary for expenditure, without further
appropriation until expended, for the purposes described in subsection
(c).
(b) Transfer.--Upon request of the Secretary, the Secretary of the
Treasury shall transfer to the Secretary from the special account such
amounts as the Secretary may request. The Secretary shall accept and
use such amounts in accordance with subsection (c).
(c) Use.--Use fees deposited pursuant to subsection (a) and
transferred to the Secretary under subsection (b) shall be expended for
monitoring of Forest Service special use authorizations, administration
of the Forest Service's special program, interpretive programs,
environmental analysis, environmental restoration, and similar
purposes.
SEC. 7. MINISTERIAL ISSUANCE, OR AMENDMENT AUTHORIZATION.
(a) NEPA Exception.--The ministerial issuance or amendment of an
organizational camp special use authorization shall not be subject to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Rule of Construction.--For purposes of subsection (a), the
ministerial issuance or amendment of an authorization occurs only when
the issuance or amendment of the authorization would not change the
physical environment or the activities, facilities, or program of the
operations governed by the authorization, and at least one of the
following apply:
(1) The authorization is issued upon a change in control of
the holder of an existing authorization.
(2) The holder, upon expiration of an authorization, is
issued a new authorization.
(3) The authorization is amended--
(A) to effectuate administrative changes, such as
modification of the land use fee or conversion to a new
special use authorization form; or
(B) to include nondiscretionary environmental
standards or to conform with current law. | National Forest Organizational Camp Fee Improvement Act of 2002 - Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands and facilities by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities).Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions. | {"src": "billsum_train", "title": "To establish a user fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands and facilities by organizational camps that serve the youth and disabled adults of America, and for other purposes."} | 2,246 | 138 | 0.604867 | 1.785167 | 0.643739 | 3.647541 | 17.270492 | 0.942623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keystone Species Conservation Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Numerous species of fauna have continued to decline to
the point that the long-term survival of those species in the
wild is in serious jeopardy.
(2) Many of those species are listed under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix
I, II, or III of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
(3) There are insufficient resources available for
addressing the threats facing those species, which will require
the joint commitment and effort of countries within the range
of those species, the United States and other countries, and
the private sector.
(4) The grant programs established by the Congress for
tigers, rhinoceroses, Asian elephants, and African elephants
have proven to be extremely successful, provide Federal funds
for conservation projects in an efficient and expeditious
manner, and encourage additional support for conservation in
countries where those species exist in the wild.
(5) A new grant program modeled on the existing programs
for tigers, rhinoceroses, and elephants would provide an
effective means to assist in the conservation of keystone
species for which there are no existing grant programs.
(b) Purpose.--The purpose of this Act is to conserve keystone
species of fauna throughout the world, and the ecosystems on which
those species depend, by supporting the conservation programs for those
species and the CITES Secretariat, promoting partnerships between the
public and private sectors, and providing financial resources for those
programs and partnerships.
SEC. 3. DEFINITIONS.
In this Act:
(1) Account.--The term ``Account'' means the Keystone
Species Conservation Account established by section 5.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including its appendices and amendments.
(4) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to bring a keystone species
to the point at which there are sufficient populations in the
wild to ensure that the species does not become extinct,
including--
(A) protection and management of populations of a
keystone species;
(B) maintenance, management, protection, and
restoration of habitat of a keystone species;
(C) research and monitoring;
(D) law enforcement; and
(E) community outreach and education.
(5) Fish or wildlife.--The term ``fish or wildlife'' means
any member of the animal kingdom, including any mammal, fish,
bird, amphibian, reptile, mollusk, crustacean, arthropod, or
other invertebrate.
(6) Keystone species.--The term ``keystone species''--
(A) subject to subparagraph (B), means a species of
fish or wildlife--
(i) that is listed as an endangered species
or threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533)
or that is listed in Appendix I, II, or III of
CITES; and
(ii) whose range is partially or wholly
outside of the United States; and
(B) does not include African elephants, Asian
elephants, rhinoceros, and tigers.
SEC. 4. KEYSTONE SPECIES CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds, the
Secretary shall use amounts in the Account to provide financial
assistance for projects for the conservation of that keystone species
throughout the world, for which project proposals are approved by the
Secretary in accordance with this section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of a keystone species may be submitted to the
Secretary by--
(A) any relevant wildlife management authority of a
country that has within its boundaries any part of the
range of a keystone species, if the agency has
authority over fish or wildlife and the activities of
the agency directly or indirectly affect the species;
(B) the CITES Secretariat; or
(C) any person with demonstrated expertise in the
conservation of that keystone species.
(2) Required information.--A project proposal shall
include--
(A) the name of the individual with primary
responsibility for conducting the project;
(B) a succinct statement of--
(i) the purposes of the project and the
methodology for implementing the project,
including an assessment of the status of the
keystone species that is the subject of the
project; and
(ii) how the project will benefit that
species;
(C) a description of the qualifications of the
individuals who will conduct the project;
(D) an estimate of the funds and time required to
complete the project;
(E) evidence of support for the project by
appropriate governmental entities of countries in which
the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(F) information regarding the source and amount of
matching funds available for the project; and
(G) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Proposal Review and Approval.--
(1) Request for additional information.--If, after
receiving a project proposal, the Secretary determines that the
project proposal is not complete, the Secretary may request
further information from the person that submitted the proposal
before complying with the other provisions of this subsection.
(2) Request for comments.--The Secretary shall request
written comments, and provide an opportunity of not less than
30 days for comments, on a project proposal from the
appropriate governmental authorities of each country in which
the project will be conducted.
(3) Decision by the secretary.--After taking into
consideration any comments received in a timely manner from
governmental authorities under paragraph (2), the Secretary may
approve a project proposal if the Secretary determines that the
project will promote the conservation of a keystone species.
(4) Notification.--Not later than 180 days after receiving
a completed project proposal, the Secretary shall provide
written notification of the Secretary's approval or disapproval
of a project proposal under paragraph (3) to the person that
submitted the proposal.
(d) Priority Guidance.--In funding approved project proposals, the
Secretary shall give priority to the following types of projects:
(1) Projects that will enhance programs for the
conservation of keystone species that are most imperiled, and
that are supported by the relevant wildlife management
authority in each country in which the program will be
conducted.
(2) Projects that receive the greatest level of matching
assistance, in cash or in-kind, from non-Federal sources.
(3) Projects that will enhance local capacity for the
conservation of keystone species.
(e) Project Reporting.--Each person that receives assistance under
this section for a project shall submit to the Secretary periodic
reports at such intervals as the Secretary considers necessary, that
include all information required by the Secretary for evaluating the
progress and success of the project.
(f) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, after providing public notice and
opportunity for comment, the Secretary shall develop guidelines
to carry out this section.
(2) Priorities and criteria.--The guidelines shall
specify--
(A) how the priorities for funding approved
projects are to be determined; and
(B) criteria for determining which keystone species
are most imperiled and which projects provide the
greatest conservation benefit.
SEC. 5. KEYSTONE SPECIES CONSERVATION ACCOUNT.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund of the Treasury a separate account to be
known as the ``Keystone Species Conservation Account'', consisting of--
(1) amounts of donations accepted under subsection (d);
(2) amounts appropriated to the Account under section 6;
and
(3) any interest earned on investment of amounts in the
Account under subsection (c).
(b) Expenditures From Account.--
(1) In general.--Subject to paragraph (2), the Secretary
may expend from the Account, without further Act of
appropriation, such amounts as are necessary to carry out
section 4.
(2) Administrative expenses.--An amount not to exceed 3
percent of the amounts in the Account shall be available for
each fiscal year to pay the administrative expenses necessary
to carry out this Act.
(c) Investment of Amounts.--The Secretary of the Treasury shall
invest such portion of the Account as is not required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to carry out this Act. Amounts received by the Secretary
in the form of donations shall be available until expended, without
further Act of appropriation.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Account $10,000,000
for each of fiscal years 2001, 2002, 2003, 2004, and 2005 to carry out
this Act, which may remain available until expended. | Directs the Secretary of the Interior, subject to the availability of funds, to use amounts in the Keystone Species Conservation Account established by this Act to provide financial assistance for projects for the conservation of keystone species throughout the world for which project proposals are approved by the Secretary. Permits proposals for projects for the conservation of a keystone species to be submitted to the Secretary by: (1) a country's wildlife management authority that has within its boundaries any part of the range of a keystone species, if the agency has authority over fish or wildlife and the agency's activities affect the species; (2) the CITES Secretariat; or (3) any person with demonstrated expertise in the conservation of such species.
Gives priority in funding to projects that: (1) will enhance programs for the conservation of keystone species that are most imperiled and are supported by a country's wildlife management authority in each country in which the program will be conducted; (2) receive the greatest level of non-Federal matching assistance; and (3) will enhance local capacity for the conservation of such species.
Establishes the Keystone Species Conservation Account in the Multinational Species Conservation Fund of the Treasury.
Authorizes appropriations. | {"src": "billsum_train", "title": "Keystone Species Conservation Act of 1999"} | 2,110 | 257 | 0.58596 | 1.575672 | 0.738186 | 4.435345 | 8.349138 | 0.978448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeownership Opportunities for
Uniformed Services and Educators Act''.
SEC. 2. REDUCED DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND
PUBLIC SAFETY OFFICERS.
(a) In General.--Section 203(b) of the National Housing Act (12
U.S.C. 1709(b)) is amended by adding at the end the following new
paragraph:
``(11) Reduced downpayment requirements for teachers and
public safety officers.--
``(A) In general.--Notwithstanding paragraph (2),
in the case of a mortgage described in subparagraph
(B)--
``(i) the mortgage shall involve a
principal obligation in an amount that does not
exceed the sum of 99 percent of the appraised
value of the property and the total amount of
initial service charges, appraisal, inspection,
and other fees (as the Secretary shall approve)
paid in connection with the mortgage;
``(ii) no other provision of this
subsection limiting the principal obligation of
the mortgage based upon a percentage of the
appraised value of the property subject to the
mortgage shall apply; and
``(iii) the matter in paragraph (9) that
precedes the first proviso shall not apply and
the mortgage shall be executed by a mortgagor
who shall have paid on account of the property
at least 1 percent of the cost of acquisition
(as determined by the Secretary) in cash or its
equivalent.
``(B) Mortgages covered.--A mortgage described in
this subparagraph is a mortgage--
``(i) under which the mortgagor is an
individual who--
``(I) is employed on a part- or
full-time basis as--
``(aa) a teacher or
administrator in a public or
private school that provides
elementary or secondary
education, as determined under
State law, except that
elementary education shall
include pre-Kindergarten
education, and except that
secondary education shall not
include any education beyond
grade 12; or
``(bb) a public safety
officer (as such term is
defined in section 1204 of the
Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C.
3796b), except that such term
shall not include any officer
serving a public agency of the
Federal Government); and
``(II) has not, during the 12-month
period ending upon the insurance of the
mortgage, had any present ownership
interest in a principal residence
located in the jurisdiction described
in clause (ii); and
``(ii) made for a property that is located
within the jurisdiction of--
``(I) in the case of a mortgage of
a mortgagor described in clause
(i)(I)(aa), the local educational
agency (as such term is defined in
section 14101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 8801)) for the school in which
the mortgagor is employed (or, in the
case of a mortgagor employed in a
private school, the local educational
agency having jurisdiction for the area
in which the private school is
located); or
``(II) in the case of a mortgage of
a mortgagor described in clause
(i)(I)(bb), the jurisdiction served by
the public law enforcement agency,
firefighting agency, or rescue or
ambulance agency that employs the
mortgagor.''.
(b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of
the National Housing Act (12 U.S.C. 1709(c)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Notwithstanding'' and inserting ``Except as
provided in paragraph (3) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(3) Deferral and reduction of up-front premium.--In the case of
any mortgage described in subsection (b)(11)(B)--
``(A) paragraph (2)(A) of this subsection (relating to
collection of up-front premium payments) shall not apply; and
``(B) if, at any time during the 5-year period beginning on
the date of the insurance of the mortgage, the mortgagor ceases
to be employed as described in subsection (b)(11)(B)(i)(I) or
pays the principal obligation of the mortgage in full, the
Secretary shall, at such time, collect a single premium payment
in an amount equal to the amount of the single premium payment
that, but for this paragraph, would have been required under
paragraph (2)(A) of this subsection with respect to the
mortgage, as reduced by 20 percent of such amount for each
successive 12-month period completed during such 5-year period
before such cessation or prepayment occurs.''. | Homeownership Opportunities for Uniformed Services and Educators Act - Amends the National Housing Act to provide for one percent downpayments for Federal Housing Administration mortgage loans for qualified elementary and secondary school teachers and administrators and non-Federal public safety officers to purchase homes within the jurisdictions of their employing agencies. | {"src": "billsum_train", "title": "A bill to amend section 203 of the National Housing Act to provide for 1 percent downpayments for FHA mortgage loans for teachers and public safety officers to buy homes within the jurisdictions."} | 1,114 | 70 | 0.430226 | 1.058864 | 1.035853 | 1.716981 | 18.603774 | 0.735849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arlington National Cemetery Burial
Eligibility Act''.
SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty.
``(2) Any retired member of the Armed Forces and any person
who served on active duty and at the time of death was entitled
(or but for age would have been entitled) to retired pay under
chapter 1223 of title 10, United States Code.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty; and
``(B) would have been eligible for retirement under
the provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in
effect on the date of separation of the member.
``(4) Any former member of the Armed Forces whose last
active duty military service terminated honorably and who has
been awarded one of the following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross, Air Force Cross,
or Navy Cross.
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war who dies on or after
November 30, 1993.
``(6) The President or any former President.
``(b) Eligibility of Family Members.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) The spouse, surviving spouse (which for purposes of
this paragraph includes any remarried surviving spouse, section
2402(5) of this title notwithstanding), minor child, and, at
the discretion of the Superintendent, unmarried adult child of
a person listed in subsection (a), but only if buried in the
same gravesite as that person.
``(2)(A) The spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a member of the
Armed Forces on active duty if such spouse, minor child, or
unmarried adult child dies while such member is on active duty.
``(B) The individual whose spouse, minor child, and
unmarried adult child is eligible under subparagraph (A), but
only if buried in the same gravesite as the spouse, minor
child, or unmarried adult child.
``(3) The parents of a minor child or unmarried adult child
whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery, but only if
buried in the same gravesite as that minor child or unmarried
adult child.
``(4)(A) Subject to subparagraph (B), the surviving spouse,
minor child, and, at the discretion of the Superintendent,
unmarried adult child of a member of the Armed Forces who was
lost, buried at sea, or officially determined to be permanently
absent in a status of missing or missing in action.
``(B) A person is not eligible under subparagraph (A) if a
memorial to honor the memory of the member is placed in a
cemetery in the national cemetery system, unless the memorial
is removed. A memorial removed under this subparagraph may be
placed, at the discretion of the Superintendent, in Arlington
National Cemetery.
``(5) The surviving spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult child of a
member of the Armed Forces buried in a cemetery under the
jurisdiction of the American Battle Monuments Commission.
``(c) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under subsection (b) without requirement for approval by the
Superintendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligible for
burial under subsection (a), has been or will be buried.
``(d) Family Members of Persons Buried in a Group Gravesite.--In
the case of a person eligible for burial under subsection (a) who is
buried in Arlington National Cemetery as part of a group burial, the
surviving spouse, minor child, or unmarried adult child of the member
may not be buried in the group gravesite.
``(e) Exclusive Authority for Burial in Arlington National
Cemetery.--Eligibility for burial of remains in Arlington National
Cemetery prescribed under this section is the exclusive eligibility for
such burial.
``(f) Application for Burial.--A request for burial of remains of
an individual in Arlington National Cemetery made before the death of
the individual may not be considered by the Secretary of the Army or
any other responsible official.
``(g) Register of Buried Individuals.--(1) The Secretary of the
Army shall maintain a register of each individual buried in Arlington
National Cemetery and shall make such register available to the public.
``(2) With respect to each such individual buried on or after
January 1, 1998, the register shall include a brief description of the
basis of eligibility of the individual for burial in Arlington National
Cemetery.
``(h) Definitions.--For purposes of this section:
``(1) The term `retired member of the Armed Forces' means--
``(A) any member of the Armed Forces on a retired
list who served on active duty and who is entitled to
retired pay;
``(B) any member of the Fleet Reserve or Fleet
Marine Corps Reserve who served on active duty and who
is entitled to retainer pay; and
``(C) any member of a reserve component of the
Armed Forces who has served on active duty and who has
received notice from the Secretary concerned under
section 12731(d) of title 10, of eligibility for
retired pay under chapter 1223 of title 10, United
States Code.
``(2) The term `former member of the Armed Forces' includes
a person whose service is considered active duty service
pursuant to a determination of the Secretary of Defense under
section 401 of Public Law 95-202 (38 U.S.C. 106 note).
``(3) The term `Superintendent' means the Superintendent of
Arlington National Cemetery.''.
(b) Publication of Updated Pamphlet.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army shall
publish an updated pamphlet describing eligibility for burial in
Arlington National Cemetery. The pamphlet shall reflect the provisions
of section 2412 of title 38, United States Code, as added by subsection
(a).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding at the
end the following new item:
``2412. Arlington National Cemetery: persons eligible for burial.''.
(d) Technical Amendments.--(1) Section 2402(5) of title 38, United
States Code, is amended by inserting ``, except section 2412(b)(1) of
this title,'' after ``which for purposes of this chapter''.
(2) Section 2402(7) of such title is amended--
(A) by inserting ``(or but for age would have been
entitled)'' after ``was entitled'';
(B) by striking out ``chapter 67'' and inserting in lieu
thereof ``chapter 1223''; and
(C) by striking out ``or would have been entitled to'' and
all that follows and inserting in lieu thereof a period.
(e) Effective Date.--(1) Except as provided in paragraph (2),
section 2412 of title 38, United States Code, as added by subsection
(a), shall apply with respect to individuals dying on or after the date
of the enactment of this Act.
(2) In the case of an individual buried in Arlington National
Cemetery before the date of the enactment of this Act, the surviving
spouse of such individual is deemed to be eligible for burial in
Arlington National Cemetery under subsection (b) of such section, but
only in the same gravesite as such individual.
SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON
NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2412, as added by section 2(a) of this
Act, the following new section:
``Sec. 2413. Arlington National Cemetery: persons eligible for
placement in columbarium
``The cremated remains of the following individuals may be placed
in the columbarium in Arlington National Cemetery:
``(1) A person eligible for burial in Arlington National
Cemetery under section 2412 of this title.
``(2)(A) A veteran whose last period of active duty service
(other than active duty for training) ended honorably.
``(B) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of such a veteran.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2412, as added by section 2(c) of this Act, the following new
item:
``2413. Arlington National Cemetery: persons eligible for placement in
columbarium.''.
(c) Conforming Amendment.--Section 11201(a)(1) of title 46, United
States Code, is amended by inserting after subparagraph (B), the
following new subparagraph:
``(C) Section 2413 (relating to placement in the
columbarium in Arlington National Cemetery).''.
(d) Effective Date.--Section 2413 of title 38, United States Code,
as added by subsection (a), and section 11201(a)(1)(C), as added by
subsection (c), shall apply with respect to individuals dying on or
after the date of the enactment of this Act.
SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2413, as added by section 3(a) of this
Act, the following new section:
``Sec. 2414. Arlington National Cemetery: authorized headstones,
markers, and monuments
``(a) Gravesite Markers Provided by the Secretary.--A gravesite in
Arlington National Cemetery shall be appropriately marked in accordance
with section 2404 of this title.
``(b) Gravesite Markers Provided at Private Expense.--(1) The
Secretary of the Army shall prescribe regulations for the provision of
headstones or markers to mark a gravesite at private expense in lieu of
headstones and markers provided by the Secretary of Veterans Affairs in
Arlington National Cemetery.
``(2) Such regulations shall ensure that--
``(A) such headstones or markers are of simple design,
dignified, and appropriate to a military cemetery;
``(B) the person providing such headstone or marker
provides for the future maintenance of the headstone or marker
in the event repairs are necessary;
``(C) the Secretary of the Army shall not be liable for
maintenance of or damage to the headstone or marker;
``(D) such headstones or markers are aesthetically
compatible with Arlington National Cemetery; and
``(E) such headstones or markers are permitted only in
sections of Arlington National Cemetery authorized for such
headstones or markers as of January 1, 1947.
``(c) Monuments.--(1) No monument (or similar structure as
determined by the Secretary of the Army in regulations) may be placed
in Arlington National Cemetery except pursuant to the provisions of
this subsection.
``(2) A monument may be placed in Arlington National Cemetery if
the monument commemorates--
``(A) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(B) a particular military event.
``(3) No monument may be placed in Arlington National Cemetery
until the end of the 25-year period beginning--
``(A) in the case of commemoration of service under
paragraph (1)(A), on the last day of the period of service so
commemorated; and
``(B) in the case of commemoration of a particular military
event under paragraph (1)(B), on the last day of the period of
the event.
``(4) A monument may be placed only in those sections of Arlington
National Cemetery designated by the Secretary of the Army for such
placement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2413, as added by section 3(b) of this Act, the following new
item:
``2414. Arlington National Cemetery: authorized headstones, markers,
and monuments.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to headstones, markers, or monuments placed in
Arlington National Cemetery on or after the date of the enactment of
this Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Army shall publish in the Federal Register
any regulation proposed by the Secretary under this Act.
Passed the House of Representatives March 23, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member and any person who served on active duty and at the time of death was entitled to retired pay (or would have been so entitled but for his or her age); (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who dies on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (9) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (8), above, but only if buried in the same gravesite; (10) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same gravesite; (11) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (12) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission. | {"src": "billsum_train", "title": "Arlington National Cemetery Burial Eligibility Act"} | 3,130 | 458 | 0.749721 | 1.882573 | 0.800213 | 5.773399 | 7.110837 | 0.950739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategic Technology/Engineering
Program Act of 2007'' or the ``STEP Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) In 1985, the number of bachelor's degrees awarded
annually in engineering peaked at 77,572, and that number has
decreased every year since 1985. According to the National
Science Foundation, the number of people who earned bachelor's
degrees in engineering declined to approximately 60,000 in
2002.
(2) In 1996, the number of doctoral degrees awarded
annually in engineering peaked at 6,309.
(3) Since 1983, the unemployment rate for science and
engineering jobs has been at least 2 percent lower than the
unemployment rate in the United States for all fields of
employment.
(4) In 2004, engineers held 1,400,000 jobs in the United
States, and the Department of Labor's Bureau of Labor Studies
has projected that 611,000 new engineering jobs will open up
during the 10-year period from 2004 through 2014.
(5) Over one-quarter of the science and engineering
workforce is comprised of individuals who are older than age 50
and who are expected to retire in the next 15 years.
(6) The United States is facing a shortage of engineers
because the number of engineering graduates is consistently
surpassed by the growth in engineering jobs, many engineers are
nearing retirement, and many new engineering graduates take
jobs in other fields.
(7) The United States should take advantage of available
intellectual resources by recruiting students from the top
third of high school graduates to pursue engineering degrees
and to become the next generation of engineers.
(8) The United States should develop education standards,
assessments, and curricula that reflect the engineering needs
of our Nation now and in the future.
(9) Most engineering jobs require a bachelor's degree in
engineering, and many States require additional years of study
beyond a bachelor's degree to qualify for and maintain the
Professional Engineer designation.
(10) The years of study required to be able to perform
engineering jobs result in a large financial burden.
(11) Providing scholarships and loan forgiveness for
engineering graduates who work in the engineering field will
make it easier for such graduates to enter and continue to work
in the engineering profession, a profession that is vital to
the United States.
SEC. 3. STRATEGIC TECHNOLOGY AND ENGINEERING PROGRAM (STEP).
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following new part:
``PART E--STEP
``SEC. 771. STRATEGIC TECHNOLOGY/ENGINEERING PROGRAM (STEP).
``(a) Program Established.--The Secretary is authorized to
establish a STEP scholarship program, in accordance with the
requirements of this section, to award scholarships to individuals who
enroll in a program of study at institution of higher educations to
pursue undergraduate and graduate degrees in engineering, technology,
applied sciences, mathematics, or similar fields.
``(b) STEP Scholars.--Individuals awarded scholarships under this
section shall be known as `STEP Scholars'.
``(c) Scholarship Awards.--
``(1) Scholarship amount.--
``(A) Yearly and aggregate amounts.--The amount of
a STEP scholarship shall be--
``(i) for an undergraduate student, not
more than $9,000 for an academic year, and not
more than $36,000 in the aggregate; and
``(ii) for a graduate student, not more
than $15,000 for an academic year, and not more
than $45,000 in the aggregate.
``(B) Limitation.--In no case shall the total
amount of a STEP scholarship awarded to an individual
exceed such individual's total cost of attendance for
the academic year for which the scholarship is awarded.
``(C) Adjustment for insufficient appropriations.--
If funds available to carry out this section for an
academic year are insufficient to fully fund all
scholarships awarded by the Secretary under this
section for such academic year, the amount of the
scholarship paid to each individual under this section
shall be reduced proportionately.
``(2) Period of award.--STEP scholarships shall be awarded
for a period of one academic year, and may be renewed for
subsequent one-year periods during--
``(A) the 4 years of study necessary to obtain an
undergraduate degree; and
``(B) the 3 years of study necessary to obtain a
graduate degree.
``(3) Relation to other assistance.--STEP scholarships
shall not be considered for the purpose of awarding Federal
grant assistance under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), except that in no case shall the
total amount of student financial assistance awarded to an
individual under this section and title IV of such Act exceed
such individual's total cost of attendance.
``(d) Eligibility.--To be eligible for a STEP scholarship, an
individual shall--
``(1) be a citizen, national, or permanent resident of the
United States;
``(2) be an eligible student under section 484;
``(3) be enrolled or accepted for enrollment in a program
of--
``(A) undergraduate instruction leading to a
bachelor's degree with a major in engineering,
technology, applied sciences, mathematics, or similar
fields at an institution of higher education; or
``(B) graduate instruction leading to a master's or
doctoral degree in engineering, technology, applied
sciences, mathematics, or similar fields at an
institution of higher education;
``(4) be enrolled or accepted for enrollment in at least 15
credit hours per semester (or the equivalent for a course of
study that measures its program length in trimesters, quarters,
or clock hours) of courses required to obtain an undergraduate
or graduate degree in engineering, technology, applied
sciences, mathematics, or similar fields; and
``(5) have a grade point average--
``(A) of at least 2.5, cumulatively, (or the
equivalent as determined under regulations prescribed
by the Secretary) at the end of the secondary school
program of study, in the case of an individual enrolled
or accepted for enrollment in the first academic year
of undergraduate education; or
``(B) of at least 2.5 (or the equivalent as
determined under regulations prescribed by the
Secretary) for each completed academic semester of
undergraduate or graduate education, in the case of an
individual enrolled or accepted for enrollment other
than in the first academic year of undergraduate
education.
``(e) Selection.--
``(1) Application.--Each eligible individual desiring a
STEP scholarship shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(2) Award basis.--Subject to paragraph (3), STEP
scholarships shall be awarded on a first-come, first-served
basis and subject to the availability of appropriations.
``(3) Priority.--The Secretary shall give priority in
awarding STEP scholarships for an academic year--
``(A) to eligible individuals who received a STEP
scholarship for the preceding academic year; and
``(B) to eligible individuals enrolled in an
institution of higher education that is an eligible
institution under section 312 of this Act.
``(f) Conversion to Loan.--
``(1) Repayment.--In the event that any recipient of a STEP
scholarship fails or refuses to obtain the degree in
engineering, technology, applied sciences, mathematics, or
similar fields for which the individual was awarded such
scholarship within a period prescribed by the Secretary by
regulations issued pursuant to this section, the sum of the
amounts of such STEP scholarship provided to such recipient
shall be treated as a Direct Loan under part D of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), and
shall be subject to repayment in accordance with terms and
conditions specified by the Secretary in such regulations.
``(2) Forgiveness if deceased or disabled.--An individual
shall be excused from repayment of any scholarship award
required under paragraph (1) if--
``(A) the individual dies or becomes permanently
and totally disabled (as determined in accordance with
regulations prescribed by the Secretary); or
``(B) recovery under this subsection would be
against equity and good conscience or against the
public interest.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Definitions.--For the purposes of this section:
``(1) Engineering, technology, applied sciences,
mathematics, or similar fields.--An individual shall be
considered to be considered to pursue or obtain a degree in
engineering, technology, applied sciences, mathematics, or
similar fields if--
``(A) such degree qualifies the individual to be
with a professional engineering designation, including
any of the following designations: aerospace engineer;
agricultural engineer; biomedical engineer; chemical
engineer; civil engineer; computer hardware engineer;
electrical engineer; electronics engineer;
environmental engineer; health and safety engineer;
industrial engineer; marine engineer; and naval
architects; materials engineer; mechanical engineer;
mining and geological engineer; nuclear engineer; and
petroleum engineer; and
``(B) such degree is awarded by an institution of
higher education program in engineering, technology,
applied sciences, mathematics, or similar fields that
is accredited by the Accreditation Board for
Engineering and Technology (ABET).
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), except that the term does not include any
institution described in subsection (a)(1)(c) of such section.
``(3) Secretary.--The term `Secretary' means the Secretary
of Education.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2008 and each succeeding fiscal year.''.
SEC. 4. STUDENT LOAN FORGIVENESS FOR ENGINEERS.
The Higher Education Act of 1965 is amended by inserting after
section 428K (20 U.S.C. 1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR ENGINEERS.
``(a) Program Authorized.--
``(1) In general.--For the purpose of encouraging qualified
individuals to enter and continue employment as engineers, the
Secretary is authorized, from the funds appropriated under
subsection (h), to forgive, in accordance with this section,
the student loan debt of any borrower, who--
``(A) is employed as an engineer;
``(B) has or is seeking a license as a professional
engineer in accordance with the requirements of a State
licensing board; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary is
authorized to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount (as
determined under subsection (b)) for a loan made under
this part; and
``(B) to cancel a qualified loan amount (as so
determined) for a loan made under part D of this title.
``(b) Qualified Loan Amounts.--The Secretary shall forgive the loan
obligation of the borrower, in accordance with subsection (a)(2), not
to exceed $150,000 in the aggregate, in the following increments:
``(1) For the completion of each of the 8 years of
employment as an engineer as specified in the written agreement
in subsection (c), 10 percent of the borrower's total loan
obligation that is outstanding at the completion of each such
year.
``(2) For obtaining licensure as a professional engineer in
accordance with the requirements of a State licensing board as
specified in the written agreement in subsection (c), 20
percent of the borrower's total loan obligation that is
outstanding at the time of such licensure.
``(c) Terms of Agreement.--
``(1) In general.--To be eligible to receive forgiveness
benefits under this section, a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as an
engineer for a not less than 8 years;
``(B) the borrower will obtain licensure as a
professional engineer in accordance with the
requirements of a State licensing board within 8 years
after obtaining a degree;
``(C) the borrower will repay the Secretary a
proportionate amount, as determined in accordance with
regulations of the Secretary, of the benefits received
by such borrower under this section if the borrower--
``(i) fails to complete the 8 years of
employment as an engineer under subparagraph
(A) because the borrower is involuntarily
separated from such employment on account of
misconduct, or voluntarily separates from such
employment; or
``(ii) fails to obtain licensure as a
professional engineer under subparagraph (B);
``(D) if the borrower is required to repay an
amount to the Secretary under subparagraph (C) and
fails to repay such amount, a sum equal to the amount
is recoverable by the Government from the borrower (or
such borrower's estate, if applicable) by such method
as is provided by law for the recovery of amounts owing
to the Government;
``(E) the Secretary may waive, in whole or in part,
a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest; and
``(F) the Secretary shall provide loan forgiveness
in accordance with this section, subject to the
availability of appropriations.
``(2) Repayment for violation of agreement.--Any amount
repaid by, or recovered from, an individual (or an estate)
under this subsection shall be credited to the appropriation
account from which the amount involved was originally paid or
debited. Any amount so credited shall be merged with other sums
in such account and shall be available for the same purposes
and period, and subject to the same limitations (if any), as
the sums with which the amount was merged.
``(d) Award Basis; Priority.--
``(1) Award basis.--The Secretary shall provide forgiveness
benefits under this section on a first-come, first-served basis
(subject to paragraph (2)) and subject to the availability of
appropriations.
``(2) Priority.--The Secretary shall give priority in
providing forgiveness benefits under this section for a fiscal
year to a borrower who received forgiveness benefits under this
section for the preceding fiscal year.
``(e) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of a loan.
``(f) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Definition.--In this section, the term `engineer' means an
individual who is qualified to be employed in an occupation with a
professional engineering designation, including any of the following
designations: aerospace engineer; agricultural engineer; biomedical
engineer; chemical engineer; civil engineer; computer hardware
engineer; electrical engineer; electronics engineer; environmental
engineer; health and safety engineer; industrial engineer; marine
engineer; and naval architects; materials engineer; mechanical
engineer; mining and geological engineer; nuclear engineer; and
petroleum engineer.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2008 and each succeeding fiscal year.''. | Strategic Technology/Engineering Program Act of 2007 or the STEP Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award renewable one-year STEP scholarships to students who pursue undergraduate or graduate degrees in engineering, technology, applied sciences, mathematics, or similar fields.
Authorizes the Secretary to provide student loan forgiveness to borrowers under the Federal Family Education Loan and Direct Loan programs who agree to remain employed as engineers for at least eight years and obtain licensure as professional engineers within eight years of obtaining a degree. | {"src": "billsum_train", "title": "To establish and determine the eligibility of individuals for a loan forgiveness program for professional engineers in order to provide incentives for engineers currently employed and engineering students and other students pursuing or considering pursuing a degree in science, technology and engineering, and for the support of students pursing such secondary and postsecondary education."} | 3,504 | 117 | 0.4778 | 1.290596 | 0.591612 | 2.970874 | 32.242718 | 0.912621 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Computer Equipment and Technology
Export Control Reform Act''.
SEC. 2. ANNUAL REVIEW OF CONTROLS ON COMPUTERS.
Section 4 of the Export Administration Act of 1979 (50 U.S.C. App.
2403) is amended by adding at the end the following new subsection:
``(h) Review of Export Controls on Computer Equipment and
Technology.--
``(1) In general.--In order to ensure that requirements of
validated licenses and other licenses authorizing multiple
exports are periodically removed as computer equipment,
computer communications and networking equipment, computer
software, and related technology, that are subject to such
requirements become obsolete with respect to the specific
objectives of the export controls requiring such licenses, the
Secretary shall conduct periodic reviews of such controls. The
Secretary shall complete such a review not later than 6 months
after the date of the enactment of this subsection, and not
later than the end of each 1-year period thereafter.
``(2) Review elements.--In conducting each review under
paragraph (1), the Secretary shall do the following with
respect to the export controls requiring a license described in
paragraph (1):
``(A) Objectives of control.--The Secretary shall
identify the specific objectives of the export
controls, for the 12-month period beginning on the date
on which the review is completed, for each country for
which a validated license is required. When an
objective of an export control is to defer the
development of a specific capability in such country,
the Secretary shall specify for what period of time the
controls are expected to defer such capability.
``(B) Quantity and performance.--The Secretary
shall estimate, for the 12-month period described in
subparagraph (A), the quantity and performance
(measured in Composite Theoretical Performance or other
relevant performance metrics) of computer systems that
must be obtained by each country for which a validated
license is required in order to defeat the objectives
of the export controls.
``(C) Availability to controlled destinations.--The
Secretary shall evaluate the effectiveness of the
export controls in achieving their specific objectives,
including explicit descriptions of the availability,
during the 12-month period described in subparagraph
(A), to controlled countries of computer equipment,
computer communications and networking equipment,
computer software, and related technology on which the
export controls are in effect--
``(i) from sources that do not control the
export of such items, and from sources from
which no effective export controls on such
items exist;
``(ii) as a result of actual or potential
diversion, including potential diversion of
software over international computer or
telephone networks;
``(iii) as a result of export license
authorizations from countries other than the
United States;
``(iv) as a result of indigenous production
in controlled countries; and
``(v) as a result of United States
regulations permitting exports to such
countries of items with minimal United States
content by value.
``(D) Economic impact.--The Secretary shall
evaluate the economic impact, during the 12-month
period described in subparagraph (A), of the export
controls on exporting companies, including estimates of
lost sales, loss in market share, and administrative
overhead.
``(3) Increase in thresholds.--After completing each review
under this subsection, the Secretary shall increase, if
warranted by the findings of the review, the following export
control thresholds, consistent with the obligations of the
United States under bilateral and multilateral agreements:
``(A) The performance levels at which computer
systems are eligible for delivery under a distribution
license.
``(B) The performance levels at which computer
systems may be shipped under a general license to
countries other than controlled countries.
``(C) The performance levels defining a
`supercomputer'.
``(D) The performance levels at which a validated
license is required for the export to a controlled
country of computer systems and peripherals, software,
parts, and communications equipment normally supplied
with such computer systems.
In any recommendation or publication for such increase, the
Secretary shall include the specific rationale for the
increase.
``(4) Default provisions.--If on the date by which a review
under this subsection must be completed, the review is not
completed or a report on the review has not been transmitted to
the Congress under paragraph (5), the performance levels
described in paragraph (3) then in effect, stated in terms of
Composite Theoretical Performance or other relevant performance
metrics, shall double, effective 90 days from that date. No
change in regulations or notice in the Federal Register shall
be required to implement such increase in performance levels.
``(5) Report.--The Secretary shall transmit to the Congress
and to the Computer Systems Technical Advisory Committee (or
successor technical advisory committee) a report on the
findings of each review conducted under this subsection,
addressing each requirement set forth in paragraph (2). Within
60 days thereafter, the Computer Systems Technical Advisory
Committee (or successor technical advisory committee) shall
transmit to the Congress a concise statement specifying its
concurrence or nonconcurrence with each matter contained in the
Secretary's report, along with specific reasons for such
concurrence or nonconcurrence.
``(6) Hearings.--The Secretary shall conduct public
hearings not less than once each year in order to solicit
information from all interested parties on all matters to be
addressed in each review conducted under this subsection.''.
SEC. 3. DE MINIMIS DECONTROL OF COMPUTER SYSTEMS.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(i) Removal of Controls on Computer Systems Valued at Less Than
$5,000.--
``(1) In general.--No validated license shall be required
under this Act for the export or reexport to any controlled
country of any digital computer having a net value of less than
$5,000.
``(2) Definition of net value.--As used in paragraph (1),
the `net value' of a digital computer means the actual selling
price of the computer, less transport charges, to the customer
abroad, or the current market price of the computer to the same
type of customer in the United States.
``(3) No quantity limit.--No limit may be placed under this
Act on the number of computer systems to which paragraph (1)
applies that may be exported or reexported at any one time or
on the number of shipments of such computer systems to any
controlled country or end-user in a controlled country.''
SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIPMENT.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(j) Removal of Controls on Mass-Market Computer Equipment.--
``(1) Mass-market computer equipment defined.--For purposes
of this subsection, the term `mass-market computer equipment'
means any computer system, computer networking equipment,
peripheral to a computer system, part or subassembly of a
computer system, or combination thereof, on which export
controls are in effect under this Act, and which will have been
installed for end-use outside the United States in a quantity
exceeding 100,000 units over a 12-month period, as determined
under paragraph (2).
``(2) Anticipatory review of mass-market computer
equipment.--Not later than--
``(A) 6 months after the date of the enactment of
this subsection, and
``(B) the end of each 1-year period occurring
thereafter,
the Secretary shall, in consultation with the Computer Systems
Technical Advisory Committee (or successor technical advisory
committee), industry groups, and computer equipment producers,
identify those items (including computer systems differentiated
in terms of Composite Theoretical Performance) that will be
installed for end-use outside the United States in a quantity
exceeding 100,000 units during the 12-month period beginning on
the applicable date described in subparagraph (A) or (B).
Estimates of numbers of items installed shall be based on
reliable estimates provided by producers of such items.
``(3) Action by the secretary.--Not later than 30 days
after an item is determined by the Secretary under paragraph
(2) to be mass-market computer equipment, the Secretary shall
either--
``(A) eliminate export controls on such equipment
and publish a notice of such action in the Federal
Register; or
``(B) in the case of an item controlled under the
terms of an export control regime in which the United
States participates with 1 or more other countries,
propose the elimination of controls on such equipment
in accordance with the procedures of the appropriate
regime and publish a notice of such proposal in the
Federal Register.''.
SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(k) Identification of Proliferation End-users.--
``(1) Proliferation end-user defined.--For purposes of this
subsection, the term `proliferation end-user' means any entity
that is engaged, directly or indirectly, in the design,
development, or production of nuclear, chemical, or biological
weapons or missiles and is located in a country that is not
party to a bilateral or multilateral agreement the purpose of
which is to limit the spread of such weapons and activities and
to which the United States is a party.
``(2) Publication of proliferation end-users.--The
Secretary shall, within 10 days after communicating to any
United States exporter (including by denying an export license
to such exporter) that any entity has been identified as a
proliferation end-user, publish in the Federal Register the
name and specific validated license requirements for exports to
such proliferation end-user. If such publication is not made,
such entity shall be deemed not to be a proliferation end-user
and exports or reexports to such entity shall not require an
individual validated license solely because of activities
described in paragraph (1).
``(3) Customer screening.--The Secretary shall not require,
as a condition of granting any general or validated license for
the export of goods or technology to any end-user in a country,
that information by the export license applicant be provided
regarding activities described in paragraph (1) by such end-
user, unless--
``(A) the Secretary has identified such country as
engaged in the design, development, or production of
nuclear, chemical, or biological weapons or missiles;
or
``(B) the Secretary has determined that there is a
specific risk that the exports will be diverted to a
country for use in activities described in subparagraph
(A).''. | Computer Equipment and Technology Export Control Reform Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to: (1) conduct annual reviews of export controls on computer equipment and technology; (2) increase certain export control thresholds if warranted by the review; and (3) report review findings to the Congress and the Computer Systems Technical Advisory Committee.
Exempts from license requirements for export or reexport to any controlled country digital computers valued at less than $5,000.
Directs the Secretary to: (1) identify specified items that will be installed for end-use outside the United States; and (2) publish in the Federal Register the name and specified license requirements for exports to a proliferation end-user (any entity engaged in the design, development, or production of nuclear, chemical, or biological weapons or missiles which is located in a country that is not party to an agreement, to which the United States is a party, to limit the spread of such weapons and activities).
Prohibits the Secretary from requiring a license applicant to supply information about proliferation-related activities of an end-user, as a condition of granting a license for export of goods or technology to such end-user, unless the Secretary has: (1) identified the end-user's country as engaged in proliferation activities; or (2) determined there is a specific risk that the exports will be diverted to a country for use in such activities. | {"src": "billsum_train", "title": "Computer Equipment and Technology Export Control Reform Act"} | 2,317 | 300 | 0.629381 | 2.006885 | 0.713703 | 4.107639 | 7.871528 | 0.947917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WMATA Improvement Act of 2017''.
SEC. 2. AUTHORIZATION OF GRANTS.
(a) In General.--Subject to the requirements of section 3, the
Secretary of Transportation may provide grants to the Transit
Authority, in addition to any grant amounts provided pursuant to
section 601 of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432; 126 Stat. 4968), in an amount not to exceed
$75,000,000 for each of fiscal years 2018 through 2028 for the purpose
of financing capital and preventive maintenance projects approved by
the Board of Directors of the Transit Authority.
(b) Matching Funds Required.--The Federal share of the cost of a
project carried out using grant amounts provided under subsection (a)
shall not exceed 50 percent of the cost of such project. The non-
Federal share of the cost of such project shall be borne equally by the
District of Columbia, the Commonwealth of Virginia, and the State of
Maryland.
(c) Limitations.--
(1) Terms and conditions.--Any grant provided under this
section shall be subject to the requirements of subsections (b)
and (c) of section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat. 4968).
(2) Collective bargaining agreement amendments.--
(A) In general.--No grants may be provided under
this section until the Board of Directors of the
Transit Authority, as such Board is composed pursuant
to the amendments under section 3, certifies that
amendments have been made to any existing collective
bargaining agreement between the Transit Authority and
a collective bargaining unit to allow the Transit
Authority to implement all necessary operational
changes required both to provide a high level of
service, reliability, and safety as well as lower costs
by selectively using competitive bidding for certain
capital improvement projects.
(B) Application of laws.--Any agreement described
under subparagraph (A) shall comply with the
requirements of--
(i) section 5333(b) of title 49, United
States Code; and
(ii) subchapter IV of chapter 31 of title
40, United States Code.
(C) Amended agreements.--A collective bargaining
agreement entered into after January 1, 2017, may be
considered an amended collective bargaining agreement
for purposes of this section.
SEC. 3. AMENDMENTS TO WMATA COMPACT.
No grant amounts may be provided under section 2 until the
Washington Metropolitan Area Transit Authority Compact includes the
following amendments:
(1) An amendment requiring that each member of the Board of
Directors of the Transit Authority have a primary fiduciary
obligation to the Transit Authority.
(2)(A) An amendment requiring that beginning after the date
of implementation of the amended compact and thereafter, that
the members of the Board of Directors of the Transit Authority
appointed as described in paragraph (3)(A) shall have at least
1 expert qualification, as described in subparagraph (B).
(B) The expert qualifications referred to in subparagraph
(A) are the following:
(i) A certified transit expert who has served in a
senior executive capacity, or the equivalent, of a
transit authority in the United States.
(ii) A certified management expert who is currently
or has previously served for five or more years and has
in his or her capacity managed, directly or indirectly,
more than 1,000 full-time employees--
(I) as a president, chief operating
officer, chief executive officer, chairman, or
managing partner or an equivalent position of a
qualifying business; or
(II) as the president or most senior
manager of a division of a qualifying business.
(iii) A certified financial expert who meets the
standards of an audit committee financial expert under
New York Stock Exchange rules, as in effect on the date
of enactment of this Act.
(iv) A certified safety expert who has a minimum of
5 years of experience as a chairman, director, senior
investigator or equivalent position of a transportation
or transit safety board in the United States.
(C) For purposes of this paragraph, the term ``qualifying
business'' means a corporation, partnership, or limited
liability entity that is engaged primarily in operating
activities and not investing activities.
(3) An amendment requiring that the Board of Directors of
the Transit Authority be composed of 9 voting members as
follows:
(A) Two members appointed by each of the District
of Columbia, the Commonwealth of Virginia, and the
State of Maryland.
(B) Two members appointed by the Secretary of
Transportation.
(C) The CEO of the Transit Authority.
SEC. 4. FAILURE TO ENACT AMENDMENTS.
(a) Withdrawal of Consent.--Except as provided for under subsection
(b), if the signatories of the Compact have not enacted the amendments
described in section 3 before the date that is 18 months after the date
of enactment of this Act, congressional consent for the Compact is
hereby withdrawn.
(b) Extension.--The signatories may apply to the Secretary of
Transportation for a single 3-month extension of the deadline under
subsection (a). Such extension shall be granted by the Secretary so
long as the signatories have shown progress toward instituting the
amendments.
SEC. 5. DEFINITIONS.
In this Act:
(1) Compact.--The term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact (consented to by
Congress under Public Law 89-774, 80 Stat. 1324) as title III
of the Washington Metropolitan Area Transit Regulation Compact
(consented to by Congress under Public Law 86-794, 74 Stat.
1031).
(2) Transit authority.--The term ``Transit Authority''
means the Washington Metropolitan Area Transit Authority
established under Article III of the Compact. | WMATA Improvement Act of 2017 This bill authorizes the Department of Transportation to provide additional grants for each of FY2018-FY2028 to the Washington Metropolitan Area Transit Authority (WMATA) for financing approved capital and preventive maintenance projects. No grants may be provided until: the WMATA Board of Directors certifies that amendments have been made to the existing collective bargaining agreement between WMATA and a collective bargaining unit allowing WMATA to implement necessary operational changes required to provide a high level of service, reliability, and safety as well as lower costs through competitive bidding for certain capital improvements; and the WMATA Compact includes amendments requiring WMATA Board members to have a primary fiduciary obligation to WMATA, newly appointed Board members to have at least one of specified expert qualifications, and the Board to be composed of nine voting members, including the CEO of the Transit Authority and two appointed by each of the District of Columbia, Virginia, Maryland, and the Secretary of Transportation. Congressional consent for the Compact shall be withdrawn if Compact signatories (the District of Columbia, Virginia, and Maryland) fail to enact such amendments. | {"src": "billsum_train", "title": "WMATA Improvement Act of 2017"} | 1,252 | 249 | 0.617461 | 1.871559 | 0.855752 | 3.091346 | 5.730769 | 0.918269 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandates Information Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) before acting on proposed private sector mandates,
Congress should carefully consider their effects on consumers,
workers, and small businesses;
(2) Congress has often acted without adequate information
concerning the costs of private sector mandates, instead
focusing only on their benefits;
(3) the costs of private sector mandates are often borne in
part by consumers, in the form of higher prices and reduced
availability of goods and services;
(4) the costs of private sector mandates are often borne in
part by workers, in the form of lower wages, reduced benefits,
and fewer job opportunities; and
(5) the costs of private sector mandates are often borne in
part by small businesses, in the form of hiring disincentives
and stunted growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality of Congress' deliberation with
respect to proposed mandates on the private sector, by--
(A) providing Congress with more complete
information about the effects of such mandates; and
(B) ensuring that Congress acts on such mandates
only after focused deliberation on their effects; and
(2) to enhance the ability of Congress to distinguish
between private sector mandates that harm consumers, workers,
and small businesses, and mandates that help those groups.
SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.
(a) In General.--
(1) Estimates.--Section 424(b) of the Congressional Budget
Act of 1974 (2 U.S.C. 658c(b)) is amended by adding at the end
the following:
``(4) Estimate of indirect impacts.--
``(A) In general.--In preparing estimates under
paragraph (1), the Director shall also estimate, if
feasible, the impact (including any disproportionate
impact in particular regions or industries) on
consumers, workers, and small businesses, of the
Federal private sector mandates in the bill or joint
resolution, including--
``(i) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on consumer prices and on the
actual supply of goods and services in consumer
markets;
``(ii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on worker wages, worker
benefits, and employment opportunities; and
``(iii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on the hiring practices,
expansion, and profitability of businesses with
100 or fewer employees.
``(B) Estimate not considered in determination.--
The estimate prepared under this paragraph shall not be
considered in determining whether the direct costs of
all Federal private sector mandates in the bill or
joint resolution will exceed the threshold specified in
paragraph (1).''.
(2) Point of order.--Section 424(b)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
after the period ``If such determination is made by the
Director, a point of order under this part shall lie only under
section 425(a)(1) and as if the requirement of section
425(a)(1) had not been met.''.
(3) Threshold amounts.--Section 425(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is
amended by striking ``Federal intergovernmental mandates by an
amount that causes the thresholds specified in section
424(a)(1)'' and inserting ``Federal mandates by an amount that
causes the thresholds specified in section 424 (a)(1) or
(b)(1)''.
(4) Application relating to appropriations committees.--
Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(B)) is amended--
(A) in clause (i) by striking
``intergovernmental'';
(B) in clause (ii) by striking
``intergovernmental'';
(C) in clause (iii) by striking
``intergovernmental''; and
(D) in clause (iv) by striking
``intergovernmental''.
(5) Application relating to congressional budget office.--
Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
658f) is amended by striking ``intergovernmental''.
(b) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House. | Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees.
Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment. | {"src": "billsum_train", "title": "Mandates Information Act of 1999"} | 1,153 | 121 | 0.43481 | 1.212248 | 0.521096 | 1.361905 | 9.780952 | 0.733333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taunton, Massachusetts Special
Resources Study Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The city of Taunton, Massachusetts, is home to 9
distinct historic districts, with nearly 100 properties on the
National Register of Historic Places. Included among these
districts are the Church Green Historic District, the Bristol
County Courthouse Complex, the Taunton Green Historic District,
and the Reed and Barton Historic District.
(2) All of these districts include buildings and building
facades of great historical, cultural, and architectural value.
(3) Taunton Green is the site where the Sons of Liberty
first raised the Liberty and Union Flag in 1774, an event that
helped to spark a popular movement, culminating in the American
Revolution, and Taunton citizens have been among the first to
volunteer for America's subsequent wars.
(4) Robert Treat Paine, a citizen of Taunton and the first
Attorney General of Massachusetts, was a signer of the
Declaration of Independence.
(5) Taunton was a leading community in the Industrial
Revolution, and its industrial area has been the site of many
innovations in such industries as silver manufacture, paper
manufacture, and ship building.
(6) The grounds of the Bristol County Courthouse Complex
were designed by Frederick Law Olmsted, who also designed many
other important national sites.
(7) Main Street and Summer Street, which connect many of
the historic districts, are home to several historically and
architecturally significant structures, including Taunton City
Hall and the Leonard Block building, 2 outstanding examples of
19th Century American architecture.
(8) The city and people of Taunton have preserved many
artifacts, gravesites, and important documents dating back to
1638 when Taunton was founded.
(9) Taunton was and continues to be an important
destination for immigrants from Europe and other parts of the
world who have helped to give Southeastern Massachusetts its
unique ethnic character.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``city'' means the city of Taunton,
Massachusetts.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of
Massachusetts.
SEC. 4. STUDY.
(a) In General.--The Secretary, in consultation with appropriate
State historic preservation officers, State historical societies, the
city, and other appropriate organizations, shall conduct a special
resources study regarding the suitability and feasibility of
designating certain historic buildings and areas in the city as a unit
of the National Park System.
(b) Requirements.--The study required under subsection (a) shall--
(1) be conducted and completed in accordance with section
8(c) of Public Law 91-383 (16 U.S.C. la-5(c)); and
(2) include analysis, documentation, and determinations
regarding whether the historic areas in Taunton--
(A) can be managed, curated, interpreted, restored,
preserved, and presented as an organic whole under
management--
(i) by the National Park Service; or
(ii) under an alternative management
structure;
(B) have an assemblage of cultural, historic, and
natural resources that together represent distinctive
aspects of the heritage of the United States worthy of
recognition, conservation, interpretation, and
continuing use;
(C) reflect traditions, customs, beliefs, and
historical events that are valuable parts of the
national story;
(D) provide outstanding--
(i) opportunities to conserve
architectural, cultural, historical, natural,
or scenic features; and
(ii) recreational and educational
opportunities; and
(E) can be managed by the National Park Service, in
partnership with residents, business interests,
nonprofit organizations, and State and local
governments, to develop a unit of the National Park
System consistent with State and local economic
activity.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available to carry out this Act, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that--
(1) describes the findings, conclusions, and
recommendations of the study; and
(2) includes a discussion and consideration of the concerns
expressed by private landowners with respect to designating
certain structures studied under this Act as a unit of the
National Park System. | Taunton, Massachusetts Special Resources Study Act - Directs the Secretary of the Interior to conduct a study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System (NPS). | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes."} | 942 | 56 | 0.494522 | 1.342556 | 0.531736 | 4.148936 | 19.914894 | 0.957447 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cabin Fee Act of
2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Cabin user fees.
Sec. 4. Payment of cabin transfer fees.
Sec. 5. Right of appeal and judicial review.
Sec. 6. Effect.
Sec. 7. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authorization; authorize.--The terms ``authorization''
and ``authorize'' mean the issuance of a special use permit for
the use and occupancy of National Forest System land by a cabin
owner under the Recreation Residence Program.
(2) Cabin.--The term ``cabin'' means a privately built and
owned recreation residence and related improvements on National
Forest System land that--
(A) is authorized for private use and occupancy;
and
(B) may be sold or transferred between private
parties.
(3) Cabin owner.--The term ``cabin owner'' means--
(A) a person authorized by the Secretary to use and
to occupy a cabin; and
(B) a trust, heir, or assign of a person described
in subparagraph (A).
(4) Cabin transfer fee.--The term ``cabin transfer fee''
means a fee that is paid to the United States on the transfer
of a cabin between private parties for money or other
consideration that results in the issuance of a new permit.
(5) Cabin user fee.--The term ``cabin user fee'' means an
annual fee paid to the United States by a cabin owner in
accordance with an authorization for the use and occupancy of a
cabin.
(6) Current appraisal cycle.--The term ``current appraisal
cycle'' means the completion of Forest Service review and
acceptance of--
(A) initial typical lot appraisals; and
(B) second appraisals, if ordered by cabin owners
and approved by the Forest Service.
(7) Current cabin user fee.--The term ``current cabin user
fee'' means the most recent cabin user fee, as adjusted under
section 3(c).
(8) Lot.--The term ``lot'' means a parcel of National
Forest System land on which a person is authorized to build,
use, occupy, and maintain a cabin.
(9) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609).
(10) Recreation residence program.--The term ``Recreation
Residence Program'' means the Recreation Residence Program
established under the last paragraph under the heading ``FOREST
SERVICE'' in the Act of March 4, 1915 (16 U.S.C. 497).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(12) Typical lot.--The term ``typical lot'' means a cabin
lot, or group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 3. CABIN USER FEES.
(a) Payment of Cabin User Fees.--Cabin owners shall pay an annual
cabin user fee established by the Secretary in accordance with this
section.
(b) Initial Cabin User Fees.--
(1) Establishment.--The Secretary shall establish initial
cabin user fees in accordance with this subsection.
(2) Assignment to value tiers.--On completion of the
current appraisal cycle, as required by paragraph (4), the
Secretary shall assign each permitted lot on National Forest
System land to 1 of 10 tiers based on the following
considerations:
(A) Before assigning the lots to tiers, all
appraised lot values shall be adjusted, or normalized,
for price changes occurring after the appraisal, in
accordance with the National Association of
Homebuilders/Wells Fargo Housing Opportunity Index.
(B) Second appraisal values shall supersede initial
lot appraisal values for the normalization and ranking
process under subparagraph (A).
(C) The tiers shall be established, on a national
basis, according to relative lot value, with lots
having the lowest adjusted appraised value assigned to
tier 1 and lots having the highest adjusted appraised
value assigned to tier 10.
(D) The number of lots (by percentage) assigned to
each tier is contained in the table set forth in
paragraph (3).
(E) Data from incomplete appraisals may not be used
to establish the fee tiers under this subsection.
(F) Until assigned to a tier under this subsection,
the Secretary shall assess (and may adjust annually
subject to clause (ii)) an interim fee for permitted
cabin lots (including lots with incomplete appraisals)
in an amount equal to the lesser of--
(i) $5,000; or
(ii) the amount of the current cabin user
fee, as determined under the Cabin User Fee
Fairness Act of 2000 (16 U.S.C. 6201 et seq.),
which amount the Secretary may increase
annually by not more than 25 percent, except
that the increased fee shall not exceed the
otherwise scheduled fee determined under the
Cabin User Fee Fairness Act of 2000.
(3) Amount of initial cabin user fees.--The initial cabin
user fees, based on the assignments under paragraph (2), are as
follows:
------------------------------------------------------------------------
Approximate Percent of
Fee Tier Permits Nationally Fee Amount
------------------------------------------------------------------------
Tier 1 5 percent $500
------------------------------------------------------------------------
Tier 2 12 percent $1,000
------------------------------------------------------------------------
Tier 3 22 percent $1,500
------------------------------------------------------------------------
Tier 4 22 percent $2,000
------------------------------------------------------------------------
Tier 5 10 percent $2,500
------------------------------------------------------------------------
Tier 6 9 percent $3,000
------------------------------------------------------------------------
Tier 7 7 percent $3,500
------------------------------------------------------------------------
Tier 8 5 percent $4,000
------------------------------------------------------------------------
Tier 9 5 percent $4,500
------------------------------------------------------------------------
Tier 10 3 percent $5,000
------------------------------------------------------------------------
(4) Deadline for completion of current appraisal cycle.--
Not later than 3 years after the date of enactment of this Act,
the Secretary shall complete the current appraisal cycle.
(5) Effective date.--The initial cabin user fees required
by this subsection shall take effect beginning with the first
calendar year beginning after the completion of the current
appraisal cycle.
(c) Annual Adjustments of Cabin User Fee.--Once initial cabin user
fees have been assessed, based on the tier assignments under subsection
(b)(2), the Secretary shall use changes in the Implicit Price Deflator
for the Gross Domestic Product published by the Bureau of Economic
Analysis of the Department of Commerce, applied on a 5-year rolling
average, to assess an annual adjustment to cabin user fees.
(d) Effect of Destruction, Substantial Damage, or Loss of Access.--
(1) In general.--The Secretary shall reduce the cabin user
fee to $100 per year for a cabin if--
(A) the cabin is destroyed or suffers substantial
damage in an amount that is greater than 50 percent of
replacement cost of the cabin; or
(B) access to the cabin is significantly impaired,
whether by catastrophic events, natural causes, or
governmental actions.
(2) Term of reduced fee.--The reduced fee under paragraph
(1) shall be in effect until the later of--
(A) the last day of the year in which the
destruction or impairment occurs; or
(B) the date on which the cabin may be lawfully
reoccupied and normal access has been restored.
SEC. 4. PAYMENT OF CABIN TRANSFER FEES.
As a condition of the issuance by the Secretary of a new
authorization for the use and occupancy of the cabin, the cabin owner
transferring the cabin shall pay to the Secretary a cabin transfer fee
in the amount of $1,200.
SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--
(1) In general.--Notwithstanding any action of a cabin
owner to exercise rights in accordance with section 6, the
Secretary shall by regulation grant to the cabin owner the
right to an administrative appeal of the determination of a new
cabin user fee, fee tier, or whether or not to reduce a cabin
user fee under section 3(d).
(2) Applicable law.--An appeal under paragraph (1) shall be
pursuant to the appeal process provided under subpart C of part
251 of title 36, Code of Federal Regulations (or a successor
regulation).
(b) Judicial Review.--
(1) In general.--A cabin owner that contests a final
decision of the Secretary under this Act may bring a civil
action in United States district court.
(2) Venue.--The venue for an action brought before the
United States district court under this subsection shall be in
the Federal judicial district in which the cabin is located.
(3) Effect on mediation.--Nothing in this Act precludes a
person from seeking mediation for an action under this Act.
SEC. 6. EFFECT.
(a) In General.--Nothing in this Act limits or restricts any right,
title, or interest of the United States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user fee in
the State of Alaska, the Secretary shall not establish or impose a
cabin user fee or a condition affecting a cabin user fee that is
inconsistent with 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 7. REGULATIONS.
Not later than December 31, 2013, the Secretary shall issue
regulations to carry out this Act.
Passed the House of Representatives September 10, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Cabin Fee Act of 2012 - Directs the Secretary of Agriculture (USDA) to set an annual fee for, and requires the payment of such fee to the United States by, an authorized owner of a privately built and owned recreational cabin located on National Forest System land.
Reduces such fee to $100 annually if access to a cabin is significantly impaired, either by natural causes or governmental actions.
Requires payment of a transfer fee to the United States upon the transfer of a cabin between private parties for consideration.
Requires the Secretary to grant a cabin owner the right to administrative appeal of a cabin fee decision, which may be reviewed by bringing a civil action in U.S. district court. | {"src": "billsum_train", "title": "To modify the Forest Service Recreation Residence Program by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes."} | 2,447 | 155 | 0.5721 | 1.553068 | 0.653948 | 2.30597 | 15.179104 | 0.88806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Assistance Transparency and
Accountability Act of 2013'' or the ``DATA Act of 2013''.
SEC. 2. DISASTER ASSISTANCE REPORTS.
(a) Disaster Assistance Spending Report.--
(1) Initial report.--Not later than 180 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall submit to Congress a report that
specifies--
(A) for each of the 10 fiscal years most recently
concluded before submission of the report, the amount
obligated by the Federal Government for disaster
assistance, including the amount obligated for disaster
assistance--
(i) by each Federal department or agency
that made an obligation relating to disaster
assistance; and
(ii) under each relevant program, project,
or activity of such department or agency; and
(B) for the fiscal year in which the report is
submitted, the amount projected to be obligated by the
Federal Government for disaster assistance, including
the amount projected to be obligated for disaster
assistance--
(i) by each Federal department or agency
that has made or may make an obligation
relating to disaster assistance; and
(ii) under each relevant program, project,
or activity of such department or agency.
(2) Annual report.--Each year in conjunction with the
President's annual budget submission to Congress under section
1105(a) of title 31, United States Code, the Director of the
Office of Management and Budget shall submit to Congress a
report that specifies--
(A) for the fiscal year for which the budget is
submitted, the amount projected to be obligated for
disaster assistance by--
(i) each Federal department or agency that
may make an obligation relating to disaster
assistance; and
(ii) each relevant program, project, or
activity of such department or agency;
(B) for the fiscal year in which the budget is
submitted, the amount projected to be obligated for
disaster assistance by--
(i) each Federal department or agency that
has made or may make an obligation relating to
disaster assistance; and
(ii) each relevant program, project, or
activity of such department or agency;
(C) for the most-recently concluded fiscal year,
the amount obligated for disaster assistance by--
(i) each Federal department or agency that
made an obligation relating to disaster
assistance; and
(ii) each relevant program, project, or
activity of such department or agency; and
(D) any corrections to reports previously submitted
under this subsection.
(b) Biennial Report Evaluating Effectiveness of Disaster Assistance
Spending.--Not later than 180 days after the date on which the report
under subsection (a)(1) is submitted, and every 2 years thereafter, the
Comptroller General of the United States shall submit to the Committee
on Appropriations and the Committee on the Budget of the House of
Representatives and the Committee on Appropriations and the Committee
on the Budget of the Senate a report that provides--
(1) an evaluation of Federal disaster assistance spending,
including the identification of areas of potential duplication,
waste, fraud, or abuse;
(2) recommendations on how Federal departments and agencies
can improve transparency in and better account for disaster
assistance spending to ensure that funds are spent in an
effective and efficient manner; and
(3) an evaluation of the effectiveness and equity of the
current system of cost-sharing with respect to disaster
assistance spending, including the system's effectiveness in
reducing the Federal cost of disaster assistance and promoting
non-Federal investment in disaster recovery, mitigation, and
preparedness.
(c) Definitions.--In this section, the following definitions apply:
(1) Disaster.--The term ``disaster'' means any natural,
accidental, or manmade catastrophe in any part of the United
States, including a territory or possession of the United
States, which causes, or which may cause, substantial damage or
injury, without regard to whether such catastrophe results in a
declaration of a major disaster or emergency under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Disaster assistance.--The term ``disaster assistance''
means any Federal activity, including the provision of
financial assistance, carried out to assist a public or private
entity affected by the occurrence of a disaster. | Disaster Assistance Transparency and Accountability Act of 2013 or the DATA Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to submit to Congress a report that specifies: (1) the amount obligated by the federal government for disaster assistance, by each agency and program thereof, for each of the preceding 10 fiscal years; and (2) the amount projected to be obligated for disaster assistance by each agency and program for the fiscal year in which the report is submitted. Requires the Director to submit to Congress, in conjunction with the President's annual budget submission, a report that specifies: (1) the amount projected to be obligated in the upcoming fiscal year for disaster assistance by each federal agency and program, (2) the amount obligated during the most-recently concluded fiscal year for disaster assistance by each federal agency and program, and (3) any corrections to previous reports. Directs the Comptroller General to report to the House and Senate appropriations and budget committees every two years on: (1) an evaluation of federal disaster assistance spending, including the identification of areas of potential duplication, waste, fraud, or abuse; (2) recommendations on how federal agencies can improve transparency in, and better account for, disaster assistance spending to ensure that funds are spent in an effective and efficient manner; and (3) an evaluation of the effectiveness and equity of the current system of cost-sharing with respect to disaster assistance spending, including the system's effectiveness in reducing the federal cost of disaster assistance and promoting non-federal investment in disaster recovery, mitigation, and preparedness. | {"src": "billsum_train", "title": "DATA Act of 2013"} | 947 | 340 | 0.716359 | 1.947563 | 0.862527 | 5.278846 | 2.875 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation for Tomorrow's Workforce
Act''.
SEC. 2. INNOVATION FUND.
Section 114 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2324) is amended--
(1) in subsection (d), by adding at the end the following:
``(6) Innovation.--
``(A) Grant program.--To identify and support
innovative strategies and activities to improve career
and technical education and align workforce skills with
labor market needs, the Secretary may award grants, by
using early-phase, mid-phase, and expansion grants, to
eligible entities to--
``(i) create, develop, implement, or take
to scale evidence-based, field-initiated
innovations, including through a pay for
success initiative to improve student outcomes
in career and technical education, which may
include activities that--
``(I) improve career and technical
education outcomes of students served
by eligible entities under this title;
``(II) improve career and technical
education teacher effectiveness;
``(III) improve the transition of
students from secondary education to
postsecondary education,
apprenticeships, or employment;
``(IV) improve the incorporation of
comprehensive work-based learning into
career and technical education;
``(V) increase the effective use of
technology within career and technical
education programs;
``(VI) support new models for
integrating academic content, career
and technical education, and pre-
apprenticeship and apprenticeship
content in such programs;
``(VII) support the development and
enhancement of innovative delivery
models for career and technical
education;
``(VIII) work with industry to
design and implement courses or
programs of study aligned to labor
market needs in new or emerging fields;
``(IX) integrate science,
technology, engineering, and
mathematics fields, including computer
science education, with career and
technical education;
``(X) support innovative approaches
to career and technical education by
redesigning the high school experience
for students, which may include
evidence-based transitional support
strategies for students who have not
met postsecondary education eligibility
requirements;
``(XI) improve career and technical
education concentrator employment
outcomes in nontraditional fields; or
``(XII) support the use of career
and technical education programs and
career and technical programs of study
in a coordinated strategy to address
identified employer needs and workforce
shortages, such as shortages in the
early childhood, elementary school, and
secondary school education workforce;
and
``(ii) rigorously evaluate such
innovations.
``(B) Matching funds.--
``(i) Matching funds required.--Except as
provided under clause (ii), to receive a grant
under this paragraph, an eligible entity shall
demonstrate that matching funds will be
provided, through cash or in-kind
contributions, from public or private sources
in an amount equal to not less than 25 percent
of the funds provided under such grant.
``(ii) Exception.--The Secretary may waive
the matching fund requirement under clause (i)
if the eligible entity demonstrates exceptional
circumstances.
``(C) Application.--To receive a grant under this
paragraph, an eligible entity shall submit to the
Secretary, at such time as the Secretary may require,
an application that--
``(i) identifies and designates the agency,
institution, or school responsible for the
administration and supervision of the program
assisted under this paragraph;
``(ii) provides an assurance that matching
funds will be obtained before implementation of
the grant;
``(iii) describes how the eligible entity
will use the grant funds, including how such
funds will directly benefit students, including
special populations, served by the eligible
entity; and
``(iv) describes how the program assisted
under this paragraph will be coordinated with
the activities carried out under section 124 or
135.
``(D) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to
applications from eligible entities that will
predominantly serve students from low-income families.
``(E) Geographic diversity.--In awarding grants
under this paragraph for a fiscal year, the Secretary
shall award not less than 25 percent of the total
amount of funds available for such fiscal year to
eligible entities proposing to fund career and
technical education activities that serve--
``(i) a local educational agency with an
urban-centric district locale code of 32, 33,
41, 42, or 43, as determined by the Secretary;
``(ii) an institution of higher education
primarily serving one or more areas served by
such a local educational agency;
``(iii) a consortium of such local
educational agencies or such institutions of
higher education;
``(iv) a partnership between--
``(I) an educational service agency
or a nonprofit organization; and
``(II) such a local educational
agency or such an institution of higher
education; or
``(v) a partnership between--
``(I) a grant recipient described
in clause (i) or (ii); and
``(II) a State educational agency.
``(F) Uses of funds.--An eligible entity that is
awarded a grant under this paragraph shall use the
grant funds in a manner consistent with subparagraph
(A)(i).
``(G) Evaluation.--Each eligible entity receiving a
grant under this paragraph shall--
``(i) provide for an independent evaluation
of the activities carried out using such grant;
and
``(ii) submit to the Secretary an annual
report that includes--
``(I) a description of how funds
received under this paragraph were
used;
``(II) the performance of the
eligible entity with respect to, at a
minimum, the performance indicators
described in section 113(b)(2), as
applicable, and disaggregated by--
``(aa) subgroups of
students described in section
1111(c)(2)(B) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 6311(c)(2)(B)),
as amended by the Every Student
Succeeds Act (Public Law 114-
95);
``(bb) special populations;
and
``(cc) as appropriate, each
career and technical education
program and career and
technical education program of
study; and
``(III) a quantitative analysis of
the effectiveness of the project
carried out under this paragraph.
``(H) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means a consortium that meets the
following requirements:
``(I) The consortium includes one
or more of the following:
``(aa) A local educational
agency.
``(bb) An educational
service agency.
``(cc) An area career and
technical education school.
``(dd) A postsecondary
educational institution
receiving funds under this Act.
``(ee) A State educational
agency.
``(ff) The Bureau of Indian
Education.
``(gg) A State
apprenticeship agency or
apprenticeship sponsor.
``(II) The consortium may also
include regional, State, or local
public or private organizations or
employers, including community-based
organizations.
``(III) The consortium is led by an
entity, or partnership of entities,
described in subclause (I) and
identified as the leader of the
eligible entity in its application
submitted under subparagraph (C).
``(ii) Pay for success initiative.--The
term `pay for success initiative' has the
meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(I) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this paragraph.''; and
(2) in subsection (e), by inserting ``(except for
subsection (d)(6))'' after ``section''.
SEC. 3. OPEN EDUCATION RESOURCES.
(a) State Leadership Activities.--Section 124(c) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c))
is amended--
(1) in paragraph (16)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (17), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(18) making all forms of instructional content widely
available, which may include use of open educational
resources;''.
(b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2355(c)) is
amended--
(1) in paragraph (19)(D), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (20) as paragraph (23); and
(3) by inserting after paragraph (19) the following:
``(20) to make all forms of instructional content widely
available, which may include use of open educational
resources;''.
SEC. 4. PAY-FOR-SUCCESS.
(a) State Leadership Activities.--Section 124(c) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)),
as amended by section 3, is further amended by adding at the end the
following:
``(19) supporting pay for success initiatives (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965); and''.
(b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2355(c)), as
amended by section 3, is further amended by inserting after paragraph
(20) the following:
``(21) to support pay for success initiatives (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965);''.
SEC. 5. WORK-BASED LEARNING OPPORTUNITIES AND APPRENTICESHIPS.
(a) State Leadership Activities.--Section 124(c) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)),
as amended by sections 3 and 4, is further amended by adding at the end
the following:
``(20) providing or supporting work-based learning
opportunities, which may include employer-led training
resulting in a recognized credential and apprenticeship
programs.''.
(b) Local Uses of Funds.--Section 135(b)(3) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2355(b)(3)) is
amended by striking ``which may include work-based learning
experiences'' and inserting ``which may include work-based learning
opportunities, such as employer-led training resulting in a recognized
credential and apprenticeship programs''.
SEC. 6. JOINT DEMONSTRATION PROJECTS.
(a) Evaluations.--Section 114(d)(2)(B) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)(2)(B)) is
amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) in clause (vii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(viii) the effectiveness of projects
authorized under paragraph (7), including
whether such projects achieved intended outcome
goals and improved the quality and alignment of
career and technical education and workforce
education and training programs.''.
(b) Joint Demonstration Projects.--Section 114(d) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)),
as amended by section 2, is further amended by adding at the end the
following:
``(7) Joint projects.--The Secretary, under the authority
provided under subparagraph (5), and the Secretary of Labor,
under the authority provided under sections 156 and 171 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3206,
3226), are authorized to carry out, in consultation with the
Director, joint experimental, research, pilot, or demonstration
projects regarding integrated, aligned, coordinated, and
effective career and technical education and workforce
education and training programs in order to address employment
and training needs.''.
SEC. 7. COMPETENCY-BASED EDUCATION.
Section 135(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2325(c)), as amended by sections 3 and
4, is further amended by inserting after paragraph (21) the following:
``(22) expanding opportunities for students to participate
in competency-based education programs; and''. | Innovation for Tomorrow's Workforce Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to authorize the Department of Education (ED) to award early-phase, mid-phase, or expansion grants to eligible entities, including local educational agencies and area career and technical education (CTE) schools, to: create, develop, implement, or take to scale evidence-based, field initiated innovations, including through a pay for success initiative to improve CTE student outcomes; and evaluate such innovations rigorously. Funding under the Act may be used by eligible agencies for state leadership activities and by eligible recipients for local uses to support CTE programs to: make all forms of instructional content widely available, which may include the use of open educational resources; and support pay for success initiatives. Funding under the Act may also be used by eligible agencies for state leadership activities to provide or support work-based learning opportunities for students, which may include employer-led training resulting in recognized credential and apprenticeship programs for such students. Funds received for local use shall be used for such activities. ED and the Department of Labor may carry out joint experimental, research, pilot, or demonstration projects regarding integrated, aligned, coordinated, and effective CTE and workforce education and training programs in order to address employment and training needs. The independent assessment of career and technical education programs required under such Act is expanded to include an evaluation of the effectiveness of such projects. Funding under the Act may be used by eligible agencies for local uses to expand opportunities for students to participate in competency-based education programs. | {"src": "billsum_train", "title": "Innovation for Tomorrow's Workforce Act"} | 2,876 | 328 | 0.695133 | 2.137681 | 0.950957 | 3.63141 | 8.63141 | 0.919872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Undetectable Firearms Modernization
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to data from the Federal Bureau of
Investigation, 8,583 of the 12,664 murders in the United States
in 2011 were committed using a firearm, and more than 57
percent of the murders that occurred in New York State were
perpetrated with a firearm;
(2) the ability to produce a receiver for a firearm in the
home would circumvent a number of laws, because the receiver is
the component of the firearm that bears its serial number, as
required by regulations;
(3) digital manufacturing technologies, including but not
limited to computer numerical control mills (``CNC mills''), 3-
dimensional printers (``3D printers''), and laser cutting
machines, are quickly advancing to a point where it will soon
be possible to fabricate fully operational firearm components;
and
(4) some commercially available products that utilize
digital manufacturing technologies to manufacture objects are
able to manufacture these objects using materials that are
unable to be detected by traditional metal detectors, and may
not present an accurate image on an x-ray.
SEC. 3. REAUTHORIZATION OF BAN ON UNDETECTABLE FIREARMS.
Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C.
922 note) is amended by striking ``25'' and inserting ``35''.
SEC. 4. BAN EXTENDED TO UNDETECTABLE FIREARM RECEIVERS MADE BY
INDIVIDUALS.
Section 922(p) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``It shall be unlawful'' and all that follows
and inserting ``It shall be unlawful--''; and
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) for any person to manufacture, import, sell, ship,
deliver, possess, transfer, or receive any firearm--
``(i) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or
``(ii) any major component of which, when subjected
to inspection by the types of x-ray machines commonly
used at airports, does not generate an image that
accurately depicts the shape of the component, except
that barium sulfate or other compounds may be used in
the fabrication of the component; and
``(B) for any person--
``(i) to import, sell, ship, deliver, possess,
transfer, or receive any receiver for a rifle, or
receiver for a handgun, manufactured by a person who is
not a licensed manufacturer--
``(I) that is not as detectable as the
Receiver Security Exemplar for a rifle or for a
handgun, as the case may be, by walk-through
metal detectors calibrated and operated to
detect that Receiver Security Exemplar; or
``(II) which, when subjected to inspection
by the types of x-ray machines commonly used at
airports, does not generate an image that
accurately depicts the shape of the receiver,
except that barium sulfate or other compounds
may be used in the fabrication of the receiver;
or
``(ii) who is not a licensed manufacturer to
manufacture any receiver for a rifle, or receiver for a
handgun, described in subclause (I) or (II) of clause
(i).'';
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following:
``(D) the term `Receiver Security Exemplar' means, with
respect to a rifle or a handgun, an object, to be fabricated at
the direction of the Attorney General, that is--
``(i) constructed of, during the 12-month period
beginning on the date of the enactment of this
subparagraph, 3.7 ounces of material type 17-4 PH
stainless steel in a shape resembling the lower
receiver for a rifle or for a handgun, as the case may
be; and
``(ii) suitable for testing and calibrating metal
detectors:
Provided, however, That at the close of such 12-month period,
and at appropriate times thereafter the Attorney General shall
promulgate regulations to permit the manufacture, importation,
sale, shipment, delivery, possession, transfer, or receipt of
receivers for a rifle or receivers for a handgun, that were
previously prohibited under this subparagraph that are as
detectable as the `Receiver Security Exemplar' for a rifle or
for a handgun, as the case may be, which contains 3.7 ounces of
material type 17-4 PH stainless steel, in a shape resembling
the lower receiver for a rifle or for a handgun, as the case
may be, or such lesser amount as is detectable in view of
advances in state-of-the-art developments in weapons detection
technology.'';
(3) in paragraph (3)--
(A) by inserting ``or receiver'' after ``firearm''
each place it appears; and
(B) by inserting ``or receivers'' after
``firearms'';
(4) in each of paragraphs (4) and (5), by inserting ``or
receiver'' after ``firearm'' each place it appears; and
(5) in paragraph (6)--
(A) by striking ``with respect to any firearm'' and
inserting the following: ``with respect to--
``(A) any firearm'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) any receiver manufactured in, imported into, or
possessed in the United States before the date of the enactment
of the Undetectable Firearms Modernization Act.''.
SEC. 5. BAN EXTENDED TO UNDETECTABLE AMMUNITION MAGAZINES MADE BY
INDIVIDUALS.
Section 922(p) of title 18, United States Code, as amended by
section 4 of this Act, is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(A)(ii);
(B) by striking the period at the end of
subparagraph (B)(ii) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) for any person--
``(i) to import, sell, ship, deliver, possess,
transfer, or receive any ammunition magazine,
manufactured by a person who is not a licensed
manufacturer--
``(I) that, after removal of the spring and
follower, is not as detectable as the Magazine
Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the
Magazine Security Exemplar; or
``(II) which, when subjected to inspection
by the types of x-ray machines commonly used at
airports, does not generate an image that
accurately depicts the shape of the magazine;
or
``(ii) who is not a licensed manufacturer to
manufacture any ammunition magazine described in
subclause (I) or (II) of clause (i).'';
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following:
``(E) the term `Magazine Security Exemplar' means an
object, to be fabricated at the direction of the Attorney
General, that is--
``(i) constructed of, during the 12-month period
beginning on the date of the enactment of this
subparagraph, 1 ounce of material type 17-4 PH
stainless steel in a shape resembling an ammunition
magazine; and
``(ii) suitable for testing and calibrating metal
detectors:
Provided, however, That at the close of such 12-month period,
and at appropriate times thereafter the Attorney General shall
promulgate regulations to permit the manufacture, importation,
sale, shipment, delivery, possession, transfer, or receipt of
ammunition magazines previously prohibited under this
subparagraph that are as detectable as a `Magazine Security
Exemplar' which contains 1 ounce of material type 17-4 PH
stainless steel, in a shape resembling an ammunition magazine,
or such lesser amount as is detectable in view of advances in
state-of-the-art developments in weapons detection
technology.'';
(3) in paragraph (3)--
(A) by striking ``firearm or receiver'' each place
it appears and inserting ``firearm, receiver, or
ammunition magazine''; and
(B) by striking ``firearms or receivers'' and
inserting ``firearms, receivers, or ammunition
magazines'';
(4) in each of paragraphs (4) and (5), by striking
``firearm or receiver'' each place it appears and inserting
``firearm, receiver, or ammunition magazine''; and
(5) in paragraph (6)(B), by inserting ``or ammunition
magazine'' after ``receiver''. | Undetectable Firearms Modernization Act - Amends the Undetectable Firearms Act of 1988 to: (1) delay the repeal date of such Act for 10 years, and (2) extend the prohibitions against undetectable firearms in such Act to specified firearm receivers and ammunition magazines. Prohibits the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of any receiver for a rifle or handgun, or of any ammunition magazine, that: (1) is manufactured by a person who is not a licensed manufacturer, (2) is not as detectable as the Receiver Security Exemplar or the Magazine Security Exemplar by walk-through metal detectors, or (3) does not generate an image that accurately depicts the shape of a receiver or an ammunition magazine when subjected to inspection by airport x-ray machines. Defines "Receiver Security Exemplar" and "Magazine Security Exemplar" as objects fabricated at the direction of the Attorney General that are: (1) constructed, respectively, of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling the lower receiver for a rifle or handgun, or of 1 ounce of material type 17-4 PH stainless steel in a shape resembling an ammunition magazine; and (2) suitable for testing and calibrating metal detectors. Directs the Attorney General to promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers or magazines that were previously prohibited but that become as detectable as their respective Exemplars in view of advances in weapons detection technology. | {"src": "billsum_train", "title": "Undetectable Firearms Modernization Act"} | 2,195 | 351 | 0.627263 | 2.302005 | 0.802048 | 4.842282 | 6.714765 | 0.922819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Fuels Tax Incentives
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1)(A) Since 1994, the United States has imported over half
its oil.
(B) Without efforts to mitigate this dependence on foreign
oil, the percentage of oil imported is expected to grow to all-
time highs.
(C) This reliance on foreign oil presents a national
security risk, which Congress should address through policy
changes designed to increase the use of domestically-available
alternative transportation fuels.
(2)(A) The importing of a majority of the oil used in the
United States contributes negatively to the balance of trade of
the United States.
(B) Assuring the Nation's economic security demands the
development and promotion of domestically-available alternative
transportation fuels.
(3) More widespread use of alternative-fuels vehicles will
help alleviate any adverse environmental consequences that may
result from the Nation's dependence on oil as a transportation
fuel.
(4) In order to encourage the purchase of alternative fuel
vehicles by individuals and businesses, the installation of
alternative fueling infrastructure by fuel suppliers, and the
use of alternative fuels in business and personal
transportation, tax credits are temporarily needed to make
buying and operating alternative fuels vehicles economically
viable compared with conventional fuel vehicles.
(5)(A) In the short-term, United States alternative fuel
policy must be made fuel neutral.
(B) Fuel neutrality will foster private innovation and
commercialization using the most technologically feasible and
economic fuels available.
(C) This will allow market forces to decide the alternative
fuel winners and losers.
SEC. 3. CREDIT FOR ALTERNATIVE FUEL VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by inserting after section 30A the following:
``SEC. 30B. CREDIT FOR ALTERNATIVE FUEL VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter an amount equal to the
applicable percentage of the incremental cost of any qualified
alternative fuel motor vehicle placed in service by the taxpayer during
the taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage with respect to any qualified alternative fuel
motor vehicle is--
``(1) 50 percent, plus
``(2) 35 percent, if such vehicle--
``(A) has a gross weight vehicle rating of less
than 14,000 pounds, and
``(i) has received a certificate of
conformity under the Clean Air Act and meets or
exceeds the most stringent standard available
for certification under the Clean Air Act for
that make and model year vehicle (other than a
zero emission standard), or
``(ii) has received an order certifying the
vehicle for sale in California and meets or
exceeds the most stringent standard available
for certification under the laws of the State
of California for that make and model year
vehicle (other than a zero emission standard),
or
``(B) has a gross weight vehicle rating of 14,000
or more pounds, and
``(i) has received a certificate of
conformity under the Clean Air Act at emissions
levels that are not more than 50 percent of the
standard applicable to a vehicle of that make
and model year, or
``(ii) has received an order certifying the
vehicle for sale in California at emissions
levels that are not more than 50 percent of the
standard applicable under the laws of the State
of California to a vehicle of that make and
model year.
``(c) Incremental Cost.--For purposes of this section, the
incremental cost of any qualified alternative fuel motor vehicle is
equal to the amount of the excess of the manufacturer's suggested
retail price for such vehicle over such price for a gasoline or diesel
fuel motor vehicle of the same model, to the extent such amount does
not exceed--
``(1) $5,000, if such vehicle has a gross vehicle weight
rating of not more than 8,500 pounds,
``(2) $10,000, if such vehicle has a gross vehicle weight
rating of more than 8,500 pounds but not more than 14,000
pounds,
``(3) $25,000, if such vehicle has a gross vehicle weight
rating of more than 14,000 pounds but not more than 26,000
pounds, and
``(4) $50,000, if such vehicle has a gross vehicle weight
rating of more than 26,000 pounds.
``(d) Qualified Alternative Fuel Motor Vehicle Defined.--For
purposes of this section, the term `qualified alternative fuel motor
vehicle' means any motor vehicle--
``(1) which is only capable of operating on an alternative
fuel,
``(2) the original use of which commences with the
taxpayer, and
``(3) which is acquired by the taxpayer for use or to
lease, but not for resale.
``(e) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, and 30, over
``(2) the tentative minimum tax for the taxable year.
``(f) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Alternative fuel.--The term `alternative fuel' means
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, hydrogen, and any liquid at least 85 percent of
the volume of which consists of methanol.
``(2) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(3) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed (determined without regard to subsection (e).
``(4) No double benefit.--The amount of any deduction or
credit allowable under this chapter for any incremental cost
taken into account in computing the amount of the credit
determined under subsection (a) shall be reduced by the amount
of such credit attributable to such cost.
``(5) Leased vehicles.--No credit shall be allowed under
subsection (a) with respect to a leased motor vehicle unless
the lease documents clearly disclose to the lessee the specific
amount of any credit otherwise allowable to the lessor under
subsection (a).
``(6) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(7) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(8) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2007.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (26), by
striking the period at the end of paragraph (27) and inserting
``, and'', and by adding at the end the following:
``(28) to the extent provided in section 30B(f)(3).''.
(2) Section 53(d)(1)(B)(iii) of such Code is amended by
inserting ``, or not allowed under section 30B solely by reason
of the application of section 30B(e)(2)'' before the period.
(3) Section 55(c)(2) of such Code is amended by inserting
``30B(e),'' after ``30(b)(3)''.
(4) Section 6501(m) is amended by inserting ``30B(f)(8),''
after ``30(d)(4),''.
(5) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30A the following:
``Sec. 30B. Credit for alternative fuel vehicles.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000, in taxable
years ending after such date.
SEC. 4. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) Amount of Credit.--
(1) In general.--Section 30(a) of the Internal Revenue Code
of 1986 (relating to allowance of credit) is amended by
striking ``10 percent of''.
(2) Limitation of credit according to type of vehicle.--
Section 30(b) of such Code (relating to limitations) is
amended--
(A) by striking paragraphs (1) and (2) and
inserting the following new paragraph:
``(1) Limitation according to type of vehicle.--The amount
of the credit allowed under subsection (a) for any vehicle
shall not exceed the greatest of the following amounts
applicable to such vehicle:
``(A) In the case of a vehicle with a rated top
speed not exceeding 50 miles per hour, the lesser of--
``(i) 10 percent of the cost of the
vehicle, or
``(ii) $4,250.
``(B) In the case of a vehicle with a gross vehicle
weight rating not exceeding 8,500 pounds and a rated
top speed exceeding 50 miles per hour, $4,250.
``(C) In the case of a vehicle capable of a driving
range of at least 100 miles on a single charge of the
vehicle's rechargeable batteries and measured pursuant
to the urban dynamometer schedules under appendix I to
part 86 of title 40, Code of Federal Regulations,
$6,375.
``(D) In the case of a vehicle capable of a payload
capacity of at least 1000 pounds, $6,375.
``(E) In the case of a vehicle with a gross vehicle
weight rating exceeding 8,500 but not exceeding 14,000
pounds, $8,500.
``(F) In the case of a vehicle with a gross vehicle
weight rating exceeding 14,000 but not exceeding 26,000
pounds, $21,250.
``(G) In the case of a vehicle with a gross vehicle
weight rating exceeding 26,000 pounds, $42,500.'', and
(B) by redesignating paragraph (3) as paragraph
(2).
(3) Conforming amendments.--
(A) Section 53(d)(1)(B)(iii) of such Code is
amended by striking ``section 30(b)(3)(B)'' and
inserting ``section 30(b)(2)(B)''.
(3) Section 55(c)(2) of such Code is amended by striking
``30(b)(3)'' and inserting ``30(b)(2)''.
(b) Qualified Electric Vehicle.--Section 30(c)(1)(A) of the
Internal Revenue Code of 1986 (defining qualified electric vehicle) is
amended to read as follows:
``(A) which is powered primarily by an electric
motor drawing current from rechargeable batteries, fuel
cells which generate electrical current from an
alternative fuel (as defined in section 30B(f)(1)), or
other portable sources of electrical current generated
on board the vehicle from an alternative fuel (as so
defined),''.
(c) Additional Special Rules.--Section 30(d) of the Internal
Revenue Code of 1986 (relating to special rules) is amended by adding
at the end the following new paragraphs:
``(5) No double benefit.--The amount of any deduction or
credit allowable under this chapter for any cost taken into
account in computing the amount of the credit determined under
subsection (a) shall be reduced by the amount of such credit
attributable to such cost.
``(6) Leased vehicles.--No credit shall be allowed under
subsection (a) with respect to a leased motor vehicle unless
the lease documents clearly disclose to the lessee the specific
amount of any credit otherwise allowable to the lessor under
subsection (a).''.
(d) Extension.--Section 30(e) of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``2004'' and inserting
``2007''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000, in taxable
years ending after such date.
SEC. 5. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE
FUEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 40 the following:
``SEC. 40A. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR
VEHICLE FUEL.
``(a) General Rule.--For purposes of section 38, the alternative
fuel retail sales credit of any taxpayer for any taxable year is 25
cents for each gasoline gallon equivalent of alternative fuel sold at
retail by the taxpayer during such year as a fuel to propel any
qualified motor vehicle.
``(b) Definitions.--For purposes of this section--
``(1) Alternative fuel.--The term `alternative fuel' means
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, hydrogen, and any liquid at least 85 percent of
the volume of which consists of methanol.
``(2) Gasoline gallon equivalent.--The term `gasoline
gallon equivalent' means, with respect to any alternative fuel,
the amount (determined by the Secretary) of such fuel having a
Btu content of 114,000.
``(3) Qualified motor vehicle.--The term `qualified motor
vehicle' means any motor vehicle (as defined in section
179A(e)(2)) which meets any applicable Federal or State
emissions standards with respect to each fuel by which such
vehicle is designed to be propelled.
``(4) Sold at retail.--
``(A) In general.--The term `sold at retail' means
the sale, for a purpose other than resale, after
manufacture, production, or importation.
``(B) Use treated as sale.--If any person uses
alternative fuel as a fuel to propel any qualified
motor vehicle (including any use after importation)
before such fuel is sold at retail, then such use shall
be treated in the same manner as if such fuel were sold
at retail as a fuel to propel such a vehicle by such
person.
``(c) No Double Benefit.--The amount of any deduction or credit
allowable under this chapter for any fuel taken into account in
computing the amount of the credit determined under subsection (a)
shall be reduced by the amount of such credit attributable to such
fuel.
``(d) Pass-Thru in the Case of Estates and Trusts.--Under
regulations prescribed by the Secretary, rules similar to the rules of
subsection (d) of section 52 shall apply.
``(e) Termination.--This section shall not apply to any fuel sold
at retail after December 31, 2007.''.
(b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the alternative fuel retail sales credit determined
under section 40A(a).''.
(c) Transitional Rule.--Section 39(d) of the Internal Revenue Code
of 1986 (relating to transitional rules) is amended by adding at the
end the following:
``(9) No carryback of section 40a credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the alternative fuel retail sales
credit determined under section 40A(a) may be carried back to a
taxable year ending before January 1, 2001.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 40 the
following:
``Sec. 40A. Credit for retail sale of alternative fuels as
motor vehicle fuel.''.
(e) Effective Date.--The amendments made by this section shall
apply to fuel sold at retail after December 31, 2000, in taxable years
ending after such date.
SEC. 6. EXTENSION OF DEDUCTION FOR CERTAIN REFUELING PROPERTY.
(a) In General.--Section 179A(f) of the Internal Revenue Code of
1986 (relating to termination) is amended by striking ``2004'' and
inserting ``2007''.
(b) Conforming Amendment.--Section 179A(c) of the Internal Revenue
Code of 1986 (relating to qualified clean-fuel vehicle property
defined) is amended by striking paragraph (3).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000, in taxable
years ending after such date. | Increases the credit for qualified electric vehicles.
Provides that, for purposes of the general business credit, the alternative fuel retail sales credit of any taxpayer for any taxable year is 25 cents for each gasoline gallon equivalent of alternative fuel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle.
Extends, for three years, the deduction for clean-fuel vehicles and certain refueling property. | {"src": "billsum_train", "title": "Alternative Fuels Tax Incentives Act"} | 3,968 | 93 | 0.505981 | 1.239686 | 0.057224 | 6.95122 | 43.890244 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jeremy Bell Act of 2011''.
SEC. 2. OFFENSE.
(a) In General.--Chapter 98 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1822. Transfers for employment of individuals engaging in child
sex acts
``(a) Prohibition on the Interstate Transfer of Child Sex
Offenders.--Whoever, being an employer, directs, causes, persuades,
induces, or entices the travel in interstate commerce of an employee in
one State with the purpose or effect of facilitating the employment of
such employee in another State, if the employer knows that such
employee engaged in a sexual conduct with an individual who has not
attained the age of 18 years, shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `sexual conduct' means any sexual conduct,
unless the employee was convicted of a crime for that conduct
and has satisfied the terms and conditions imposed as a result
of that conviction, if the conduct--
``(A) is a sexual act or sexual contact as those
terms are defined in section 2246;
``(B) occurred during the course of employment; and
``(C) would constitute a felony violation of the
criminal law applicable where it took place; and
``(2) the term `State' includes the District of Columbia
and any other territory or possession of the United States.''.
(b) Clerical Amendment.--The table of contents for chapter 98 of
title 18, United States Code, is amended by adding after the item
relating to section 1821 the following new item:
``1822. Transfers for employment of individuals engaging in child sex
acts.''.
SEC. 3. SCHOOLS REQUIRED TO CARRY OUT BACKGROUND CHECKS ON ALL
EMPLOYEES.
The Elementary and Secondary Education Act of 1965 is amended as
follows:
(1) Amendment to esea.--Subpart 2 of part E of title IX is
amended by adding at the end the following:
``SEC. 9537. BACKGROUND CHECKS ON ALL EMPLOYEES.
``A private or public elementary school, a private or public
secondary school, a local educational agency, or State educational
agency may receive funds under this Act for a fiscal year only if the
school or agency has in effect a policy that ensures that every
individual employed by the school or agency has undergone a
fingerprint-based check of the national crime information databases (as
described in subsection (b) of section 153 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16962)) and, where
possible, a fingerprint-based check of State criminal history databases
(as described in subsection (c) of such section).''.
(2) Table of contents.--The table of contents at the
beginning of such Act is amended by adding after the item
relating to section 9536 the following new item:
``9537. Background checks on all employees.''.
SEC. 4. STATE LAW.
(a) Amendment to ESEA.--The Elementary and Secondary Education Act
of 1965 is amended by inserting after section 9537 (as added by section
3), the following:
``SEC. 9538. STATE LAW.
``(a) State Law on Reporting Incidents of Sexual Conduct Involving
a Minor.--As a condition of receiving funds under this Act, a State
shall have in effect and be enforcing a State law and State policy
that, as determined by the Secretary, ensures the following:
``(1) Individuals employed at a school located in the State
report to law enforcement officials any known or suspected
incidents of sexual conduct involving a minor and an individual
employed at the school or any other school in the State.
``(2) The State ensures that any individual who violates
paragraph (1) by failing to report to law enforcement officials
any such incidents is fined or otherwise penalized.
``(3) The State makes available in an interstate
clearinghouse to schools, local educational agencies, and State
educational agencies, the identity of any individual--
``(A) who was reported under paragraph (1) as being
involved in an incident of sexual conduct with a minor;
and
``(B) whose employment at a school in the State was
terminated as a result of the incident.
``(4) The State creates safeguards to ensure that the
information described in paragraph (3) is only made available
to schools, local educational agencies, and State educational
agencies, and not the general public.
``(b) Regulations.--The Secretary shall prescribe regulations on--
``(1) how a State shall carry out the requirements of
subsection (a); and
``(2) how a State shall report to the schools in the State,
the termination of the employment at a school of an individual
described in subsection (a)(3).
``(c) Definitions.--For purposes of this section--
``(1) Minor.--The term `minor' means an individual who is
under 18 years of age.
``(2) School.--The term `school' means an entity that--
``(A) is a public or private--
``(i) day or residential elementary school
or secondary school; or
``(ii) early childhood, elementary school,
or secondary school program that is under the
jurisdiction of a school, local educational
agency, educational service agency, or other
educational institution or program; and
``(B) receives, or serves students who receive,
support in any form from any program supported, in
whole or in part, with funds appropriated to the
Department of Education.
``(3) Sexual conduct.--The term `sexual conduct' has the
meaning given the term in section 1822 of title 18, United
States Code.''.
(b) Table of Contents.--The table of contents at the beginning of
such Act is amended by adding after the item relating to section 9537
the following new item:
``9538. State law.''. | Jeremy Bell Act of 2011 - Amends the federal criminal code to prohibit an employer from directing, causing, persuading, inducing, or enticing the travel of an employee in one state to employment in another state if the employer knows that the employee engaged in sexual conduct with a person under age 18 that would constitute a felony where such conduct occurred during the course of employment. Sets penalties for violations.
Amends the Elementary and Secondary Education Act of 1965 to authorize a private or public elementary or secondary school, a local educational agency, or a state educational agency to receive funds under such Act only if it has in effect a policy that ensures that every individual employed by it has undergone a fingerprint-based check of the national crime information databases and, where possible, of state criminal history databases.
Conditions a state's receipt of funds under such Act on enforcement of a state law and policy that ensures that: (1) individuals employed at a school located in the state report to law enforcement officials any incidents of sexual conduct involving a minor and an individual employed at any school in the state; (2) employees who fail to report such incidents are penalized; (3) the state makes available in an interstate clearinghouse to schools, local educational agencies, and state educational agencies the identity of any individual who was so reported and whose employment was terminated as a result; and (4) such information is only made available to schools, local educational agencies, and state educational agencies, not the general public. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide penalties with respect to employers' conduct relating to persons engaging in sexual conduct with children, and for other purposes."} | 1,401 | 328 | 0.65447 | 1.915967 | 0.733634 | 4.746575 | 4.390411 | 0.938356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Groundwater Resource
Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a reliable source of groundwater is an essential
element of the economy of the communities on the High Plains;
(2) the High Plains Aquifer consists largely of the
Ogallala Aquifer with small components of other geologic units;
(3) the High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the 20th century;
(4) the decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, with areas in the
States of Kansas, New Mexico, Oklahoma, and Texas experiencing
declines of over 100 feet from 1950 to 2007;
(5)(A) the saturated thickness of the High Plains Aquifer
has declined by over 50 percent in some areas; and
(B) the percentage of the High Plains Aquifer that has a
saturated thickness of 100 feet or more declined from 54
percent to 51 percent in the period from 1980 to 2007;
(6) the decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains;
(7) hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a local
level of up to 100 square miles, have a very time-limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures;
(8) incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the High Plains that is sustainable;
and
(9) for water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purpose.--The purpose of this Act is to promote groundwater
conservation on the High Plains in order to extend the useable life of
the High Plains Aquifer.
SEC. 3. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES
PROGRAM.
The Food Security Act of 1985 is amended by inserting after section
1240R (16 U.S.C. 3839bb-5) the following:
``SEC. 1240S. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES
PROGRAM.
``(a) Definitions.--In this section:
``(1) High plains.--The term `High Plains' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the High Plains Aquifer States.
``(2) High plains aquifer.--The term `High Plains Aquifer'
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, entitled
`Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming'.
``(3) High plains aquifer states.--The term `High Plains
Aquifer States' means the States of Colorado, Kansas, Nebraska,
New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.
``(4) Program.--The term `Program' means the High Plains
Aquifer Groundwater Conservation Incentives Program described
in subsection (b)(1).
``(b) Program.--
``(1) In general.--For each of fiscal years 2011 through
2020, the Secretary shall offer to enter into contracts with
producers in the High Plains Aquifer States through a High
Plains Aquifer Groundwater Conservation Incentives Program in
accordance with this section.
``(2) Goal.--The goal of the Program shall be to achieve
significant per-acre savings of the groundwater resources of
the High Plains Aquifer.
``(c) Participation.--
``(1) In general.--The Secretary shall ensure, to the
maximum extent practicable, that producers on land drawing
water from the High Plains Aquifer throughout the High Plains
region shall have an opportunity to participate in the Program.
``(2) Priority.--The participation of producers in areas
experiencing significant aquifer level declines shall be given
a priority.
``(d) Transfer of Water Rights.--A producer on land drawing water
from the High Plains Aquifer who agrees, beginning on the date on which
the producer enters into a contract under this section with the
Secretary, not to irrigate all or part of the land and to transfer the
water rights of the producer for the nonirrigated land to the
applicable High Plains Aquifer State shall be eligible for incentive
payments in accordance with this section.
``(e) Payments.--
``(1) In general.--In exchange for an agreement not to
irrigate all or part of land described in subsection (d), the
Secretary shall make 1 or more incentive payments to a producer
(as determined under paragraph (2)) in an amount equal to the
difference between, as determined by the Secretary--
``(A) the average amount of payments that the
producer received under title I of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et
seq.) on the land when irrigating the land, as
determined using the average amount of payments
received by the producer for the 10 most recent crop
years preceding the date of the Program contract; and
``(B) the amount of payments that the producer
would be expected to receive under title I of that Act
on the land after conversion to dryland production for
those 10 most recent crop years.
``(2) Form.--In exchange for an agreement described in
subsection (d), a producer may elect to receive--
``(A) 1 lump-sum incentive payment for the entire
term of the agreement in the amount determined under
paragraph (1); or
``(B) annual incentive payments for each year of
the agreement that total, in the aggregate, the amount
determined under paragraph (1).
``(f) Modifications or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with a producer
under this section if--
``(A) the producer agrees to the modification or
termination;
``(B) the Secretary determines that the
modification or termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this section if the Secretary determines that
the producer violated the contract.
``(g) Duties of Producers.--To receive incentive payments described
in subsection (e), a producer shall agree--
``(1) to transfer water rights under subsection (d);
``(2) to implement required practices as agreed to in the
contract with the Secretary; and
``(3) to comply with such additional conditions as the
Secretary determines are necessary to carry out this section.
``(h) Limitation of Payments.--The total amount of payments paid to
any 1 producer under this section may not exceed $50,000.
``(i) State Administration.--On application by a High Plains
Aquifer State, and approval by the Secretary, the Secretary may provide
funding on an annual basis to the State to carry out, in lieu of the
Secretary, the activities described in this section.
``(j) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section such sums as are
necessary.''. | High Plains Groundwater Resource Conservation Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture, for each of FY2011-FY2020, to enter into contracts with producers in the High Plains Aquifer states (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming) through a High Plains Aquifer Groundwater Conservation Incentives Program, aimed at achieving significant per-acre savings of groundwater resources of the High Plains Aquifer.
Directs the Secretary to ensure that producers on land drawing water from that Aquifer throughout the High Plains region have an opportunity to participate in the Program. Requires producers in areas experiencing significant aquifer level declines to be given priority.
Provides for incentive payments for a producer on land drawing water from the Aquifer who agrees not to irrigate all or part of the land and to transfer the producer's water rights for the nonirrigated land to the applicable High Plains Aquifer state. | {"src": "billsum_train", "title": "A bill to further continued economic viability in the communities on the High Plains by promoting sustainable groundwater management of the Ogallala Aquifer."} | 1,760 | 226 | 0.585262 | 1.707416 | 0.769289 | 5.193182 | 8.909091 | 0.943182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Building Code Incentive Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mitigation planning is the foundation for saving lives,
protecting residential and commercial properties, and
developing disaster resistant communities;
(2) recent studies of the performance of building
structures during disasters have demonstrated that the adoption
and active enforcement of State building codes have greatly
reduced residential and commercial property damage and personal
injury resulting from major disasters;
(3) modern building codes govern all aspects of
construction and are designed to ensure that single-family
residential dwellings and commercial structures are protected
from natural disasters;
(4) the people of the United States rely on active
enforcement of modern building codes for assurance that minimum
standards for reducing personal injuries and property damages
have been met in the buildings they live in, work in, and visit
everyday;
(5) active enforcement of building codes plays an
increasingly important role in public safety and loss
prevention of residential and commercial property;
(6) active enforcement of building codes based on
nationally recognized models reduces the need for public
disaster aid, creates sustainable communities, promotes a level
and consistent playing field for design professionals,
suppliers, and builders, and can contribute to the durability
of residential and commercial structures;
(7) under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal
Emergency Management Agency provides Federal assistance to
States for mitigation efforts;
(8) it is beneficial and appropriate to expand Federal
mitigation assistance to encourage States to take a
comprehensive and integrated approach to disaster loss
reduction; and
(9) it is beneficial to the Federal Government and
appropriate that Federal mitigation assistance be used to
encourage the adoption and active enforcement of State building
codes as a disaster mitigation strategy under the auspices of a
comprehensive disaster loss reduction plan.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) substantially mitigate the occurrence of loss to
residential and commercial property, reduce and minimize damage
when losses to residential and commercial property occur,
improve the quality and value of residential and commercial
property, and reduce the need for public disaster aid;
(2) provide incentives for the adoption and active
enforcement of State building codes;
(3) encourage States to continue their key responsibility
to coordinate all State and local activities relating to hazard
evaluation and mitigation, as specified in section 201.3(c) of
title 44, Code of Federal Regulations, through the adoption and
active enforcement of State building codes; and
(4) encourage States to require that local governments use
a current version of a nationally applicable model building
code that address natural hazards as a basis for design and
construction of State-sponsored mitigation projects described
in section 201.5(b)(4)(iv) of title 44, Code of Federal
Regulations.
SEC. 4. ADDITIONAL MITIGATION ASSISTANCE.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(d) Additional Mitigation Assistance.--
``(1) In general.--If, at the time of a declaration of a
major disaster, the affected State has in effect and is
actively enforcing throughout the State an approved State
building code, the President may increase the maximum total of
contributions under this section for the major disaster, as
specified in subsection (a) and section 322(e), by an amount
equal to 4 percent of the estimated aggregate amount of grants
to be made (less any associated administrative costs) under
this Act with respect to the major disaster.
``(2) Submission.--To be eligible for an increased Federal
share under paragraph (1), a State, at least once every 6
years, shall submit its State building code to the President
for approval.
``(3) Approval.--The President shall approve a State
building code submitted under paragraph (2) if the President
determines that the building code--
``(A) is consistent with the most recent version of
a nationally recognized model building code;
``(B) has been adopted by the State within 6 years
of the most recent version of the nationally recognized
model building code; and
``(C) uses the nationally recognized model building
code as a minimum standard.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Actively enforcing.--The term `actively
enforcing' means effective jurisdictional execution of
all phases of a State building code in the process of
examination and approval of construction plans,
specifications, and technical data and the inspection
of new construction or renovation.
``(B) Nationally recognized model building code.--
The term `nationally recognized model building code'
means a building code for residential and commercial
construction and construction materials that--
``(i) has been developed and published by a
code organization in an open consensus type
forum with input from national experts; and
``(ii) is based on national structural
design standards that establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
and commercial buildings for the purpose of
protecting the health, safety, and general
welfare of the building's users against natural
disasters.
``(C) State building code.--The term `State
building code' means requirements and associated
standards for residential and commercial construction
and construction materials that are implemented on a
statewide basis by ordinance, resolution, law, housing
or building code, or zoning ordinance. At a minimum,
such requirements and associated standards shall
apply--
``(i) to construction-related activities of
residential building contractors applicable to
single-family and 2-family residential
structures; and
``(ii) to construction-related activities
of engineers, architects, designers, and
commercial building contractors applicable to
the structural safety, design, and construction
of commercial, industrial, and multifamily
structures.
``(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue such regulations as may be necessary to carry out
this subsection.''.
SEC. 5. PREDISASTER HAZARD MITIGATION.
(a) Uses of Technical and Financial Assistance.--Section
203(e)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) to establish and operate a building
department and carry out enforcement activities
to implement a State building code approved
under section 404(d).''.
(b) Criteria for Assistance Awards.--Section 203(g) of such Act (42
U.S.C. 5133(g)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) the extent to which the State or local government is
carrying out activities to implement a State building code
approved under section 404(d) and''. | Safe Building Code Incentive Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act, if at the time of a declaration of a major disaster the affected state has in effect and is actively enforcing an approved state building code.
Requires a state, to be eligible for the increased federal share, to submit its state building code to the President for approval at least once every six years.
Directs the President to approve a state building code submitted upon determining that it: (1) is consistent with the most recent version of a nationally recognized model building code; (2) has been adopted by the state within six years of the most recent version of the nationally recognized code; and (3) uses the nationally recognized code as a minimum standard.
Authorizes the use by states and local governments of technical and financial assistance to implement predisaster hazard mitigation measures to establish and operate a building department and carry out enforcement activities to implement an approved state building code.
Directs the President, in determining whether to provide technical and financial assistance to a state or local government, to take into account the extent to which that government is carrying out activities to implement an approved state building code. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance existing programs providing mitigation assistance by encouraging States to adopt and actively enforce State building codes, and for other purposes."} | 1,600 | 294 | 0.616717 | 1.853079 | 0.662669 | 4.059701 | 5.783582 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Creation through Energy
Efficient Manufacturing Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage widespread deployment of
energy efficiency and onsite renewable energy technologies in
manufacturing and industrial facilities throughout the United States
through the establishment of a Financing Energy Efficient Manufacturing
Program that would--
(1) encourage the widespread availability of financial
products and programs with attractive rates and terms that
significantly reduce or eliminate upfront expenses to allow
manufacturing and industrial businesses to invest in energy
efficiency measures, onsite clean and renewable energy systems,
smart grid systems, and alternative vehicle fleets by providing
credit support, credit enhancement, secondary markets, and
other support to originators of the financial products and
sponsors of the financing programs; and
(2) help building owners to invest in measures and systems
that reduce energy costs, in many cases creating a net cost
savings that can be realized in the short-term, and may also
allow manufacturing and industrial business owners to defer
capital expenditures, save money to hire new workers, and
increase the value, comfort, and sustainability of the property
of the owners.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered program.--The term ``covered program'' means a
program to finance energy efficiency retrofit, onsite clean and
renewable energy, smart grid, and alternative vehicle fleet
projects for industrial businesses.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``Financing Energy Efficient Manufacturing Program'',
under which the Secretary shall provide grants to States to establish
or expand covered programs.
(b) Applications.--
(1) In general.--A State may apply to the Secretary for a
grant under subsection (a) to establish or expand covered
programs.
(2) Evaluation.--The Secretary shall evaluate applications
submitted by States under paragraph (1) on the basis of--
(A) the likelihood that the covered program would--
(i) be established or expanded; and
(ii) increase the total investment and
energy savings of retrofit projects to be
supported;
(B) in the case of industrial business efficiency
financing initiatives conducted under subsection (c),
evidence of multistate cooperation and coordination
with lenders, financiers, and owners; and
(C) other factors that would advance the purposes
of this Act, as determined by the Secretary.
(c) Multistate Facilitation.--The Secretary shall consult with
States and relevant stakeholders with applicable expertise to establish
a process to identify financing opportunities for manufacturing and
industrial business with asset portfolios across multiple States.
(d) Administration.--A State receiving a grant under subsection (a)
shall give a higher priority to covered programs that--
(1) leverage private and non-Federal sources of funding;
and
(2) aim explicitly to expand the use of energy efficiency
project financing using private sources of funding.
(e) Davis-Bacon Compliance.--
(1) In general.--All laborers and mechanics employed on
projects funded directly by or assisted in whole or in part by
this Act shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of title
40, United States Code (commonly referred to as the ``Davis-
Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in this subsection, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(f) Reports.--
(1) In general.--Not later than 2 years after the date of
receipt of a grant under this Act, a State shall submit to the
Secretary, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives a report that describes the performance of
covered programs carried out using the grant funds.
(2) Data.--
(A) In general.--A State receiving a grant under
this Act, in cooperation with the Secretary, shall--
(i) collect and share data resulting from
covered programs carried out under this Act;
and
(ii) include in the report submitted under
paragraph (1) any data collected under clause
(i).
(B) Department databases.--The Secretary shall
incorporate data described in subparagraph (A) into
appropriate databases of the Department of Energy, with
provisions for the protection of confidential business
data.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $250,000,000, to remain available until expended.
(b) State Energy Offices.--Funds provided to a State under this Act
shall be provided to the office within the State that is responsible
for developing the State energy plan for the State under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et
seq). | Job Creation through Energy Efficient Manufacturing Act This bill requires the Department of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid systems, and alternative vehicle fleet projects for industrial businesses. DOE must establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Grant recipients must give a higher priority to those programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Grant recipients must also collect, share, and report on data resulting from programs carried out under this bill. DOE must incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data. | {"src": "billsum_train", "title": "Job Creation through Energy Efficient Manufacturing Act"} | 1,215 | 176 | 0.630808 | 1.807794 | 0.813158 | 4.408537 | 6.896341 | 0.908537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Fuel Cost Equity Act
of 2001''.
SEC. 2. MANDATORY FUEL SURCHARGE.
(a) In General.--Chapter 137 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 13714. Fuel surcharge
``(a) Mandatory Fuel Surcharge.--
``(1) Establishment of surcharge.--Any contract or
agreement providing for truckload transportation or service
involving a motor carrier, broker, or freight forwarder subject
to jurisdiction under chapter 135 who regularly provides such
transportation or service shall include a requirement to assess
a payer of transportation charges a minimum surcharge for fuel
used in the transportation provided to such payer commencing
when the current price of fuel surpasses, by $0.05 per gallon,
the benchmark price set forth in paragraph (2). The surcharge
assessed by the motor carrier, broker, or freight forwarder
shall be calculated on the basis of mileage or percentage of
revenue (whichever basis the motor carrier, broker, or freight
forwarder elects) and shall be the amount necessary to
compensate the person responsible for paying for fuel for the
amount of increase in the cost of fuel.
``(2) Benchmark price.--The benchmark price referred to in
paragraph (1) shall be $1.10 per gallon.
``(b) Implementation.--The surcharge referred to in subsection
(a)(1) shall be--
``(1) calculated on the date the shipment is tendered to
the motor carrier, broker, or freight forwarder;
``(2) itemized separately on the motor carrier, broker, or
freight forwarder's invoices; and
``(3) paid by the payer of transportation charges.
``(c) Factors.--For purposes of calculating a surcharge under this
section--
``(1) average fuel economy is 5 miles per gallon; and
``(2) mileage means the number of paid miles driven as
determined under the Department of Defense, Military Traffic
Management Command's `Defense Table of Official Distances' or
mileage guide established pursuant to section 13703 (a)(1)(D).
``(d) Limitation on Authority.--Notwithstanding any other provision
of this part, enforcement of this section shall be through the private
right of action provided in section 14704(a), and neither the Secretary
of Transportation nor the Surface Transportation Board shall have
regulatory or enforcement authority relating to provisions of this
section.
``Sec. 13715. Negotiated fuel adjustments
``(a) In General.--Nothing in section 13714 shall be construed to
abrogate provisions relating to fuel cost adjustments in any
transportation contract or agreement in effect on the date of the
enactment of the Motor Carrier Fuel Cost Equity Act of 2001 and any
renewal of such a contract or agreement thereafter. Nothing in this
section and sections 13714 and 14102 shall be construed to prohibit any
motor carrier, broker, or freight forwarder from including any
privately negotiated fuel cost adjustment provision in any contract or
agreement to provide transportation that is an amount necessary to
compensate the person responsible for paying for fuel for the amount of
increase in the cost of fuel.
``(b) Continuation of Authority.--Nothing in section 13714 shall
impair the ability of any person to enter into any contract or
agreement after the date of the enactment of the Motor Carrier Fuel
Cost Equity Act of 2001 that provides for a fuel adjustment under this
section or section 13714 during any period in which no fuel surcharge
is required under section 13714.''.
(b) Clerical Amendment.--The analysis for chapter 137 of such title
is amended by adding at the end the following:
``13714. Fuel surcharge.
``13715. Negotiated fuel adjustments.''.
SEC. 3. MANDATORY PASS-THROUGH TO COST BEARER.
Section 14102 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Mandatory Pass-Through to Cost Bearer.--
``(1) In general.--A motor carrier, broker, or freight
forwarder providing transportation or service using motor
vehicles not owned by it and using fuel not paid for by it--
``(A) shall pass through to the person responsible
for paying for fuel any fuel surcharge required by
section 13714 or provided for in transportation
contracts or agreements;
``(B) shall disclose in writing to the equipment
lessor and lessee the amount of all freight rates and
charges and fuel surcharges applicable to such
transportation or service; and
``(C) is prohibited from--
``(i) intentionally reducing compensatory
transportation costs (other than the fuel
surcharge) to the person responsible for paying
for fuel for the purpose of adjusting for or
avoiding the pass through of the fuel
surcharge; and
``(ii) intentionally imposing a fuel cost
adjustment in accordance with section 13715 for
the purpose of avoiding any payment under this
section or section 13714.
``(2) Limitation on authority.--Notwithstanding any other
provision of this part, enforcement of this section shall be
through the private right of action provided in section
14704(a), and neither the Secretary of Transportation nor the
Surface Transportation Board shall have regulatory or
enforcement authority relating to provisions of this
subsection.''. | Motor Carrier Fuel Cost Equity Act of 2001 - Amends Federal transportation law to require any contract or agreement for truckload transportation or service regularly provided by a motor carrier, broker, or freight forwarder subject to the Secretary of Transportation and the Surface Transportation Board to include a requirement to assess a payer of transportation charges a minimum surcharge for fuel when the current price of fuel surpasses the $1.10 per gallon benchmark price by $0.05 per gallon. Requires the surcharge to be the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in its cost.Allows any motor carrier, broker, or freight forwarder to include in any transportation contract or agreement a privately negotiated fuel cost adjustment provision designed to compensate the person responsible for paying for fuel for the increase in its cost.Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to, or the imposition of a fuel cost adjustment on, the payer of fuel for the purpose of adjusting for or avoiding the pass through or the payment of the fuel surcharge. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes."} | 1,196 | 285 | 0.675744 | 1.975983 | 0.835451 | 5.536885 | 4.409836 | 0.946721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military SAFE Standards Act''.
SEC. 2. REQUIREMENTS RELATING TO SEXUAL ASSAULT FORENSIC EXAMINERS FOR
THE ARMED FORCES.
(a) Personnel Eligible for Assignment.--
(1) In general.--Except as provided in paragraph (2), the
individuals who may be assigned to duty as a sexual assault
forensic examiner (SAFE) for the Armed Forces shall be members
of the Armed Forces and civilian personnel of the Department of
Defense or Department of Homeland Security who are as follows:
(A) Physicians.
(B) Nurse practitioners.
(C) Nurse midwives.
(D) Physician assistants.
(E) Registered nurses.
(2) Independent duty corpsmen.--An independent duty
corpsman or equivalent may be assigned to duty as a sexual
assault forensic examiner for the Armed Forces if the
assignment of an individual specified in paragraph (1) is
impracticable.
(b) Availability of Examiners.--
(1) In general.--The Secretary concerned shall ensure the
availability of an adequate number of sexual assault forensic
examiners for the Armed Forces through the following:
(A) Assignment of at least one sexual assault
forensic examiner at each military medical treatment
facility under the jurisdiction of such Secretary,
whether in the United States or overseas.
(B) If assignment as described in subparagraph (A)
is infeasible or impracticable, entry into agreements
with facilities, whether Governmental or otherwise,
with appropriate resources for the provision of sexual
assault forensic examinations, for the provision of
sexual assault forensic examinations for the Armed
Forces.
(2) Naval vessels.--The Secretary concerned shall ensure
the availability of an adequate number of sexual assault
forensic examiners for naval vessels through the assignment of
at least one sexual assault forensic examiner for each naval
vessel.
(c) Training and Certification.--
(1) In general.--The Secretary concerned shall establish
and maintain, and update when appropriate, a training and
certification program for sexual assault forensic examiners
under the jurisdiction of such Secretary. The training and
certification programs shall apply uniformly to all sexual
assault forensic examiners under the jurisdiction of the
Secretaries.
(2) Elements.--Each training and certification program
under this subsection shall include the following:
(A) Training in sexual assault forensic
examinations by qualified personnel who possess--
(i) a Sexual Assault Nurse Examiner--
adolescent/adult (SANE-A) certification or
equivalent certification; or
(ii) training and clinical or forensic
experience in sexual assault forensic
examinations similar to that required for a
certification described in clause (i).
(B) A minimum of 40 hours of coursework for
participants in sexual assault forensic examinations of
adults and adolescents.
(C) Ongoing examinations and evaluations on sexual
assault forensic examinations.
(D) Clinical mentoring.
(E) Continuing education.
(3) Nature of training.--The training provided under each
training and certification program under this subsection shall
incorporate and reflect current best practices and standards on
sexual assault forensic examinations.
(4) Applicability of training requirements.--An individual
may not be assigned to duty as a sexual assault forensic
examiner for the Armed Forces after the date that is one year
after the date of the enactment of this Act unless the
individual has completed all training required under the
training and certification program under this subsection at the
time of assignment.
(5) Sense of congress on certification.--It is the sense of
Congress that each participant who successfully completes all
training required under the certification and training program
under this subsection should obtain a Sexual Assault Nurse
Examiner--adolescent/adult certification or equivalent
certification by not later than five years after completion of
such training.
(6) Examiners under agreements.--Any individual providing
sexual assault forensic examinations for the Armed Forces under
an agreement under subsection (b)(1)(B) shall possess training
and experience equivalent to the training and experience
required under the training and certification program under
this subsection.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Defense with respect to matters
concerning the Department of Defense; and
(2) the Secretary of Homeland Security with respect to
matters concerning the Coast Guard when it is not operating as
a service in the Navy.
(e) Repeal of Superseded Requirements.--Section 1725 of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 971) is amended by striking subsection (b) (10 U.S.C.
1561 note). | Military SAFE Standards Act - Requires sexual assault forensic examiners (SAFEs) for the Armed Forces to be members of the Armed Forces and civilian personnel of the Department of Defense (DOD) or the Department of Homeland Security (DHS) who are physicians, nurse practitioners, nurse midwives, physician assistants, or registered nurses. Permits an independent duty corpsman or equivalent to be assigned as a SAFE if the assignment of such a physician, assistant, or nurse is impracticable. Directs the DOD and DHS Secretaries to: (1) assign at least one SAFE at each military medical treatment facility in the United States and overseas; or (2) enter into agreements with facilities with appropriate resources for the provision of sexual assault forensic examinations for the Armed Forces. Requires at least one SAFE to be assigned to each naval vessel. Requires the Secretary concerned to establish a SAFE certification program that includes training in sexual assault forensic examinations. | {"src": "billsum_train", "title": "Military SAFE Standards Act"} | 1,053 | 220 | 0.701605 | 1.9714 | 0.7645 | 3.142045 | 5.267045 | 0.914773 |
SECTION 1. ALIEN GANG MEMBERS.
(a) Definition.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
``(53)(A) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons--
``(i)(I) that has as one of its primary purposes
the commission of 1 or more of the criminal offenses
described in subparagraph (B); and
``(II) the members of which engage, or have engaged
within the past 5 years, in a continuing series of
offenses described in subparagraph (B); or
``(ii) that has been designated as a criminal gang
under section 220 by the Secretary of Homeland
Security, in consultation with the Attorney General, or
the Secretary of State.
``(B) The offenses described in this subparagraph, whether
in violation of Federal or State law or foreign law and
regardless of whether the offenses occurred before, on, or
after the date of the enactment of this paragraph, are the
following:
``(i) A `felony drug offense' (as defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802)).
``(ii) An offense under section 274 (relating to
bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to
enter the United States), or section 278 (relating to
importation of alien for immoral purpose).
``(iii) A crime of violence (as defined in section
16 of title 18, United States Code).
``(iv) A crime involving obstruction of justice,
tampering with or retaliating against a witness,
victim, or informant, or burglary.
``(v) Any conduct punishable under sections 1028
and 1029 of title 18, United States Code (relating to
fraud and related activity in connection with
identification documents or access devices), sections
1581 through 1594 of such title (relating to peonage,
slavery and trafficking in persons), section 1952 of
such title (relating to interstate and foreign travel
or transportation in aid of racketeering enterprises),
section 1956 of such title (relating to the laundering
of monetary instruments), section 1957 of such title
(relating to engaging in monetary transactions in
property derived from specified unlawful activity), or
sections 2312 through 2315 of such title (relating to
interstate transportation of stolen motor vehicles or
stolen property).
``(vi) A conspiracy to commit an offense described
in clauses (i) through (v).
``(C) Notwithstanding any other provision of law (including
any effective date), the term `criminal gang' applies
regardless of whether the conduct occurred before, on, or after
the date of the enactment of this paragraph.''.
(b) Inadmissibility.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(J) Aliens associated with criminal gangs.--Any
alien is inadmissible if a consular officer, the
Secretary of Homeland Security, or the Attorney General
knows or has reason to believe that the alien--
``(i) is or has been a member of a criminal
gang; or
``(ii) has participated in the activities
of a criminal gang knowing or having reason to
know that such activities will promote,
further, aid, or support the illegal activity
of the criminal gang.''.
(c) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(G) Aliens associated with criminal gangs.--Any
alien is deportable if the Secretary of Homeland
Security or the Attorney General knows or has reason to
believe that the alien--
``(i) is or has been a member of a criminal
gang; or
``(ii) has participated in the activities
of a criminal gang, knowing or having reason to
know that such activities will promote,
further, aid, or support the illegal activity
of the criminal gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 219 the following:
``SEC. 220. DESIGNATION OF CRIMINAL GANGS.
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, or the Secretary of State may
designate a group or association as a criminal gang if their conduct is
described in section 101(a)(53) or if the group or association conduct
poses a significant risk that threatens the security and the public
safety of nationals of the United States or the national security,
homeland security, foreign policy, or economy of the United States.
``(b) Effective Date.--A designation made under subsection (a)
shall remain in effect until the designation is revoked after
consultation between the Secretary of Homeland Security, the Attorney
General, and the Secretary of State or is terminated in accordance with
Federal law.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 219 the following:
``220. Designation of criminal gangs.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(A) by striking ``section 212(a)(3)(B)'' and
inserting ``paragraph (2)(J) or (3)(B) of section
212(a)''; and
(B) by striking ``237(a)(4)(B),'' and inserting
``paragraph (2)(G) or (4)(B) of section 237(a),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives on the number of
aliens detained under the amendments made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described in
section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is''
after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is
amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(J)(i) or section 237(a)(2)(G)(i)
(relating to participation in criminal gangs);
or''.
(g) Temporary Protected Status.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``States, or'' and
inserting ``States;'';
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is a member of a criminal
gang.''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii))
is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by inserting ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is a member of
a criminal gang shall be eligible for
any immigration benefit under this
subparagraph;''.
(i) Deferred Action.--An alien described in section 212(a)(2)(J) of
the Immigration and Nationality Act, as added by subsection (b), shall
not be eligible for deferred action.
(j) Parole.--An alien described in section 212(a)(2)(J) of the
Immigration and Nationality Act, as added by subsection (b), shall not
be eligible for parole under section 212(d)(5)(A) of such Act unless--
(1) the alien is assisting or has assisted the United
States Government in a law enforcement matter, including a
criminal investigation; and
(2) the alien's presence in the United States is required
by the Government with respect to such assistance.
(k) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to acts that occur before, on, or after
such date.
SEC. 2. MANDATORY EXPEDITED REMOVAL OF DANGEROUS CRIMINALS, TERRORISTS,
AND GANG MEMBERS.
(a) In General.--Notwithstanding any other provision of law, an
immigration officer who finds an alien described in subsection (b) at a
land border or port of entry of the United States and determines that
such alien is inadmissible under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) shall treat such alien in accordance with section
235 of the Immigration and Nationality Act (8 U.S.C. 1225).
(b) Threats to Public Safety.--An alien described in this
subsection is an alien who the Secretary of Homeland Security
determines, or has reason to believe--
(1) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
(2) has been convicted of an offense which involved--
(A) domestic violence (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a));
(B) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a));
(C) assault resulting in bodily injury (as defined
in section 2266 of title 18, United States Code);
(D) the violation of a protection order (as defined
in section 2266 of title 18, United States Code);
(E) driving while intoxicated (as defined in
section 164 of title 23, United States Code); or
(F) any offense under foreign law, except for a
purely political offense, which, if the offense had
been committed in the United States, would render the
alien inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a));
(3) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
(4) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
(5) is or was a member of a criminal street gang (as
defined in paragraph (53) of section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)), as added by section
1101(a)); or
(6) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and Nationality
Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful. | This bill amends the Immigration and Nationality Act to define "criminal gang." An alien who is or was a member of a criminal gang, or who participated in gang activity knowing that such participation will promote the gang's illegal activity, shall be inadmissible and deportable. The Department of Homeland Security may designate a group or association as a criminal gang. Detention shall be mandatory for anyone found inadmissible or deportable for criminal street gang membership. Individuals found inadmissible or deportable for criminal gang membership shall be barred from: asylum; withholding of removal; temporary protected status; special immigrant juvenile status; deferred action; and parole, unless assisting the United States in a law enforcement matter and required by the government to be present with respect to such assistance. An alien found at a U.S. land border or port of entry who is determined to be inadmissible and a threat to public safety (certain criminals, terrorists, street gang members) shall be subject to expedited removal. | {"src": "billsum_train", "title": "A bill to make aliens associated with a criminal gang inadmissible, deportable, and ineligible for various forms of relief."} | 3,090 | 248 | 0.468273 | 1.457026 | 0.697797 | 2.563158 | 13.478947 | 0.847368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microcap Fraud Prevention Act of
1999''.
SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.
Section 15(b)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)(4)) is amended--
(1) by striking subparagraph (F) and inserting the
following:
``(F) is subject to any order of the Commission barring or
suspending the right of the person to be associated with a
broker or dealer;'';
(2) in subparagraph (G)--
(A) in clause (i), by striking ``has omitted'' and
all that follows through the semicolon and inserting
``omitted to state in any such application, report, or
proceeding any material fact that is required to be
stated therein;'';
(B) in clause (ii)--
(i) by striking ``transactions in
securities,'' and inserting ``securities,
banking, insurance,''; and
(ii) by adding ``or'' at the end; and
(C) in clause (iii)--
(i) by inserting ``other'' after
``violation by any'';
(ii) by striking ``empowering a foreign
financial regulatory authority regarding
transactions in securities,'' and inserting
``regarding securities, banking, insurance,'';
(iii) by striking ``has been found, by a
foreign financial regulatory authority,''; and
(iv) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) is subject to any order of a State securities
commission (or any agency or office performing like functions),
State authority that supervises or examines financial
institutions, State insurance commission (or any agency or
office performing like functions), or an appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act) that--
``(i) bars such person from association with an
entity regulated by such commission, authority, agency,
or officer, or from engaging in the business of
securities, insurance, or banking; or
``(ii) constitutes a final order based on
violations of any laws or regulations that prohibit
fraudulent, manipulative, or deceptive conduct.''.
SEC. 3. AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended--
(1) in subsection (e)--
(A) by striking paragraphs (7) and (8) and
inserting the following:
``(7) is subject to any order of the Commission barring or
suspending the right of the person to be associated with an
investment adviser;
``(8) has been found by a foreign financial regulatory
authority to have--
``(A) made or caused to be made in any application
for registration or report required to be filed with,
or in any proceeding before, that foreign financial
regulatory authority, any statement that was, at the
time and in light of the circumstances under which it
was made, false or misleading with respect to any
material fact, or omitted to state in any application
or report filed with, or in any proceeding before, that
foreign financial regulatory authority any material
fact that is required to be stated in the application,
report, or proceeding;
``(B) violated any foreign statute or regulation
regarding securities, banking, insurance, or contracts
of sale of a commodity for future delivery traded on or subject to the
rules of a contract market or any board of trade; or
``(C) aided, abetted, counseled, commanded,
induced, or procured the violation by any other person
of any foreign statute or regulation regarding
securities, banking, insurance, or contracts of sale of
a commodity for future delivery traded on or subject to
the rules of a contract market or any board of trade,
or failed reasonably to supervise, with a view to
preventing violations of any such statute or
regulation, another person who commits such a
violation, if the other person is subject to its
supervision; or
``(9) is subject to any order of a State securities
commission (or any agency or office performing like functions),
State authority that supervises or examines financial
institutions, State insurance commission (or any agency or
office performing like functions), or an appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act) that--
``(A) bars such investment adviser or person from
association with an entity regulated by such
commission, authority, agency, or officer, or from
engaging in the business of securities, insurance, or
banking; or
``(B) constitutes a final order based on violations
of any laws or regulations that prohibit fraudulent,
manipulative, or deceptive conduct.''; and
(2) in subsection (f)--
(A) by striking ``(6), or (8)'' and inserting
``(6), (8), or (9)''; and
(B) by striking ``paragraph (2)'' and inserting
``paragraph (2) or (3)''.
SEC. 4. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940.
Section 9(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-
9(b)) is amended--
(1) in paragraph (4), by striking subparagraphs (A) through
(C) and inserting the following:
``(A) made or caused to be made in any application
for registration or report required to be filed with,
or in any proceeding before, that foreign financial
regulatory authority, any statement that was, at the
time and in light of the circumstances under which it
was made, false or misleading with respect to any
material fact, or omitted to state in any application
or report filed with, or in any proceeding before, that
foreign financial regulatory authority any material
fact that is required to be stated in the application,
report, or proceeding;
``(B) violated any foreign statute or regulation
regarding securities, banking, insurance, or contracts
of sale of a commodity for future delivery traded on or
subject to the rules of a contract market or any board
of trade; or
``(C) aided, abetted, counseled, commanded,
induced, or procured the violation by any other person
of any foreign statute or regulation regarding
securities, banking, insurance, or contracts of sale of
a commodity for future delivery traded on or subject to
the rules of a contract market or any board of
trade;'';
(2) in paragraph (5), by striking ``or'' at the end; and
(3) in paragraph (6), by striking the period at the end and
inserting the following: ``; or
``(7) is subject to any order of a State securities
commission (or any agency or office performing like functions),
State authority that supervises or examines financial
institutions, State insurance commission (or any agency or
office performing like functions), or an appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act) that--
``(A) bars such person from association with an
entity regulated by such commission, authority, agency,
or officer, or from engaging in the business of
securities, insurance, or banking; or
``(B) constitutes a final order based on violations
of any laws or regulations that prohibit fraudulent,
manipulative, or deceptive conduct.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Municipal Securities Dealers.--Section 15B(c) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-4(c)) is amended--
(1) in paragraph (2), by striking ``act or omission'' and
all that follows through the period and inserting ``act, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4), has been convicted of any
offense specified in section 15(b)(4)(B) within 10 years of the
commencement of the proceedings under this paragraph, or is enjoined
from any action, conduct, or practice specified in section
15(b)(4)(C).''; and
(2) in paragraph (4), in the first sentence, by striking
``any act or ommission'' and all that follows through the
period and inserting ``or omitted any act, or is subject to an
order or finding, enumerated in subparagraph (A), (D), (E),
(G), or (H) of section 15(b)(4), has been convicted of any
offense specified in section 15(b)(4)(B) within 10 years of the
commencement of the proceedings under this paragraph, or is
enjoined from any action, conduct, or practice specified in
section 15(b)(4)(C).''.
(b) Government Securities Brokers and Dealers.--Section 15C(c)(1)
of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5(c)(1)) is
amended--
(1) in subparagraph (A), by striking ``or omission
enumerated in subparagraph (A), (D), (E), or (G) of paragraph
(4) of section 15(b) of this title'' and inserting ``, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4)''; and
(2) in subparagraph (C), by striking ``or omission
enumerated in subparagraph (A), (D), (E), or (G) of paragraph
(4) of section 15(b) of this title'' and inserting ``, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4)''.
(c) Clearing Agencies.--Section 17A(c) of the Securities Exchange
Act of 1934 (15 U.S.C. 78q-1(c)) is amended--
(1) in paragraph (3)(A), by striking ``any act enumerated
in subparagraph (A), (D), (E), or (G) of paragraph (4) of
section 15(b) of this title'' and inserting ``any act, or is
subject to an order or finding, enumerated in subparagraph (A),
(D), (E), (G), or (H) of section 15(b)(4)''; and
(2) in paragraph (4)(C), in the first sentence, by striking
``any act enumerated in subparagraph (A), (D), (E), or (G) of
paragraph (4) of section 15(b) of this title'' and inserting
``any act, or is subject to an order or finding, enumerated in
subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''.
(d) Statutory Disqualifications.--Section 3(a)(39) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)) is amended--
(1) in subparagraph (B)(i), by striking ``order to'' and
inserting ``order of''; and
(2) in subparagraph (F)--
(A) by striking ``any act enumerated in
subparagraph (D), (E), or (G) of paragraph (4) of
section 15(b) of this title'' and inserting ``any act,
or is subject to an order or finding, enumerated in
subparagraph (D), (E), (G), or (H) of section
15(b)(4)'';
(B) by striking ``subparagraph (B) of such
paragraph (4)'' and inserting ``section 15(b)(4)(B)'';
and
(C) by striking ``subparagraph (C) of such
paragraph (4)'' and inserting ``section 15(b)(4)(C)''.
SEC. 6. BROADENING OF PENNY STOCK BAR.
Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)(6)) is amended--
(1) in subparagraph (A)--
(A) by striking ``of any penny stock'' and
inserting ``of any noncovered security'';
(B) by striking ``of penny stock'' and inserting
``of any noncovered security''; and
(C) in clause (i), by striking ``or omission
enumerated in subparagraph (A), (D), (E), or (G) of
paragraph (4) of this subsection'' and inserting ``, or
is subject to an order or finding, enumerated in
subparagraph (A), (D), (E), (G), or (H) of paragraph
(4)'';
(2) in subparagraph (B)--
(A) by striking ``an offering of penny stock'' each
place it appears and inserting ``any securities
offering''; and
(B) in clause (iii), by striking ``such a person''
and inserting ``a person as to whom an order under
section 21(d)(5) or subparagraph (A) of this paragraph
is in effect''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) For purposes of this paragraph--
``(i) the term `noncovered security' means any security
other than those described in paragraphs (1) and (2) of section
18(b) of the Securities Act of 1933; and
``(ii) the term `participation in an offering of noncovered
securities'--
``(I) means acting as a promoter, finder,
consultant, or agent, or engaging in activities with a
broker, dealer, or issuer for purposes of the issuance
of or trading in any noncovered security, or inducing
or attempting to induce the purchase or sale of any
noncovered security;
``(II) includes other activities that the
Commission specifies by rule or regulation; and
``(III) excludes any person or class of persons, in
whole or in part, conditionally or unconditionally,
that the Commission, by rule, regulation, or order, may
exclude.''.
SEC. 7. COURT AUTHORITY TO PROHIBIT OFFERINGS OF NONCOVERED SECURITIES.
Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78u(d)) is amended by adding at the end the following:
``(5) Court authority to prohibit persons from
participating in offering of noncovered securities.--
``(A) In general.--In any proceeding under
paragraph (1), the court may prohibit, conditionally or
unconditionally, and permanently or for such period of
time as it shall determine, any person that violated
section 10(b) or the rules or regulations issued
thereunder in connection with any transaction in any
noncovered security from participating in an offering
of a noncovered security.
``(B) Definitions.--For purposes of this
paragraph--
``(i) the term `noncovered security' means
any security other than those described in
paragraphs (1) and (2) of section 18(b) of the
Securities Act of 1933; and
``(ii) the term `participation in an
offering of noncovered securities'--
``(I) means acting as a promoter,
finder, consultant, or agent, or
engaging in activities with a broker,
dealer, or issuer for purposes of the
issuance of or trading in any
noncovered security, or inducing or
attempting to induce the purchase or
sale of any noncovered security;
``(II) includes other activities
that the Commission specifies by rule
or regulation; and
``(III) excludes any person or
class of persons, in whole or in part,
conditionally or unconditionally, that
the Commission, by rule, regulation, or
order, may exempt.''.
SEC. 8. BROADENING OF OFFICER AND DIRECTOR BAR.
Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C.
78u(d)(2)) is amended--
(1) by striking ``of this title or that'' and inserting ``,
that''; and
(2) by striking ``of this title if'' and inserting ``, or
the securities of which are quoted in any quotation medium,
if''.
SEC. 9. VIOLATIONS OF COURT ORDERED BARS.
(a) In General.--Section 21 of the Securities Exchange Act of 1934
(15 U.S.C. 78u) is amended by adding at the end the following:
``(i) Bar on Participation.--It shall be unlawful for any person,
against which an order under paragraph (2) or (5) of subsection (d) is
in effect, to serve as officer, director, or participant in any
offering involving a noncovered security (as defined in subsection
(d)(5)(B)) in contravention of such order.''.
(b) Conforming Amendment.--Section 21(d)(3)(D) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(D)) is amended by inserting
``or relating to a violation of subsection (i) of this section,''
before ``each separate''. | (Sec. 6) Amends the Securities Exchange Act of 1934 to: (1) extend the penny stock bar to any noncovered security; and (2) declare it unlawful for any person against whom certain enforcement sanctions are in effect to serve as officer, director, or participant in any offering involving a noncovered security.
(Sec. 7) Authorizes a court to prohibit violators of SEC rules governing the use of manipulative or deceptive devices from participating in an offering of a noncovered security.
(Sec. 9) Bars persons subject to specified court orders from serving as officers, directors, or participants in any offering involving a noncovered security. | {"src": "billsum_train", "title": "Microcap Fraud Prevention Act of 1999"} | 4,014 | 148 | 0.438818 | 1.189268 | 0.613436 | 3.272 | 29.008 | 0.872 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The Pocosin Lakes National Wildlife Refuge, located in
northeastern North Carolina, provides unique opportunities for
observing and interpreting the biological richness of the
region's estuaries and wetlands.
(2) Although there are 10 national wildlife refuges in
eastern North Carolina, not one has an educational or
interpretative center for visitors.
(3) The State of North Carolina, Tyrrell County, the town
of Columbia, the Conservation Fund, and private citizens have
proposed to enter into a partnership with the United States
Fish and Wildlife Service to establish an educational and
interpretative facility to be known as the Center for the
Sounds.
(4) Establishment of the Center for the Sounds would bestow
economic benefits upon Tyrrell County and the town of Columbia.
(5) The Federal Government has designated the Albemarle-
Pamlico estuary system of northeastern North Carolina as an
estuary of national concern.
SEC. 2. FURTHER FINDINGS.
The Congress further finds and declares the following:
(1) Throughout his congressional career, the Honorable
Walter B. Jones was a strong supporter of the National Wildlife
Refuge System.
(2) During his years of service in the House of
Representatives, Walter B. Jones supported the establishment
and expansion of National Wildlife Refuges in eastern North
Carolina; these include 6 new National Wildlife Refuges
established in his district, including the Alligator River
National Wildlife Refuge and the Pocosin Lakes National
Wildlife Refuge, which are respectively the third largest and
fifth largest National Wildlife Refuges east of the Mississippi
River.
(3) Walter B. Jones helped increase refuge acreage in his
district by over 303,000 acres, thus ensuring the protection of
these lands for wildlife habitat and public recreation.
(4) Walter B. Jones' support for reintroducing endangered
red wolves into the wild at Alligator River National Wildlife
Refuge was a major factor in securing public acceptance of, and
support for, this first successful effort to reintroduce
endangered predators into formerly occupied habitat.
(5) Walter B. Jones devoted much of his congressional
career, including his years as Chairman of the Merchant Marine
and Fisheries Committee, to the conservation of fish and
wildlife, for the benefit of the Nation and the people of North
Carolina.
(6) Walter B. Jones should most appropriately be recognized
for his work on behalf of fish and wildlife conservation by
having the Center for the Sounds at the Pocosin Lakes National
Wildlife Refuge System named in his honor.
SEC. 3. AUTHORITY TO CONSTRUCT AND OPERATE FACILITY.
(a) In General.--The Secretary of the Interior may, subject to the
availability of appropriations, construct and operate the Walter B.
Jones Center for the Sounds at the Pocosin Lakes National Wildlife
Refuge in Tyrrell County, North Carolina, for the following purposes:
(1) Providing public opportunities, facilities, and
resources to study the natural history and natural resources of
northeastern North Carolina.
(2) Offering a variety of environmental educational
programs and interpretive exhibits.
(3) Fostering an awareness and understanding of the
interactions among wildlife, estuarine and wetland ecosystems,
and human activities.
(4) Providing office space and facilities for refuge
administration, research, education, and related activities.
SEC. 4. DESIGN.
The Secretary of the Interior shall ensure that the design, size,
and location of a facility constructed under this Act are consistent
with the cultural and natural history of the area with which the
facility will be concerned.
SEC. 5. COST SHARING.
The Secretary of the Interior may accept contributions of funds
from non-Federal sources to pay the costs of operating and maintaining
the facility authorized under this Act, and shall take appropriate
steps to seek to obtain such contributions.
SEC. 6. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of the Interior shall submit a report to the
Congress on progress made in designing and constructing a facility
under this Act, including steps taken under section 5 to obtain
contributions and any such contributions that have been pledged to or
received by the United States.
Passed the House of Representatives September 21, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Authorizes the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, to: (1) provide public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina; (2) offer a variety of environmental educational programs and interpretive exhibits; (3) foster an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities; and (4) provide office space and facilities for refuge administration, research, education, and related activities. Directs the Secretary to ensure that the design, size, and location of a facility constructed under this Act are consistent with the cultural and natural history of the area with which the facility will be concerned. Authorizes the Secretary to accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility authorized under this Act. Directs the Secretary to take appropriate steps to obtain such contributions. Sets forth reporting requirements. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge."} | 914 | 223 | 0.609898 | 2.06274 | 0.762048 | 6.564356 | 4.306931 | 0.930693 |
SECTION 1. SHORT TITLE; TABLE OF SECTIONS.
(a) Short Title.--This Act may be cited as the ``Consumer Broadband
and Digital Television Promotion Act''.
(b) Table of Sections.--The table of sections for this Act is as
follows:
Sec. 1. Short title; table of sections.
Sec. 2. Findings.
Sec. 3. Adoption of security system standards and encoding rules.
Sec. 4. Preservation of the integrity of security.
Sec. 5. Prohibition on shipment in interstate commerce of nonconforming
digital media devices.
Sec. 6. Prohibition on removal or alteration of security technology;
violation of encoding rules.
Sec. 7. Enforcement.
Sec. 8. Federal Advisory Committee Act exemption.
Sec. 9. Definitions.
Sec. 10. Effective date.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The lack of high quality digital content continues to
hinder consumer adoption of broadband Internet service and
digital television products.
(2) Owners of digital programming and content are
increasingly reluctant to transmit their products unless
digital media devices incorporate technologies that recognize
and respond to content security measures designed to prevent
theft.
(3) Because digital content can be copied quickly, easily,
and without degradation, digital programmers and content owners
face an exponentially increasing piracy threat in a digital
age.
(4) Current agreements reached in the marketplace to
include security technologies in certain digital media devices
fail to provide a secure digital environment because those
agreements do not prevent the continued use and manufacture of
digital media devices that fail to incorporate such security
technologies.
(5) Other existing digital rights management schemes
represent proprietary, partial solutions that limit, rather
than promote, consumers' access to the greatest variety of
digital content possible.
(6) Technological solutions can be developed to protect
digital content on digital broadcast television and over the
Internet.
(7) Competing business interests have frustrated agreement
on the deployment of existing technology in digital media
devices to protect digital content on the Internet or on
digital broadcast television.
(8) The secure protection of digital content is a necessary
precondition to the dissemination, and on-line availability, of
high quality digital content, which will benefit consumers and
lead to the rapid growth of broadband networks.
(9) The secure protection of digital content is a necessary
precondition to facilitating and hastening the transition to
high-definition television, which will benefit consumers.
(10) Today, cable and satellite have a competitive
advantage over digital television because the closed nature of
cable and satellite systems permit encryption, which provides
some protection for digital content.
(11) Over-the-air broadcasts of digital television are not
encrypted for public policy reasons and thus lack those
protections afforded to programming delivered via cable or
satellite.
(12) A solution to this problem is technologically feasible
but will require government action, including a mandate to
ensure its swift and ubiquitous adoption.
(13) Consumers receive content such as video or programming
in analog form.
(14) When protected digital content is converted to analog
for consumers, it is no longer protected and is subject to
conversion into unprotected digital form that can in turn be
copied or redistributed illegally.
(15) A solution to this problem is technologically feasible
but will require government action, including a mandate to
ensure its swift and ubiquitous adoption.
(16) Unprotected digital content on the Internet is subject
to significant piracy, through illegal file sharing,
downloading, and redistribution over the Internet.
(17) Millions of Americans are currently downloading
television programs, movies, and music on the Internet and by
using ``file-sharing'' technology. Much of this activity is
illegal, but demonstrates consumers' desire to access digital
content.
(18) This piracy poses a substantial economic threat to
America's content industries.
(19) A solution to this problem is technologically feasible
but will require government action, including a mandate to
ensure its swift and ubiquitous adoption.
(20) Providing a secure, protected environment for digital
content should be accompanied by a preservation of legitimate
consumer expectations regarding use of digital content in the
home.
(21) Secure technological protections should enable content
owners to disseminate digital content over the Internet without
frustrating consumers' legitimate expectations to use that
content in a legal manner.
(22) Technologies used to protect digital content should
facilitate legitimate home use of digital content.
(23) Technologies used to protect digital content should
facilitate individuals' ability to engage in legitimate use of
digital content for educational or research purposes.
SEC. 3. ADOPTION OF SECURITY SYSTEM STANDARDS AND ENCODING RULES.
(a) Private Sector Efforts.--
(1) In general.--The Federal Communications Commission, in
consultation with the Register of Copyrights, shall make a
determination, not more than 12 months after the date of
enactment of this Act, as to whether--
(A) representatives of digital media device
manufacturers, consumer groups, and copyright owners
have reached agreement on security system standards for
use in digital media devices and encoding rules; and
(B) the standards and encoding rules conform to the
requirements of subsections (d) and (e).
(2) Report to the commerce and judiciary committees.--
Within 6 months after the date of enactment of this Act, the
Commission shall report to the Senate Committee on Commerce,
Science and Transportation, the Senate Committee on the
Judiciary, the House of Representatives Committee on Commerce,
and the House of Representatives Committee on the Judiciary as
to whether--
(A) substantial progress has been made toward the
development of security system standards and encoding
rules that will conform to the requirements of
subsections (d) and (e);
(B) private sector negotiations are continuing in
good faith;
(C) there is a reasonable expectation that final
agreement will be reached within 1 year after the date
of enactment of this Act; and
(D) if it is unlikely that such a final agreement
will be reached by the end of that year, the deadline
should be extended.
(b) Affirmative Determination.--If the Commission makes a
determination under subsection (a)(1) that an agreement on security
system standards and encoding rules that conform to the requirements of
subsections (d) and (e) has been reached, then the Commission shall--
(1) initiate a rulemaking, within 30 days after the date on
which the determination is made, to adopt those standards and
encoding rules; and
(2) publish a final rule pursuant to that rulemaking, not
later than 180 days after initiating the rulemaking, that will
take effect 1 year after its publication.
(c) Negative Determination.--If the Commission makes a
determination under subsection (a)(1) that an agreement on security
system standards and encoding rules that conform to the requirements of
subsections (d) and (e) has not been reached, then the Commission--
(1) in consultation with representatives described in
subsection (a)(1)(A) and the Register of Copyrights, shall
initiate a rulemaking, within 30 days after the date on which
the determination is made, to adopt security system standards
and encoding rules that conform to the requirements of
subsections (d) and (e); and
(2) shall publish a final rule pursuant to that rulemaking,
not later than 1 year after initiating the rulemaking, that
will take effect 1 year after its publication.
(d) Security System Standards.--In achieving the goals of setting
open security system standards that will provide effective security for
copyrighted works, the security system standards shall ensure, to the
extent practicable, that--
(1) the standard security technologies are--
(A) reliable;
(B) renewable;
(C) resistant to attack;
(D) readily implemented;
(E) modular;
(F) applicable to multiple technology platforms;
(G) extensible;
(H) upgradable;
(I) not cost prohibitive; and
(2) any software portion of such standards is based on open
source code.
(e) Encoding Rules.--
(1) Limitations on the exclusive rights of copyright
owners.--In achieving the goal of promoting as many lawful uses
of copyrighted works as possible, while preventing as much
infringement as possible, the encoding rules shall take into
account the limitations on the exclusive rights of copyright
owners, including the fair use doctrine.
(2) Personal use copies.--No person may apply a security
measure that uses a standard security technology to prevent a
lawful recipient from making a personal copy for lawful use in
the home of programming at the time it is lawfully performed,
on an over-the-air broadcast, premium or non-premium cable
channel, or premium or non-premium satellite channel, by a
television broadcast station (as defined in section
122(j)(5)(A) of title 17, United States Code), a cable system
(as defined in section 111(f) of such title), or a satellite
carrier (as defined in section 119(d)(6) of such title).
(f) Means of Implementing Standards.--The security system standards
adopted under subsection (b), (c), or (g) shall provide for secure
technical means of implementing directions of copyright owners for
copyrighted works.
(g) Commission May Revise Standards and Rules Through Rulemaking.--
(1) In general.--The Commission may conduct subsequent
rulemakings to modify any security system standards or encoding
rules established under subsection (b) or (c) or to adopt new
security system standards that conform to the requirements of
subsections (d) and (e).
(2) Consultation required.--The Commission shall conduct
any such subsequent rulemaking in consultation with
representatives of digital media device manufacturers, consumer
groups, and copyright owners described in subsection (a)(1)(A)
and with the Register of Copyrights.
(3) Implementation.--Any final rule published in such a
subsequent rulemaking shall--
(A) apply prospectively only; and
(B) take into consideration the effect of adoption
of the modified or new security system standards and
encoding rules on consumers' ability to utilize digital
media devices manufactured before the modified or new
standards take effect.
(h) Modification of Technology by Private Sector.--
(1) In general.--After security system standards have been
established under subsection (b), (c), or (g) of this section,
representatives of digital media device manufacturers, consumer
groups, and copyright owners described in subsection (a)(1)(A)
may modify the standard security technology that adheres to the
security system standards rules established under this section
if those representatives determine that a change in the
technology is necessary because--
(A) the technology in use has been compromised; or
(B) technological improvements warrant upgrading
the technology in use.
(2) Implementation notification.--The representatives
described in paragraph (1) shall notify the Commission of any
such modification before it is implemented or, if immediate
implementation is determined by the representatives to be
necessary, as soon thereafter as possible.
(3) Compliance with subsection (d) requirements.--The
Commission shall ensure that any modification of standard
security technology under this subsection conforms to the
requirements of subsection (d).
SEC. 4. PRESERVATION OF THE INTEGRITY OF SECURITY.
An interactive computer service shall store and transmit with
integrity any security measure associated with standard security
technologies that is used in connection with copyrighted material such
service transmits or stores.
SEC. 5. PROHIBITION ON SHIPMENT IN INTERSTATE COMMERCE OF NONCONFORMING
DIGITAL MEDIA DEVICES.
(a) In General.--A manufacturer, importer, or seller of digital
media devices may not--
(1) sell, or offer for sale, in interstate commerce, or
(2) cause to be transported in, or in a manner affecting,
interstate commerce,
a digital media device unless the device includes and utilizes standard
security technologies that adhere to the security system standards
adopted under section 3.
(b) Exception.--Subsection (a) does not apply to the sale, offer
for sale, or transportation of a digital media device that was legally
manufactured or imported, and sold to the consumer, prior to the
effective date of regulations adopted under section 3 and not
subsequently modified in violation of section 6(a).
SEC. 6. PROHIBITION ON REMOVAL OR ALTERATION OF SECURITY TECHNOLOGY;
VIOLATION OF ENCODING RULES.
(a) Removal or Alteration of Security Technology.--No person may--
(1) knowingly remove or alter any standard security
technology in a digital media device lawfully transported in
interstate commerce; or
(2) knowingly transmit or make available to the public any
copyrighted material where the security measure associated with
a standard security technology has been removed or altered,
without the authority of the copyright owner.
(b) Compliance With Encoding Rules.--No person may knowingly apply
to a copyrighted work, that has been distributed to the public, a
security measure that uses a standard security technology in violation
of the encoding rules adopted under section 3.
SEC. 7. ENFORCEMENT.
(a) In General.--The provisions of section 1203 and 1204 of title
17, United States Code, shall apply to any violation of this Act as
if--
(1) a violation of section 5 or 6(a)(1) of this Act were a
violation of section 1201 of title 17, United States Code; and
(2) a violation of section 4 or section 6(a)(2) of this Act
were a violation of section 1202 of that title.
(b) Statutory Damages.--A court may award damages for each
violation of section 6(b) of not less than $200 and not more than
$2,500, as the court considers just.
SEC. 8. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) does not apply
to any committee, board, commission, council, conference, panel, task
force, or other similar group of representatives of digital media
devices and representatives of copyright owners convened for the
purpose of developing the security system standards and encoding rules
described in section 3.
SEC. 9. DEFINITIONS.
In this Act:
(1) Standard security technology.--The term ``standard
security technology'' means a security technology that adheres
to the security system standards adopted under section 3.
(2) Interactive computer service.--The term ``interactive
computer service'' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
(3) Digital media device.--The term ``digital media
device'' means any hardware or software that--
(A) reproduces copyrighted works in digital form;
(B) converts copyrighted works in digital form into
a form whereby the images and sounds are visible or
audible; or
(C) retrieves or accesses copyrighted works in
digital form and transfers or makes available for
transfer such works to hardware or software described
in subparagraph (B).
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act,
except that sections 4, 5, and 6 shall take effect on the day on which
the final rule published under section 3(b) or (c) takes effect. | Consumer Broadband and Digital Television Promotion Act - Requires the Federal Communications Commission (FCC) to make a determination as to whether: (1) representatives of digital media device manufacturers, consumer groups, and copyright owners (representatives) have reached agreement on security system standards for use in digital media devices and encoding rules; and (2) such standards and rules conform with security system standards and encoding rules required under this Act. Provides for the adoption of conforming standards and rules based on whether such determination is affirmative or negative. Outlines appropriate security system standards and encoding rules. Authorizes: (1) the FCC to revise implemented standards and rules through rulemaking; or (2) representatives to modify implemented standards in response to a compromise or upgrade of technology.Requires an interactive computer service to store and transmit with integrity any technology security measure used in connection with copyrighted material that such service transmits or stores.Prohibits: (1) the sale or shipment in interstate commerce of nonconforming digital media devices; (2) the removal or alteration of security technology in a digital media device; or (3) application to a copyrighted work of a security measure that uses a standard security technology in violation of encoding rules.Provides for enforcement of violations of this Act. | {"src": "billsum_train", "title": "A bill to regulate interstate commerce in certain devices by providing for private sector development of technological protection measures to be implemented and enforced by Federal regulations to protect digital content and promote broadband as well as the transition to digital television, and for other purposes."} | 3,347 | 281 | 0.598715 | 1.748298 | 0.799788 | 3.879167 | 13.116667 | 0.929167 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicaid Services
Restoration Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REHABILITATIVE SERVICES PROTECTIONS
Sec. 101. Inclusion of therapeutic foster care as medical assistance.
Sec. 102. Reasonable and efficient payment methodologies for
rehabilitative services.
Sec. 103. Inclusion of attainment and retention of functional status in
rehabilitative services.
Sec. 104. Clarification of coverage of EPSDT services for children
receiving inpatient psychiatric hospital
services.
Sec. 105. Third party liability clarification relating to diagnostic,
screening, preventive, and rehabilitative
services.
Sec. 106. Effective date.
TITLE II--CASE MANAGEMENT AND TARGETED CASE MANAGEMENT PROTECTIONS
Sec. 201. Third party liability clarification relating to case
management and targeted case management.
Sec. 202. Reasonable and efficient payment methodologies for case
management services.
Sec. 203. Protecting health and safety.
Sec. 204. Codification of Olmstead standard; protecting children.
Sec. 205. Assuring appropriate case management.
Sec. 206. Effective date.
TITLE I--REHABILITATIVE SERVICES PROTECTIONS
SEC. 101. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (a)--
(A) in paragraph (27), by striking ``and'' at the
end;
(B) by redesignating paragraph (28) as paragraph
(29); and
(C) by inserting after paragraph (27) the following
new paragraph:
``(28) therapeutic foster care services described in
subsection (y); and''; and
(2) by adding at the end the following new subsection:
``(y)(1) For purposes of subsection (a)(28), therapeutic foster
care services described in this subsection are services provided for
children who have not attained age 21, and, as a result of mental
illness, other emotional or behavioral disorders, medically fragile
conditions, or developmental disabilities need the level of care
normally provided in an institution (including a psychiatric
residential treatment facility) or nursing facility but who can be
cared for in a community placement, through therapeutic foster care
programs that--
``(A) are licensed by the State and accredited by the Joint
Commission on Accreditation of Healthcare Organizations, the
Commission on Accreditation of Rehabilitation Facilities, or
the Council on Accreditation;
``(B) provide structured daily activities, including the
development, improvement, monitoring, and reinforcing of age-
appropriate social, communication and behavioral skills, crisis
intervention and crisis support services, medication
monitoring, counseling, and case management, and may furnish
other intensive community services; and
``(C) provide foster care parents with specialized training
and consultation in the management of children with mental
illness, other emotional or behavioral disorders, medically
fragile conditions, or developmental disabilities, and specific
additional training on the needs of each child provided such
services.
``(2) In the case of a child in State custody or for whom the State
makes foster care maintenance payments under part E of title IV such
services shall not include room and board.''.
SEC. 102. REASONABLE AND EFFICIENT PAYMENT METHODOLOGIES FOR
REHABILITATIVE SERVICES.
Section 1905(a)(13) of the Social Security Act (42 U.S.C.
1396d(a)(13)), as amended by section 103, is amended by inserting
``(and which reimbursement for, in the case of rehabilitative services,
may be made through the establishment of reasonable and efficient
payment methodologies, including fee-for-service payments, case rates,
daily rates, or other forms of capitated payment'' after ``status''.
SEC. 103. INCLUSION OF ATTAINMENT AND RETENTION OF FUNCTIONAL STATUS IN
REHABILITATIVE SERVICES.
Section 1905(a)(13) of the Social Security Act (42 U.S.C.
1396d(a)(13)) is amended by striking ``and restoration of an individual
to the best possible functional level'' and inserting ``, restoration
of an individual to the best possible functional level, or attainment
or retention of the individual's best possible functional status''.
SEC. 104. CLARIFICATION OF COVERAGE OF EPSDT SERVICES FOR CHILDREN
RECEIVING INPATIENT PSYCHIATRIC HOSPITAL SERVICES.
Section 1905(h)(1) of the Social Security Act (42 U.S.C.
1396d(h)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' after the
semicolon; and
(3) by inserting after subparagraph (C), the following new
subparagraph:
``(D) services described in subsection (r) which are
provided on an inpatient or outpatient basis to an individual
receiving inpatient services described in subparagraph (A),
(B), or (C).''.
SEC. 105. THIRD PARTY LIABILITY CLARIFICATION RELATING TO DIAGNOSTIC,
SCREENING, PREVENTIVE, AND REHABILITATIVE SERVICES.
Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is
amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) Nothing in this title shall be construed as prohibiting or
restricting, or authorizing the Secretary to prohibit or restrict,
payment under subsection (a) for medical assistance for services
provided under section 1905(a)(13) to eligible individuals furnished by
qualified providers under non-medical programs, provided, however, a
State or local agency administering such plan shall comply with section
1902(a)(25).''.
SEC. 106. EFFECTIVE DATE.
The amendments made by this title shall take effect as if enacted
on July 1, 2008.
TITLE II--CASE MANAGEMENT AND TARGETED CASE MANAGEMENT PROTECTIONS
SEC. 201. THIRD PARTY LIABILITY CLARIFICATION RELATING TO CASE
MANAGEMENT AND TARGETED CASE MANAGEMENT.
Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)), as
amended by section 105, is amended by adding at the end the following
new paragraph:
``(3) Nothing in this title shall be construed as prohibiting or
restricting, or authorizing the Secretary to prohibit or restrict
payment under subsection (a) for medical assistance for services
provided under section 1915 (g) to eligible individuals furnished by
qualified providers under non-medical programs, provided, however, a
State or local agency administering such plan shall comply with section
1902(a)(25).''.
SEC. 202. REASONABLE AND EFFICIENT PAYMENT METHODOLOGIES FOR CASE
MANAGEMENT SERVICES.
Section 1915(g)(4) of the Social Security Act (42 U.S.C.
1396n(g)(4)) is amended by adding at the end the following new
subparagraph:
``(C) Reimbursement for case management and targeted case
management services may be made through the establishment of reasonable
and efficient payment methodologies including fee-for-service payments,
case rates, daily rates, or other forms of capitated payment.''.
SEC. 203. PROTECTING HEALTH AND SAFETY.
Section 1915(c)(4) of the Social Security Act (42 U.S.C.
1396n(c)(4)) is amended by adding after the second sentence the
following new sentence: ``For the purpose of developing and monitoring
the implementation of the written plan of care required under paragraph
(1), and to assure the health and welfare of individuals, the State may
require case management services for each beneficiary and may limit the
case managers available with respect to case management services for
eligible individuals in order to ensure that the case managers for such
individuals are capable of ensuring that such individuals receive
needed services.''.
SEC. 204. CODIFICATION OF OLMSTEAD STANDARD; PROTECTING CHILDREN.
Section 1915(g)(2)(A) of the Social Security Act (42 U.S.C.
1396n(g)(2)(A)) is amended--
(1) in clause (i), by striking ``services which will'' and
all that follows through the period and inserting ``services
furnished to assist individuals, eligible under the State plan
who reside in a community setting or are transitioning to a
community setting, in gaining access to needed medical, social,
educational, and other services. Such services may be offered
by staff of non-medical programs or those who contract with
non-medical programs, so long as such individuals are qualified
providers under the State plan under this title and the case
management services are distinct from the direct services of
the non-medical program.'';
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) (as amended by paragraph
(1)), the following new clause:
``(ii) For purposes of providing case management services,
individuals (other than individuals who have attained age 22
but not attained age 65 and are patients in an institution for
mental diseases or individuals who are inmates of public
institutions) may be considered to be transitioning to a
community setting for up to the last 180 days of an
institutional stay.''.
SEC. 205. ASSURING APPROPRIATE CASE MANAGEMENT.
Section 1915(g)(4) of the Social Security Act (42 U.S.C.
1396n(g)(4)), as amended by section 202, is amended by adding at the
end the following:
``(D) Nothing in this subsection shall be construed as prohibiting
a State from providing case management or targeted case management
services, as defined in subparagraphs (A) and (B), respectively, of
paragraph (2), through multiple case managers to any individual who
qualifies for medical assistance under the State plan, or to specific
classes of individuals, or to individuals who reside in specified
areas, selected by the State pursuant to this subsection.''.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall take effect as if enacted
on December 4, 2007. | Medicaid Services Restoration Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to extend medical assistance coverage to therapeutic foster care services.
Allows reasonable and efficient payment methodologies, including fee-for-service payments, case rates, daily rates, or other forms of capitated payment, as means of reimbursement for rehabilitative services.
Includes medical or remedial services for attainment and retention of functional status among rehabilitative services.
Includes among inpatient psychiatric hospital services for children early and periodic screening, diagnostic, and treatment services.
Allows payment for medical assistance for diagnostic, screening, preventive, and rehabilitative services or optional targeted case management services furnished by qualified providers under non-medical programs, provided a state or local agency administering such plan complies with certain requirements.
Allows reasonable and efficient payment methodologies for reimbursement for case management and targeted case management services.
Authorizes the state to: (1) require case management services for each beneficiary; and (2) limit the case managers available in order to ensure that the case managers for eligible individuals are capable of ensuring that such individuals receive needed services. Allows staff of non-medical programs, or contractors with non-medical programs, to offer such services, so long as: (1) such individuals are state-qualified providers; and (2) the case management services are distinct from the non-medical program's direct services.
Redefines case management services to mean those furnished to assist eligible individuals, who reside in a community setting or are transitioning to a community setting, in gaining access to needed medical, social, educational, and other services.
Allows a state to provide case management or targeted case management services through multiple case managers to: (1) any qualified individual; (2) specific classes of individuals; or (3) individuals who reside in specified areas selected by the state. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to improve the provision of rehabilitation services and case management and targeted case management services under the Medicaid program, and for other purposes."} | 2,452 | 392 | 0.585112 | 1.849584 | 0.793339 | 4.595041 | 5.652893 | 0.931129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tijuana River Valley Estuary and
Beach Sewage Cleanup Act of 2000''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the United States to take
actions to address comprehensively the treatment of sewage emanating
from the Tijuana River area, Mexico, that flows untreated or partially
treated into the United States causing significant adverse public
health and environmental impacts.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commission.--The term ``Commission'' means the United
States section of the International Boundary and Water
Commission, United States and Mexico.
(3) IWTP.--The term ``IWTP'' means the South Bay
International Wastewater Treatment Plant constructed under the
provisions of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), section 510 of the Water Quality Act of
1987 (101 Stat. 80-82), and Treaty Minutes to the Treaty for
the Utilization of Waters of the Colorado and Tijuana Rivers
and of the Rio Grande, dated February 3, 1944.
(4) Secondary treatment.--The term ``secondary treatment''
has the meaning such term has under the Federal Water Pollution
Control Act and its implementing regulations.
(5) Secretary.--The term ``Secretary'' means the Secretary
of State.
(6) Mexican facility.--The term ``Mexican facility'' means
a proposed public-private wastewater treatment facility to be
constructed and operated under this Act within Mexico for the
purpose of treating sewage flows generated within Mexico, which
flows impact the surface waters, health, and safety of the
United States and Mexico.
(7) MGD.--The term ``mgd'' means million gallons per day.
SEC. 4. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE ADMINISTRATOR.
(a) Secondary Treatment.--
(1) In general.--Subject to the negotiation and conclusion
of a new Treaty Minute or the amendment of Treaty Minute 283
under section 5, and notwithstanding section 510(b)(2) of the
Water Quality Act of 1987 (101 Stat. 81), the Commission is
authorized and directed to provide for the secondary treatment
of a total of not more than 50 mgd in Mexico--
(A) of effluent from the IWTP if such treatment is
not provided for at a facility in the United States;
and
(B) of additional sewage emanating from the Tijuana
River area, Mexico.
(2) Additional authority.--Subject to the results of the
comprehensive plan developed under subsection (b) revealing a
need for additional secondary treatment capacity in the San
Diego-Tijuana border region and recommending the provision of
such capacity in Mexico, the Commission may provide not more
than an additional 25 mgd of secondary treatment capacity in
Mexico for treatment described in paragraph (1).
(b) Comprehensive Plan.--Not later than 24 months after the date of
the enactment of this Act, the Administrator shall develop a
comprehensive plan with stakeholder involvement to address the
transborder sanitation problems in the San Diego-Tijuana border region.
The plan shall include, at a minimum--
(1) an analysis of the long-term secondary treatment needs
of the region;
(2) an analysis of upgrades in the sewage collection system
serving the Tijuana area, Mexico; and
(3) an identification of options, and recommendations for
preferred options, for additional sewage treatment capacity for
future flows emanating from the Tijuana River area, Mexico.
(c) Contract.--
(1) In general.--Subject to the availability of
appropriations to carry out this subsection and notwithstanding
any provision of Federal procurement law, upon conclusion of a
new Treaty Minute or the amendment of Treaty Minute 283 under
section 5, the Commission may enter into a fee-for-services
contract with the owner of a Mexican facility in order to carry
out the secondary treatment requirements of subsection (a) and
make payments under such contract.
(2) Terms.--Any contract under this subsection shall
provide, at a minimum, for the following:
(A) Transportation of the advanced primary effluent
from the IWTP to the Mexican facility for secondary
treatment.
(B) Treatment of the advanced primary effluent from
the IWTP to the secondary treatment level in compliance
with water quality laws of the United States,
California, and Mexico.
(C) Return conveyance from the Mexican facility of
any such treated effluent that cannot be reused in
either Mexico or the United States to the South Bay
Ocean Outfall for discharge into the Pacific Ocean in
compliance with water quality laws of the United States
and California.
(D) Subject to the requirements of subsection (a),
additional sewage treatment capacity that provides for
advanced primary and secondary treatment of sewage
described in subsection (a)(1)(B) in addition to the
capacity required to treat the advanced primary
effluent from the IWTP.
(E) A contract term of 30 years.
(F) Arrangements for monitoring, verification, and
enforcement of compliance with United States,
California, and Mexican water quality standards.
(G) Arrangements for the disposal and use of
sludge, produced from the IWTP and the Mexican
facility, at a location or locations in Mexico.
(H) Payment of fees by the Commission to the owner
of the Mexican facility for sewage treatment services
with the annual amount payable to reflect all agreed
upon costs associated with the development, financing,
construction, operation, and maintenance of the Mexican
facility.
(I) Provision for the transfer of ownership of the
Mexican facility to the United States, and provision
for a cancellation fee by the United States to the
owner of the Mexican facility, if the Commission fails
to perform its obligations under the contract. The
cancellation fee shall be in amounts declining over the
term of the contract anticipated to be sufficient to
repay construction debt and other amounts due to the
owner that remain unamortized due to early termination
of the contract.
(J) Provision for the transfer of ownership of the
Mexican facility to the United States, without a
cancellation fee, if the owner of the Mexican facility
fails to perform the obligations of the owner under the
contract.
(K) To the extent practicable, the use of
competitive procedures by the owner of the Mexican
facility in the procurement of property or services for
the engineering, construction, and operation and
maintenance of the Mexican facility.
(L) An opportunity for the Commission to review and
approve the selection of contractors providing
engineering, construction, and operation and
maintenance for the Mexican facility.
(M) The maintenance by the owner of the Mexican
facility of all records (including books, documents,
papers, reports, and other materials) necessary to
demonstrate compliance with the terms of this Act and
the contract.
(N) Access by the Inspector General of the
Department of State or the designee of the Inspector
General for audit and examination of all records
maintained pursuant to subparagraph (M) to facilitate
the monitoring and evaluation required under subsection
(d).
(3) Limitation.--The Contract Disputes Act of 1978 (41
U.S.C. 601-613) shall not apply to a contract executed under
this section.
(d) Implementation.--
(1) In general.--The Inspector General of the Department of
State shall monitor the implementation of any contract entered
into under this section and evaluate the extent to which the
owner of the Mexican facility has met the terms of this section
and fulfilled the terms of the contract.
(2) Report.--The Inspector General shall transmit to
Congress a report containing the evaluation under paragraph (1)
not later than 2 years after the execution of any contract with
the owner of the Mexican facility under this section, 3 years
thereafter, and periodically after the second report under this
paragraph.
SEC. 5. NEGOTIATION OF NEW TREATY MINUTE.
(a) Congressional Statement.--In light of the existing threat to
the environment and to public health and safety within the United
States as a result of the river and ocean pollution in the San Diego-
Tijuana border region, the Secretary is requested to give the highest
priority to the negotiation and execution of a new Treaty Minute, or a
modification of Treaty Minute 283, consistent with the provisions of
this Act, in order that the other provisions of this Act to address
such pollution may be implemented as soon as possible.
(b) Negotiation.--
(1) Initiation.--The Secretary is requested to initiate
negotiations with Mexico, within 60 days after the date of the
enactment of this Act, for a new Treaty Minute or a
modification of Treaty Minute 283 consistent with the
provisions of this Act.
(2) Implementation.--Implementation of a new Treaty Minute
or of a modification of Treaty Minute 283 under this Act shall
be subject to the provisions of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Matters to be addressed.--A new Treaty Minute or a
modification of Treaty Minute 283 under paragraph (1) should
address, at a minimum, the following:
(A) The siting of treatment facilities in Mexico
and in the United States.
(B) Provision for the secondary treatment of
effluent from the IWTP at a Mexican facility if such
treatment is not provided for at a facility in the
United States.
(C) Provision for additional capacity for advanced
primary and secondary treatment of additional sewage
emanating from the Tijuana River area, Mexico, in
addition to the treatment capacity for the advanced
primary effluent from the IWTP at the Mexican facility.
(D) Provision for any and all approvals from
Mexican authorities necessary to facilitate water
quality verification and enforcement at the Mexican
facility.
(E) Any terms and conditions considered necessary
to allow for use in the United States of treated
effluent from the Mexican facility, if there is
reclaimed water which is surplus to the needs of users
in Mexico and such use is consistent with applicable
United States and California law.
(F) Any other terms and conditions considered
necessary by the Secretary in order to implement the
provisions of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Passed the House of Representatives September 12, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Authorizes the Commission, subject to the results of the comprehensive plan developed under this Act revealing a need for additional secondary treatment capacity in the San Diego-Tijuana border region (border region) and recommending the provision of such capacity in Mexico, to provide up to an additional 25 mgd of such capacity for the above-described treatment.
Requires the Administrator of the Environmental Protection Agency to develop a comprehensive plan with stakeholder involvement to address the transborder sanitation problems in the border region.
Permits the Commission, upon conclusion of a new Treaty Minute or the amendment of Treaty Minute 283, to enter into a fee-for-services contract with the owner of the Mexican Facility (proposed wastewater treatment facility to be constructed within Mexico for treating sewage flows generated within Mexico, which flows impact U.S. and Mexican surface waters, health, and safety) to carry out the secondary treatment requirements of this Act. Requires the Inspector General of the Department of State to monitor and report to Congress on such contract.
Requests the Secretary of State to give the highest priority to the negotiation and execution of a new Treaty Minute or a modification of Treaty Minute 283 in order that the other provisions of this Act to address river and ocean pollution in the border region may be implemented as soon as possible. Requests the Secretary to initiate such negotiations with Mexico. Requires the new or modified Treaty Minute to be subject to the provisions of the National Environmental Policy Act of 1969.
Authorizes appropriations. | {"src": "billsum_train", "title": "Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000"} | 2,304 | 326 | 0.621197 | 1.85885 | 0.731423 | 4.904255 | 7.599291 | 0.953901 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Access to Emergency
Medical Services Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES
Sec. 101. Establishment.
Sec. 102. Duties.
Sec. 103. Membership.
Sec. 104. Staff and consultants.
Sec. 105. Powers.
Sec. 106. Report on ways to promote the effective delivery of emergency
medical services.
Sec. 107. Termination.
Sec. 108. Authorization of appropriations.
TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES
Sec. 201. Additional payments for certain physicians' services.
TITLE III--CENTERS FOR MEDICARE & MEDICAID SERVICES WORKING GROUP TO
IMPROVE EMERGENCY CARE EFFICIENCY
Sec. 301. Centers for Medicare & Medicaid Services Working Group to
improve emergency care efficiency.
TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES
SEC. 101. ESTABLISHMENT.
There is established the United States Bipartisan Commission on
Access to Emergency Medical Services (in this title referred to as the
``Commission'').
SEC. 102. DUTIES.
(a) In General.--The Commission shall perform the following duties:
(1) Identify and examine factors (including factors
described in subsection (b)) in the health care delivery,
financing, and legal systems that affect the effective delivery
of screening and stabilization services furnished in hospitals
that have emergency departments pursuant to EMTALA.
(2) Make specific recommendations to Congress, taking into
account the considerations specified in subsection (c), with
respect to Federal programs, policies, and financing needed to
assure the availability of such screening and stabilization
services and the coordination of State, local, and Federal
programs for responding to disasters and emergencies.
(b) Factors Considered.--For purposes of subsection (a)(1), the
Commission shall examine at least the following factors, with respect
to emergency departments of hospitals:
(1) Crowded conditions in such emergency departments and
the practice of boarding patients who require admission, or
have already been admitted, to a hospital for extended periods
in such departments and in the areas adjacent to such
departments.
(2) With respect to individuals who present at such
emergency departments for the treatment of emergency medical
conditions, any barriers that impede access within a reasonable
period of time to screening, stabilization services, and other
appropriate consultations of physicians listed by the hospital
on its list of on-call physicians.
(3) The potential legal and financial liability of health
care professionals and providers with respect to services
required to be furnished to patients under EMTALA, relating to
the requirement of emergency departments to screen and
appropriately treat or transfer individuals presenting
themselves at the departments with emergency medical conditions
and women in labor.
(c) Considerations in Recommendations.--In making recommendations
under subsection (a)(2), the Commission shall consider the following:
(1) Any changes in Federal law that would be necessary to
promote the effective delivery of emergency medical services.
(2) The amount and sources of Federal funds to finance such
changes.
(3) The advantages and disadvantages of alternative
approaches to protecting health care professionals and
providers from legal and financial liability with respect to
services required to be furnished to individuals under EMTALA.
(4) The most efficient and effective manner of coordinating
State, local, and Federal programs for responding to disasters
and emergencies, with respect to the delivery of emergency
medical services.
(d) Definitions.--For purposes of this title:
(1) Hospital.--The term ``hospital'' means a hospital (as
defined in subsection (e) of section 1861 of the Social
Security Act (42 U.S.C. 1395x)) and a critical access hospital
(as defined in subsection (mm) of such section).
(2) EMTALA.--The term ``EMTALA'' means section 1867 of the
Social Security Act (42 U.S.C. 1395dd).
SEC. 103. MEMBERSHIP.
(a) Appointment.--
(1) The Commission shall be composed of 24 members, who
shall be appointed not later than the date that is 60 days
after the date of the enactment of this Act and in accordance
with paragraph (2), as follows:
(A) The President shall appoint 8 members of the
Commission.
(B) The Speaker of the House of Representatives,
after consultation with the minority leader of the
House of Representatives, shall appoint 8 members of
the Commission.
(C) The majority leader of the Senate, after
consultation with the minority leader of the Senate,
shall appoint 8 members of the Commission.
(2) Of the members appointed under paragraph (1), the
President, the Speaker of the House of Representatives, and the
majority leader of the Senate shall each appoint as members of
the commission--
(A) two individuals who represent emergency
physicians, emergency nurses, and other health care
professionals who provide emergency medical services;
(B) two individuals who are elected or appointed
Federal, State, or local officials and who are involved
in issues and programs related to the provision of
emergency medical services;
(C) two health care consumer advocates; and
(D) two individuals who represent hospitals and
health systems that provide emergency medical services.
(b) Chairperson and Vice Chairperson.--The Commission shall elect a
chairperson and 4 vice chairpersons from among its members.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Vacancies.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term. A
member may serve after the expiration of that member's term until a
successor has taken office. Any vacancy in the membership of the
Commission shall be filled in the manner in which the original
appointment was made and shall not affect the power of the remaining
members to execute the duties of the Commission.
(e) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Travel expenses.--All members of the Commission shall
be reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Commission
while away from their homes or regular places of business, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(f) Quorum.--A quorum shall consist of 9 members of the Commission,
except that 6 or more members may conduct a hearing under section
105(a).
(g) Meetings.--The Commission shall meet at the call of its
chairperson or a majority of its members.
SEC. 104. STAFF AND CONSULTANTS.
(a) Staff.--The Commission may appoint and determine the
compensation of such staff as may be necessary to carry out the duties
of the Commission. Such appointments and compensation may be made
without regard to the provisions of title 5, United States Code, that
govern appointments in the competitive services, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title that relate
to classifications and the General Schedule pay rates.
(b) Consultants.--The Commission may procure such temporary and
intermittent services of experts and consultants as the Commission
determines to be necessary to carry out the duties of the Commission,
in accordance with section 3109(b) of title 5, United States Code, but
at rates for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for grade GS-15 of the General
Schedule under section 5332 of such title.
(c) Detail of Federal Employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to detail,
without reimbursement to the agency, any of the personnel of such
agency to the Commission to assist the Commission in carrying out its
duties. Any such detail shall not interrupt or otherwise affect the
civil service status or privileges of such personnel.
SEC. 105. POWERS.
(a) Hearings and Other Activities.--The Commission may, for the
purpose of carrying out this title, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the Commission
determines necessary to carry out its duties. The Commission may
administer oaths or affirmations to witnesses appearing before it.
(b) Studies by Government Accountability Office.--Upon the request
of the Commission, the Comptroller General shall conduct such studies
or investigations as the Commission determines to be necessary to carry
out its duties.
(c) Cost Estimates by Congressional Budget Office.--
(1) Duty to provide requested estimates.--Upon the request
of the Commission, the Director of the Congressional Budget
Office shall provide to the Commission such cost estimates as
the Commission determines to be necessary to carry out its
duties.
(2) Reimbursement for development of cost estimates.--The
Commission shall reimburse the Director of the Congressional
Budget Office for expenses relating to the employment in the
office of the Director of such additional staff as may be
necessary for the Director to comply with requests by the
Commission under paragraph (1).
(d) Technical Assistance.--Upon the request of the Commission, the
head of a Federal agency shall provide such technical assistance to the
Commission as the Commission determines to be necessary to carry out
its duties.
(e) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies,
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(f) Obtaining Information.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry out its
duties, if the information may be disclosed under section 552 of title
5, United States Code. Upon request of the Chairperson of the
Commission, the head of such agency shall furnish such information to
the Commission.
(g) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
(h) Acceptance of Donations.--The Commission may accept, use, and
dispose of gifts and donations of services or property.
(i) Printing.--For purposes of costs relating to printing and
binding, including the costs of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 106. REPORT ON WAYS TO PROMOTE THE EFFECTIVE DELIVERY OF EMERGENCY
MEDICAL SERVICES.
Not later than the date that is 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress and the
Secretary of Health and Human Services a report containing its findings
and recommendations described in section 102(a), including
recommendations to remove any identified barriers to the effective
delivery of emergency medical services in the United States and
detailed recommendations for appropriate legislative initiatives to
remove such barriers.
SEC. 107. TERMINATION.
The Commission shall terminate 30 days after the date of submission
of the report required in section 106.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES
SEC. 201. ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES.
(a) In General.--Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended by adding at the end the following new subsection:
``(v) Additional Payment for Physicians' Services Furnished
Pursuant to EMTALA.--In the case of physicians' services furnished on
or after January 1, 2008, in the emergency department of a hospital (as
defined in subsection (e)(5) of section 1867) pursuant to such section
to an individual covered under the insurance program established under
this part, in addition to the amount of payment that will otherwise be
made for such services under this part, there shall also be paid to the
physician or other person involved (or in the cases described in
subparagraph (A) of section 1842(b)(6), to an employer or other entity
involved) from the Federal Supplementary Trust Fund an amount equal to
10 percent of the payment amount for the services under this part
(determined without regard to any additional amounts paid under
subsection (m) or (u)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to services furnished on or after January 1, 2008.
TITLE III--CENTERS FOR MEDICARE & MEDICAID SERVICES WORKING GROUP TO
IMPROVE EMERGENCY CARE EFFICIENCY
SEC. 301. CENTERS FOR MEDICARE & MEDICAID SERVICES WORKING GROUP TO
IMPROVE EMERGENCY CARE EFFICIENCY.
(a) Working Group.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services, shall convene a working group (in
this section referred to as the ``CMS working group'') that
includes experts in emergency care, inpatient critical care,
hospital operations management, nursing, and other relevant
disciplines. The members of the CMS working group shall be
appointed by the Administrator.
(2) Duties.--
(A) Development of standards.--The CMS working
group shall develop--
(i) boarding and diversion standards for
hospitals; and
(ii) guidelines, measures, and incentives
for implementation, monitoring, and enforcement
of the standards developed under clause (i).
(B) Identification of barriers.--The CMS working
group shall identify barriers contributing to delays in
timely processing of patients requiring admission as an
inpatient of a hospital who initially sought care
through the emergency department of the hospital.
(C) Identification of best practices.--The CMS
working group shall identify best practices to improve
patient flow within hospitals.
(D) Report.--Not later than the date that is 2
years after the date of the enactment of this Act, the
CMS Working Group shall submit to Congress and the
Secretary of Health and Human Services a report
containing a detailed description of the standards,
guidelines, measures, and incentives developed under
subparagraph (A), the barriers identified under
subparagraph (B), and the best practices identified
under subparagraph (C), together with recommendations
for such legislative and administrative actions as the
CMS Working group considers appropriate.
(3) Information.--In carrying out its duties under
paragraph (2), the CMS Working Group may request such
information from hospitals that the CMS Working Group considers
appropriate.
(4) Termination.--The CMS Working Group shall terminate 30
days after the date of submission of the report required in
paragraph (2)(D).
(b) Disclosure of Failure to Report.--The Secretary of Health and
Human Services shall establish a mechanism (such as publication on an
Internet website or in the Federal Register, or both) to disclose to
the public information regarding any hospital that fails to report
information requested by the CMS working group under subsection (a)(3)
and the type of information the hospital failed to report.
(c) Hospital Defined.--In this section, the term ``hospital'' means
a hospital (as defined in subsection (e) of section 1861 of the Social
Security Act (42 U.S.C. 1395x)) and a critical access hospital (as
defined in subsection (mm) of such section). | Access to Emergency Medical Services Act of 2007 - Establishes the United States Bipartisan Commission on Access to Emergency Medical Services to: (1) identify and examine factors in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to the Emergency Medical Treatment and Labor Act (EMTALA); and (2) make specific recommendations to Congress with respect to federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of state, local, and federal programs for responding to disasters and emergencies.
Amends title XVIII (Medicare) of the Social Security Act to provide for additional payments for certain physicians' emergency services furnished pursuant to EMTALA.
Directs the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to convene a working group that includes experts in emergency care, inpatient critical care, hospital operations management, nursing, and other relevant disciplines to develop boarding and diversion standards for hospitals and guidelines, measures, and incentives for implementation, monitoring, and enforcement of such standards.
Requires the CMS working group to: (1) identify barriers contributing to delays in timely processing of patients requiring admission as inpatients who initially sought care through the hospital's emergency department; (2) identify best practices to improve patient flow within hospitals; and (3) report to Congress and the Secretary a detailed description of the standards, guidelines, measures, and incentives developed, as well as identified barriers and best practices.
Directs the Secretary to establish a mechanism to make public information regarding any hospital that fails to report information requested by the CMS working group. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve access to emergency medical services and the quality and efficiency of care furnished in emergency departments of hospitals and critical access hospitals by establishing a bipartisan commission to examine factors that affect the effective delivery of such services, by providing for additional payments for certain physician services furnished in such emergency departments, and by establishing a Centers for Medicare & Medicaid Services Working Group, and for other purposes."} | 3,506 | 355 | 0.620186 | 1.970519 | 1.00812 | 5.521084 | 9.521084 | 0.972892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Line Item Veto Act of
1993.''
SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE PRESIDENT.
The Impoundment Control Act of 1974 is amended by adding at the end
thereof the following new title:
``TITLE XI--LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY
``Part A--Legislative Line Item Veto Rescission Authority
``grant of authority and conditions
``Sec. 1101. (a) In General.--Notwithstanding the provisions of
part B of title X and subject to the provisions of part B of this
title, the President may rescind all or part of any budget authority,
if the President--
``(1) determines that--
``(A) such rescission would help balance the
Federal budget, reduce the Federal budget deficit, or
reduce the public debt;
``(B) such rescission will not impair any essential
Government functions; and
``(C) such rescission will not harm the national
interest; and
``(2)(A) notifies the Congress of such rescission by a
special message not later than 20 calendar days (not including
Saturdays, Sundays, or holidays) after the date of enactment of
a regular or supplemental appropriations Act or a joint
resolution making continuing appropriations providing such
budget authority; or
``(B) notifies the Congress of such rescission by special
message accompanying the submission of the President's budget
to Congress and such rescissions have not been proposed
previously for that fiscal year.
The President shall submit a separate rescission message for each
appropriations bill under paragraph (2)(A).
``(b) Rescission Effective Unless Disapproved.--(1)(A) Any amount
of budget authority rescinded under this title as set forth in a
special message by the President shall be deemed canceled unless during
the period described in subparagraph (B), a rescission disapproval bill
making available all of the amount rescinded is enacted into law.
``(B) The period referred to in subparagraph (A) is--
``(i) a Congressional review period of 20 calendar days of
session under part B, during which Congress must complete
action on the rescission disapproval bill and present such bill
to the President for approval or disapproval;
``(ii) after the period provided in clause (i), an
additional 10 days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission disapproval bill; and
``(iii) if the President vetoes the rescission disapproval
bill during the period provided in clause (ii), an additional 5
calendar days of session after the date of the veto.
``(2) If a special message is transmitted by the President under
this section during any Congress and the last session of such Congress
adjourns sine die before the expiration of the period described in
paragraph (1)(B), the rescission shall not take effect. The message
shall be deemed to have been retransmitted on the first day of the
succeeding Congress and the review period referred to in paragraph
(1)(B) (with respect to such message) shall run beginning after such
first day.
``definitions
``Sec. 1102. For purposes of this title the term `rescission
disapproval bill' means a bill or joint resolution which only
disapproves a rescission of budget authority, in whole, rescinded in a
special message transmitted by the President under section 1101.
``Part B--Congressional Consideration of Legislative Line Item Veto
Rescissions
``presidential special message
``Sec. 1111. Whenever the President rescinds any budget authority
as provided in section 1101, the President shall transmit to both
Houses of Congress a special message specifying--
``(1) the amount of budget authority rescinded;
``(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
``(3) the reasons and justifications for the determination
to rescind budget authority pursuant to section 1101(a)(1);
``(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission; and
``(5) all facts, circumstances, and considerations relating
to or bearing upon the rescission and the decision to effect
the rescission, and to the maximum extent practicable, the
estimated effect of the rescission upon the objects, purposes,
and programs for which the budget authority is provided.
``transmission of messages; publication
``Sec. 1112. (a) Delivery to House and Senate.--Each special
message transmitted under sections 1101 and 1111 shall be transmitted
to the House of Representatives and the Senate on the same day, and
shall be delivered to the Clerk of the House of Representatives if the
House is not in session, and to the Secretary of the Senate if the
Senate is not in session. Each special message so transmitted shall be
referred to the appropriate committees of the House of Representatives
and the Senate. Each such message shall be printed as a document of
each House.
``(b) Printing in Federal Register.--Any special message
transmitted under sections 1101 and 1111 shall be printed in the first
issue of the Federal Register published after such transmittal.
``procedure in senate
``Sec. 1113. (a) Referral.--(1) Any rescission disapproval bill
introduced with respect to a special message shall be referred to the
appropriate committees of the House of Representatives or the Senate,
as the case may be.
``(2) Any rescission disapproval bill received in the Senate from
the House shall be considered in the Senate pursuant to the provisions
of this section.
``(b) Floor Consideration in the Senate.--
``(1) Debate in the Senate on any rescission disapproval
bill and debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours. The time shall be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
``(2) Debate in the Senate on any debatable motion or
appeal in connection with such a bill shall be limited to 1
hour, to be equally divided between, and controlled by, the
mover and the manager of the bill, except that in the event the
manager of the bill is in favor of any such motion or appeal,
the time in opposition thereto shall be controlled by the
minority leader or his designee. Such leaders, or either of
them, may, from the time under their control on the passage of
the bill, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
``(3) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days,
not to exceed 1, not counting any day on which the Senate is
not in session) is not in order.
``(c) Point of Order.--(1) It shall not be in order in the Senate
or the House of Representatives to consider any rescission disapproval
bill that relates to any matter other than the rescission of budget
authority transmitted by the President under section 1101.
``(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission disapproval
bill.
``(3) Paragraphs (1) and (2) may be waived or suspended in the
Senate only by a vote of three-fifths of the members duly chosen and
sworn.''. | Legislative Line Item Veto Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority.
Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. | {"src": "billsum_train", "title": "Legislative Line Item Veto Act of 1993"} | 1,839 | 89 | 0.677224 | 1.536724 | 1.311802 | 3.5 | 29.074074 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American History and Civics
Education Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) American history and civics.--The term ``American
history and civics'' means the key events, key persons, key
ideas, and key documents that shaped the institutions and
democratic heritage of the United States.
(2) Chairperson.--The term ``Chairperson'' means the
Chairperson of the National Endowment for the Humanities.
(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)).
(4) Key documents.--The term ``key documents'' means the
documents that established or explained the foundational
principles of democracy in the United States, including the
United States Constitution and the amendments to the
Constitution (particularly the Bill of Rights), the Declaration
of Independence, the Federalist Papers, and the Emancipation
Proclamation.
(5) Key events.--The term ``key events'' means the critical
turning points in the history of the United States (including
the American Revolution, the Civil War, the world wars of the
twentieth century, the civil rights movement, and the major
court decisions and legislation) that contributed to extending
the promise of democracy in American life.
(6) Key ideas.--The term ``key ideas'' means the ideas that
shaped the democratic institutions and heritage of the United
States, including the notion of equal justice under the law,
freedom, individualism, human rights, and a belief in progress.
(7) Key persons.--The term ``key persons'' means the men
and women who led the United States as founding fathers,
elected officials, scientists, inventors, pioneers, advocates
of equal rights, entrepreneurs, and artists.
(8) Nonprofit educational institution.--The term
``nonprofit educational institution''--
(A) means--
(i) an institution of higher education; or
(ii) a nonprofit educational research
center; and
(B) includes a consortium of entities described in
subparagraph (A).
(9) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
SEC. 3. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND
CIVICS.
(a) Establishment.--From amounts appropriated under subsection (j),
the Chairperson shall award grants, on a competitive basis, to
nonprofit educational institutions to establish Presidential Academies
for Teaching of American History and Civics (in this section referred
to as ``Academies'') that shall offer workshops for teachers of
American history and civics--
(1) to learn how better to teach the subjects of American
history and civics; and
(2) to strengthen such teachers' knowledge of such
subjects.
(b) Application.--
(1) In general.--A nonprofit educational institution that
desires to receive a grant under this section shall submit an
application to the Chairperson at such time, in such manner,
and containing such information as the Chairperson may require.
(2) Contents.--An application submitted under paragraph (1)
shall--
(A) include the criteria the nonprofit educational
institution intends to use to determine which teachers
will be selected to attend workshops offered by the
Academy;
(B) identify the individual the nonprofit
educational institution intends to appoint to be the
primary professor at the Academy; and
(C) include a description of the curriculum to be
used at workshops offered by the Academy.
(c) Number of Grants.--Except as provided in subsection (e)(2)(B),
the Chairperson shall award not more than 12 grants to different
nonprofit educational institutions under this section.
(d) Distribution.--In awarding grants under this section, the
Chairperson shall ensure that such grants are equitably distributed
among the geographical regions of the United States.
(e) Grant Terms.--
(1) In general.--Grants awarded under this section shall be
for a term of 2 years.
(2) Grants after first two years.--Upon completion of the
first 2-year grant term, the Chairperson shall--
(A) renew a grant awarded under this section to a
nonprofit educational institution for one more term of
2 years; or
(B) award a new grant to a nonprofit educational
institution having an application approved under this
section for a term of 2 years, notwithstanding the 12
grant award maximum under subsection (c).
(f) Use of Funds.--
(1) Workshops.--
(A) In general.--A nonprofit educational
institution that receives a grant under this section
shall establish an Academy that shall offer a workshop
during the summer, or during another appropriate time,
for kindergarten through grade 12 teachers of American
history and civics--
(i) to learn how better to teach the
subjects of American history and civics; and
(ii) to strengthen such teachers' knowledge
of such subjects.
(B) Duration of workshop.--A workshop offered
pursuant to this section shall be approximately 2 weeks
in duration.
(2) Academy staff.--
(A) Primary professor.--Each Academy shall be
headed by a primary professor identified in the
application submitted under subsection (b) who shall--
(i) be accomplished in the field of
American history and civics; and
(ii) design the curriculum for and lead the
workshop.
(B) Core teachers.--Each primary professor shall
appoint an appropriate number of core teachers. At the
direction of the primary professor, the core teachers
shall teach and train the workshop attendees.
(3) Selection of teachers.--
(A) In general.--
(i) Number of teachers.--Each year, each
Academy shall select approximately 300
kindergarten through grade 12 teachers of
American history and civics to attend the
workshop offered by the Academy.
(ii) Flexibility in number of teachers.--An
Academy may select more than or fewer than 300
teachers depending on the population in the
region where the Academy is located.
(B) Teachers from same region.--In selecting
teachers to attend a workshop, an Academy shall select
primarily teachers who teach in schools located in the
region where the Academy is located.
(C) Teachers from public and private schools.--An
Academy may select teachers from public schools and
private schools to attend the workshop offered by the
Academy.
(g) Costs.--
(1) In general.--Except as provided in paragraph (2), a
teacher who attends a workshop offered pursuant to this section
shall not incur costs associated with attending the workshop,
including costs for meals, lodging, and materials while
attending the workshop.
(2) Travel costs.--A teacher who attends a workshop offered
pursuant to this section shall use non-Federal funds to pay for
such teacher's costs of transit to and from the Academy.
(h) Evaluation.--Not later than 90 days after completion of all of
the workshops assisted in the third year grants are awarded under this
section, the Chairperson shall conduct an evaluation to--
(1) determine the overall success of the grant program
authorized under this section; and
(2) highlight the best grantees' practices in order to
become models for future grantees.
(i) Non-Federal Funds.--A nonprofit educational institution
receiving Federal assistance under this section may contribute non-
Federal funds toward the costs of operating the Academy.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2004 through 2007.
SEC. 4. CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND
CIVICS.
(a) Establishment.--From amounts appropriated under subsection (j),
the Chairperson shall award grants, on a competitive basis, to
nonprofit educational institutions to establish Congressional Academies
for Students of American History and Civics (in this section referred
to as ``Academies'') that shall offer workshops for outstanding
students of American history and civics to broaden and deepen such
students' understanding of American history and civics.
(b) Application.--
(1) In general.--A nonprofit educational institution that
desires to receive a grant under this section shall submit an
application to the Chairperson at such time, in such manner,
and containing such information as the Chairperson may require.
(2) Contents.--An application submitted under paragraph (1)
shall--
(A) include the criteria the nonprofit educational
institution intends to use to determine which students
will be selected to attend workshops offered by the
Academy;
(B) identify the individual the nonprofit
educational institution intends to appoint to be the
primary professor at the Academy; and
(C) include a description of the curriculum to be
used at workshops offered by the Academy.
(c) Number of Grants.--Except as provided in subsection (e)(2)(B),
the Chairperson shall award not more than 12 grants to different
nonprofit educational institutions under this section.
(d) Distribution.--In awarding grants under this section, the
Chairperson shall ensure that such grants are equitably distributed
among the geographical regions of the United States.
(e) Grant Terms.--
(1) In general.--Grants awarded under this section shall be
for a term of 2 years.
(2) Grants after first two years.--Upon completion of the
first 2-year grant term, the Chairperson shall--
(A) renew a grant awarded under this section to a
nonprofit educational institution for one more term of
2 years; or
(B) award a new grant to a nonprofit educational
institution having an application approved under this
section for a term of 2 years, notwithstanding the 12
grant award maximum under subsection (c).
(f) Use of Funds.--
(1) Workshops.--
(A) In general.--A nonprofit educational
institution that receives a grant under this section
shall establish an Academy that shall offer a workshop
during the summer, or during another appropriate time,
for outstanding students of American history and civics
to broaden and deepen such students' understanding of
American history and civics.
(B) Duration of workshop.--A workshop offered
pursuant to this section shall be approximately 4 weeks
in duration.
(2) Academy staff.--
(A) Primary professor.--Each Academy shall be
headed by a primary professor identified in the
application submitted under subsection (b) who shall--
(i) be accomplished in the field of
American history and civics; and
(ii) design the curriculum for and lead the
workshop.
(B) Core teachers.--Each primary professor shall
appoint an appropriate number of core teachers. At the
direction of the primary professor, the core teachers
shall teach the workshop attendees.
(3) Selection of students.--
(A) In general.--
(i) Number of students.--Each year, each
Academy shall select approximately 300 eligible
students to attend the workshop offered by the
Academy.
(ii) Flexibility in number of students.--An
Academy may select more than or fewer than 300
eligible students depending on the population
in the region where the Academy is located.
(B) Eligible students.--A student shall be eligible
to attend a workshop offered by an Academy if the
student--
(i) is recommended by the student's
secondary school principal (or other head of
such student's secondary school) to attend the
workshop; and
(ii) will be a junior or senior in a public
or private secondary school in the academic
year following attendance at the workshop.
(C) Students from same region.--In selecting
students to attend a workshop, an Academy shall select
primarily students who attend secondary schools located
in the region where the Academy is located.
(g) Costs.--
(1) In general.--Except as provided in paragraph (2), a
student who attends a workshop offered pursuant to this section
shall not incur costs associated with attending the workshop,
including costs for meals, lodging, and materials while
attending the workshop.
(2) Travel costs.--A student who attends a workshop offered
pursuant to this section shall use non-Federal funds to pay for
such student's costs of transit to and from the Academy.
(h) Evaluation.--Not later than 90 days after completion of all of
the workshops assisted in the third year grants are awarded under this
section, the Chairperson shall conduct an evaluation to--
(1) determine the overall success of the grant program
authorized under this section; and
(2) highlight the best grantees' practices in order to
become models for future grantees.
(i) Non-Federal Funds.--A nonprofit educational institution
receiving Federal assistance under this section may contribute non-
Federal funds toward the costs of operating the Academy.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $14,000,000 for each of fiscal
years 2004 through 2007.
SEC. 5. NATIONAL ALLIANCE OF TEACHERS OF AMERICAN HISTORY AND CIVICS.
(a) Establishment.--
(1) In general.--From amounts appropriated under subsection
(e), the Chairperson shall award a grant to an organization for
the creation of a national alliance of elementary school and
secondary school teachers of American history and civics.
(2) Purpose.--The purpose of the national alliance is--
(A) to facilitate the sharing of ideas among
teachers of American history and civics; and
(B) to encourage best practices in the teaching of
American history and civics.
(b) Application.--An organization that desires to receive a grant
under this section shall submit an application to the Chairperson at
such time, in such manner, and containing such information as the
Chairperson may require.
(c) Grant Term.--A grant awarded under this section shall be for a
term of 2 years and may be renewed after the initial term expires.
(d) Use of Funds.--An organization that receives a grant under this
section may use the grant funds for any of the following:
(1) Creation of a website on the Internet to facilitate
discussion of new ideas on improving American history and
civics education.
(2) Creation of in-State chapters of the national alliance,
to which individual teachers of American history and civics may
belong, that sponsors American history and civics activities
for such teachers in the State.
(3) Seminars, lectures, or other events focused on American
history and civics, which may be sponsored in cooperation with,
or through grants awarded to, libraries, States' humanities
councils, or other appropriate entities.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2004 through 2007. | American History and Civics Education Act of 2003 - Directs the Chairperson of the National Endowment for the Humanities (NEH) to award competitive grants to nonprofit educational institutions to establish: (1) Presidential Academies for Teaching of American History and Civics to offer workshops for teachers of American history and civics; and (2) Congressional Academies for Students of American History and Civics to offer workshops for outstanding students of American history and civics.Directs the NEA Chairperson to award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics. | {"src": "billsum_train", "title": "To establish academies for teachers and students of American history and civics and a national alliance of teachers of American history and civics, and for other purposes."} | 3,237 | 131 | 0.469596 | 1.212424 | 0.569609 | 5.571429 | 26.4375 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Protection for Victims of
Domestic Violence Act of 1996''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO
VICTIMS OF DOMESTIC VIOLENCE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following new title:
``TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH
RESPECT TO VICTIMS OF DOMESTIC VIOLENCE
``SEC. 2701. LIMITATIONS ON UNDERWRITING.
``An insurer may not deny or cancel health insurance, or vary the
terms and conditions of health insurance--
``(1) to an individual on the basis that the individual or
family member--
``(A) is, has been, or may be the subject of an act
of domestic violence;
``(B) has had prior injuries that resulted from an
act of domestic violence;
``(C) seeks, has sought, or should have sought
medical or psychological treatment for protection
against an act of domestic violence; or
``(D) seeks, has sought, or should have sought
shelter from an act of domestic violence; or
``(2) to or for a group or employer on the basis that the
group includes or the employer employs, or provides or
subsidizes insurance for, an individual described in paragraph
(1).
``SEC. 2702. LIMITATION ON DISCLOSURE OF INFORMATION.
``(a) Prohibition.--Except as provided in paragraph (2), regardless
of the manner in which information was received, an insurer may not
disclose or be compelled (by subpoena or any other means) to disclose
information concerning the status of an individual as a victim of
domestic violence (including the relationship of a medical condition to
an incident or pattern of domestic violence), or the status of an
individual as a family member, employer, associate, or person in a
relationship with an individual who is the victim of domestic violence,
unless the individual involved provides a written authorization.
``(b) Exception.--Notwithstanding paragraph (1), information
concerning the abuse status of an individual may be disclosed if such
disclosure--
``(1) is required under the specific order of a Federal or
State court; or
``(2) is required by the State Insurance Commissioner.
``SEC. 2703. ESTABLISHMENT OF STANDARDS.
``(a) Role of National Association of Insurance Commissioners.--
``(1) In general.--The Secretary shall request the National
Association of Insurance Commissioners to develop, in
consultation with nonprofit domestic violence victim advocacy
organizations, within 9 months after the date of the enactment
of this title, model standards that incorporate the limitations
on underwriting set forth in section 2701, and provide
procedures for enforcement for such provisions, including a
private right of action.
``(2) Review of standards.--If the Association develops
recommended regulations specifying the standards within the
period, the Secretary shall review the standards. The review
shall be completed within 90 days after the date the
regulations are developed. Unless the Secretary determines
within the period that such standards do not meet the
requirements, such standards shall serve as the standards under
this title, with such amendments as the Secretary determines to
be necessary.
``(b) Contingency.--If the Association does not develop the model
regulations within the 9 month period beginning on the date of the
enactment of this title, or the Secretary determines that the
regulations do not specify standards that meet the requirements
described in subsection (a), the Secretary shall specify, within 15
months after the date of the enactment of this title, standards to
carry out the requirements.
``(c) Application of Standards.--
``(1) In general.--Each State shall submit to the
Secretary, by the deadline specified in paragraph (2), a report
on actions the State is taking to implement and enforce the
standards established under this section with respect to
insurers and health insurance coverage offered or renewed not
later than such deadline.
``(2) Deadline for report.--Each State shall file the
report described in paragraph (1) not later than 1 year after
the date that standards are established under subsection (a)
or, in the event of the failure of the Association to develop
timely model regulations, under subsection (b).
``(d) Federal Role.--
``(1) Notice of deficiency.--If the Secretary determines
that a State has failed to submit a report by the deadline
specified by subsection (c), or finds that the State has not
implemented and provided adequate enforcement of the standards
established under subsection (a) or (b), the Secretary shall
notify the State and provide the State a period of 60 days in
which to submit the report.
``(2) Implementation of alternative enforcement
mechanism.--
``(A) In general.--If, after the 60-day period, the
Secretary finds that such a failure has not been
corrected, the Secretary shall within 30 days provide
for a mechanism for the implementation and enforcement
of such standards in the State as the Secretary
determines to be appropriate.
``(B) Civil penalty.--Under any implementation and
enforcement mechanism established by the Secretary
pursuant to this paragraph, the Secretary shall have
the authority to impose on an insurer a civil monetary
penalty in the amount of $10,000 for each day during
which such insurer violates the requirements described
in section 2701, or the standards developed under this
section. Liability for such penalty shall begin to
accrue on the 30th day after the Secretary has provided
such insurer with notice of its noncompliance, if the
insurer has failed to correct the deficiency by such
date.
``(C) Effective period.--Any such implementation
and enforcement mechanism established by the Secretary
shall take effect with respect to insurers, and health
insurance coverage offered or renewed, on or after 3
months after the date of the Secretary's finding under
paragraph (1), and until the date the Secretary finds
that such a failure has been corrected.
``(3) Federal civil right of action.--
``(A) In general.--Any individual aggrieved
as a result of conduct prohibited by section
2701 may bring a civil action in the
appropriate United States district court
against the insurer.
``(B) Relief.--Upon proof of such conduct
by a preponderance of the evidence, the insurer
shall be subject to a civil penalty that may
include temporary, preliminary, or permanent
injunctive relief and compensatory and punitive
damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's
attorneys. With respect to compensatory
damages, the aggrieved individual may elect, at
any time prior to the rendering of final
judgment, to recover in lieu of actual damages,
an award of statutory damages in the amount of
$5,000 for each violation.
``SEC. 2704. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT.
``(a) Application.--Subject to subsection (b), the prohibitions in
section 2701 and the standards developed under section 2702 shall apply
to group health plans providing health coverage in the same manner as
they apply to insurers providing health insurance coverage. The penalty
described in section 2702(d)(2)(B) may be imposed by the Secretary of
Labor on group health plans that are not in compliance with the
requirements of sections 2701 and 2702.
``(b) Substitution of Federal Officials.--For purposes of
subsection (a), any reference in section 2702 to--
``(1) a State or the Secretary of Health and Human Services
is deemed to be a reference to the Secretary of Labor; and
``(2) an insurer or health insurance coverage is deemed to
be a reference to a group health plan and health coverage,
respectively.
``(c) Enforcement.--For purposes of part 5 of subtitle B of title I
of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131
et seq.) the provisions of this title insofar as they relate to group
health plans shall be deemed to be provisions of title I of such Act
irrespective of exclusions under section 4(b) of such Act.
``(d) Regulatory Authority.--With respect to the regulatory
authority of the Secretary of Labor under this title pursuant to
subsection (c), section 505 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1135) shall apply.
``SEC. 2705. DEFINITIONS.
``For purposes of this title:
``(1) Act of domestic violence.--The term `act of domestic
violence' means the occurrence of one or more of the following
acts between family or household members, current or former
sexual or intimate partners, or persons sharing biological
parenthood--
``(A) attempting to cause or intentionally,
knowingly, or recklessly causing bodily injury, rape,
or sexual abuse as such term is defined in section 2242
of title 18, United States Code;
``(B) placing, by physical menace, another
individual in reasonable fear of imminent serious
bodily injury;
``(C) infliction of false imprisonment; or
``(D) physically or sexually abusing minor
children.
``(2) Association.--The term `Association' means the
National Association of Insurance Commissioners.
``(3) Insurer.--
``(A) In general.--The term `insurer' means a
health benefit plan or a health care provider that
conducts activities related to the protection of public
health.
``(B) Health benefit plan.--The term `health
benefit plan' means any public or private entity or
program that provides for payments for health care,
including--
``(i) a group health plan (as defined in
section 607 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167)) or a
multiple employer welfare arrangement (as
defined in section 3(40) of such Act) that
provides health benefits; and
``(ii) any other health insurance
arrangement, including any arrangement
consisting of a hospital or medical expense
incurred policy or certificate, hospital or
medical service plan contract, or health
maintenance organization subscriber contract.
``(C) Health care provider.--The term `health care
provider' means a provider of services (as defined in
section 1861(u) of the Social Security Act (42 U.S.C.
1395u)), a physician, a supplier, or any other person
furnishing health care, including a Federal or State
program that provides directly for the provision of
health care to beneficiaries.''. | Insurance Protection for Victims of Domestic Violence Act of 1996 - Amends the Public Health Service Act to create a new title prohibiting health insurers from: (1) discriminating against an individual or group because the individual or a family member is the subject of domestic violence; or (2) disclosing or being compelled (subject to exception) to disclose information concerning the status of an individual as a victim of domestic violence.
Mandates development of model standards. Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action.
Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974. | {"src": "billsum_train", "title": "Insurance Protection for Victims of Domestic Violence Act of 1996"} | 2,391 | 160 | 0.579633 | 1.62032 | 0.762405 | 3.161972 | 15.394366 | 0.880282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Star-Spangled Banner and War of 1812
Bicentennial Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) During the War of 1812, on September 13, 1814, Francis
Scott Key visited the British fleet in Chesapeake Bay to secure
the release of Dr. William Beanes, who had been captured after
the burning of Washington, DC.
(2) The release was completed, but Key was held by the
British overnight during the shelling of Fort McHenry, one of
the forts defending Baltimore.
(3) In the morning, Key peered through clearing smoke to
see an enormous American flag flying proudly after a 25-hour
British bombardment of Fort McHenry.
(4) He was so delighted to see the flag still flying over
the fort that he began a poem to commemorate the occasion, with
a note that it should be sung to the popular British melody
``To Anacreon in Heaven''.
(5) In 1916, President Woodrow Wilson ordered that it be
played at military and naval occasions.
(6) In 1931, the ``Star-Spangled Banner'' became our
National Anthem.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the bicentennial of the
writing of the Star-Spangled Banner and the War of 1812, each of which
shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the War of 1812 and particularly the
Battle for Fort McHenry that formed the basis for the ``Star-
Spangled Banner''.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2012''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Star-Spangled Banner and War of 1812 Bicentennial Commission
and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2012.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Maryland War of 1812
Bicentennial Commission for the purpose of supporting bicentennial
activities in collaboration with and aiding the Star-Spangled Banner
and War of 1812 Bicentennial Commission as it provides coordination,
advice, and assistance to Federal agencies, States, localities, and
other organizations for such bicentennial activities, educational
outreach activities (including supporting scholarly research and the
development of exhibits), and preservation and improvement activities
relating to the sites and structures relating to the War of 1812.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Maryland War of 1812 Bicentennial Commission as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Passed the House of Representatives May 15, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Star-Spangled Banner and War of 1812 Bicentennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner and the War of 1812.
Requires a coin design emblematic of the War of 1812, particularly the Battle for Fort McHenry that formed the basis for the Star-Spangled Banner.
Authorizes the Secretary to issue the coins only during the calendar year beginning on January 1, 2012.
Requires specified surcharges in sales of the coin, which shall be paid to the Maryland War of 1812 Bicentennial Commission for: (1) the purpose of supporting bicentennial activities in collaboration with, and aiding, the Star-Spangled Banner and War of 1812 Bicentennial Commission; and (2) preservation and improvement activities relating to the sites and structures relating to the War of 1812. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the writing of the \"Star Spangled Banner\" and the War of 1812, and for other purposes."} | 1,433 | 211 | 0.549742 | 1.593073 | 1.021135 | 7.005952 | 7.494048 | 0.970238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy-American Investment Incentive
Act''.
SEC. 2. INCREMENTAL INVESTMENT CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) the incremental investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) Incremental Investment Credit.--
``(1) In general.--For purposes of section 46, the
incremental investment credit for any taxable year is an amount
equal to 10 percent of the excess (if any) of--
``(A) the aggregate bases of qualified investment
credit properties placed in service during such taxable
year, over
``(B) 80 percent of the base amount.
``(2) Qualified investment credit property.--For purposes
of this subsection--
``(A) In general.--The term `qualified investment
credit property' means any eligible property--
``(i) which is tangible property to which
section 168 applies,
``(ii) which is section 1245 property (as
defined in section 1245(a)(3)), and
``(iii)(I) the construction,
reconstruction, or erection of which is
completed by the taxpayer, or
``(II) which is acquired by the taxpayer if
the original use of such property commences
with the taxpayer.
``(B) Eligible property.--
``(i) In general.--Except as otherwise
provided in this subparagraph, the term
`eligible property' means tangible property
(other than a building, its structural
components, or an air conditioning or heating
unit), but only if such property--
``(I) is used as an integral part
of manufacturing, production (including
agriculture), or extraction or of
furnishing transportation,
communications, electrical energy, gas,
water, waste disposal, or pollution
control services,
``(II) constitutes a research
facility or research equipment used in
connection with any of the activities
referred to in subclause (I), or
``(III) constitutes a facility used
in connection with any of the
activities referred to in subclause (I)
for the bulk storage of fungible
commodities (including commodities in a
liquid or gaseous state).
``(ii) Imported property not eligible.--
Property shall not be treated as eligible
property if--
``(I) such property was completed
outside the United States, or
``(II) less than 75 percent of the
basis of such property is attributable
to value added within the United
States.
For purposes of this clause, the term `United
States' includes the Commonwealth of Puerto
Rico and the possessions of the United States.
``(iii) Certain property not eligible.--Any
passenger automobile and any office furnishings
shall not be treated as eligible property.
``(3) Base amount.--For purposes of paragraph (1)(B)--
``(A) In general.--The term `base amount' means the
product of--
``(i) the fixed-base percentage, and
``(ii) the average annual gross receipts of
the taxpayer for the 4 taxable years preceding
the taxable year for which the credit is being
determined (hereafter in this subsection
referred to as the `credit year').
``(B) Minimum base amount.--In no event shall the
base amount be less than 50 percent of the amount
determined under paragraph (1)(A).
``(C) Fixed-base percentage.--
``(i) In general.--The fixed-base
percentage is the percentage which the
aggregate amounts described in paragraph (1)(A)
for taxable years beginning after December 31,
1987, and before January 1, 1993, is of the
aggregate gross receipts of the taxpayer for
such taxable years.
``(ii) Rounding.--The percentages
determined under clause (i) shall be rounded to
the nearest \1/100\ of 1 percent.
``(D) Other rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 41(c) shall apply for
purposes of this paragraph.
``(4) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(5) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(c) Incremental Investment Credit Allowable Against Entire Regular
Tax and Alternative Minimum Tax.--
(1) Subsection (c) of section 38 of such Code (relating to
limitation based on amount of tax) is amended by adding at the
end thereof the following new paragraph:
``(3) Special rules for incremental investment credit.--
``(A) In general.--In the case of a C corporation,
this section and section 39 shall be applied
separately--
``(i) first with respect to so much of the
credit allowed by subsection (a) as is not
attributable to the incremental investment
credit, and
``(ii) then with respect to the incremental
investment credit.
``(B) Rules for application of incremental
investment credit.--
``(i) In general.--In the case of the
incremental investment credit, in lieu of
applying the preceding paragraphs of this
subsection, the amount of such credit allowed
under subsection (a) for any taxable year shall
not exceed the net chapter 1 tax for such year.
``(ii) Net chapter 1 tax.--For purposes of
clause (i), the term `net chapter 1 tax' means
the sum of the regular tax liability for the
taxable year and the tax imposed by section 55
for the taxable year, reduced by the sum of the
credits allowable under this part for the
taxable year (other than under section 34 and
other than the incremental investment credit).
``(C) Incremental investment credit.--For purposes
of this paragraph, the term `incremental investment
credit' means the credit allowable under subsection (a)
by reason of section 48(c).''
(2) Paragraph (2) of section 55(c) of such Code is amended
to read as follows:
``(2) Cross references.--
``(A) For provisions providing that
certain credits are not allowable against the tax imposed by this
section, see sections 26(a), 28(d)(2), 29(b)(5), and 38(c).
``(B) For provision allowing
incremental investment credit against the tax imposed by this section,
see section 38(c)(3).''
(d) Technical Amendments.--
(1) Clause (ii) of section 49(a)(1)(C) of such Code is
amended by inserting ``or qualified investment credit
property'' after ``energy property''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(5)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any qualified investment credit property which
is 3-year property (within the meaning of section
168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Effective Date.--The amendments made by this section shall
apply to--
(1) property acquired by the taxpayer after December 3,
1992, and
(2) property the construction, reconstruction, or erection
of which is completed by the taxpayer after December 3, 1992,
but only to the extent of the basis thereof attributable to
construction, reconstruction, or erection after such date. | Buy-American Investment Incentive Act - Amends the Internal Revenue Code to allow an incremental investment credit in an amount equal to ten percent of the excess of the aggregate bases of qualified investment credit properties placed in service over 80 percent of the base amount.
Excludes: (1) property if completed outside the United States or if less than 75 percent of the basis of the property is attributable to value added within the United States; and (2) passenger automobiles and office furnishings.
Establishes formulas for determining the base amount.
Makes the incremental investment credit inapplicable to any property to which the energy or rehabilitation credit would apply unless the taxpayer waives the application of such credits.
Establishes special rules for the incremental investment credit in relation to limitations based on the amount of tax. Applies such limitations and provisions concerning carryback and carryforward of unused credits separately, in the case of a C corporation: (1) first with respect to the credit allowed as is not attributable to the incremental investment credit; and (2) then with respect to such credit. Limits the credit, in lieu of current limitations, to the net chapter 1 tax. | {"src": "billsum_train", "title": "Buy-American Investment Incentive Act"} | 2,005 | 244 | 0.596321 | 1.699585 | 0.755471 | 3.155556 | 8.284444 | 0.871111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ruth Moore Act of 2015''.
SEC. 2. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY
MILITARY SEXUAL TRAUMA.
(a) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1164. Reports on claims for disabilities incurred or aggravated
by military sexual trauma
``(a) Reports.--Not later than December 1, 2015, and each year
thereafter through 2019, the Secretary shall submit to Congress a
report on covered claims submitted during the previous fiscal year.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, listed by each sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(5) The number of covered claims that, as of the end of
the fiscal year covered by the report, are pending and,
separately, the number of such claims on appeal.
``(6) For the fiscal year covered by the report, the
average number of days that covered claims take to complete
beginning on the date on which the claim is submitted.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma.
``(3) The term `military sexual trauma' means, with respect
to a veteran, psychological trauma, which in the judgment of a
mental health professional, resulted from a physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment which occurred during active military, naval, or air
service.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Reports on claims for disabilities incurred or aggravated by
military sexual trauma.''.
(3) Initial report.--The Secretary of Veterans Affairs
shall submit to Congress an initial report described in section
1164 of title 38, United States Code, as added by paragraph
(1), by not later than 90 days after the date of the enactment
of this Act. Such initial report shall be in addition to the
annual reports required under such section beginning in
December 2015.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Veterans Affairs should update and improve the regulations
of the Department of Veterans Affairs with respect to military sexual
trauma by--
(1) ensuring that military sexual trauma is specified as an
in-service stressor in determining the service-connection of
post-traumatic stress disorder by including military sexual
trauma as a stressor described in section 3.304(f)(3) of title
38, Code of Federal Regulations; and
(2) recognizing the full range of physical and mental
disabilities (including depression, anxiety, and other
disabilities as indicated in the Diagnostic and Statistical
Manual of Mental Disorders published by the American
Psychiatric Association) that can result from military sexual
trauma.
(c) Provision of Information.--During the period beginning on the
date that is 15 months after the date of the enactment of this Act and
ending on the date on which the Secretary updates and improves
regulations as described in subsection (b), the Secretary shall--
(1) provide to each veteran who has submitted a covered
claim or been treated for military sexual trauma at a medical
facility of the Department with a copy of the report under
subsection (a)(3) or section 1164 of title 38, United States
Code, as added by subsection (a)(1), that has most recently
been submitted to Congress;
(2) provide on a monthly basis to each veteran who has
submitted any claim for disability compensation or been treated
at a medical facility of the Department information that
includes--
(A) the date that the Secretary plans to complete
such updates and improvements to such regulations;
(B) the number of covered claims that have been
granted or denied during the month covered by such
information;
(C) a comparison to such rate of grants and denials
with the rate for other claims regarding post-traumatic
stress disorder;
(D) the three most common reasons for such denials;
(E) the average time for completion of covered
claims;
(F) the average time for processing covered claims
at each regional office; and
(G) any information the Secretary determines
relevant with respect to submitting a covered claim;
(3) in addition to providing to veterans the information
described in paragraph (2), the Secretary shall make available
on a monthly basis such information on a conspicuous location
of the Internet website of the Department; and
(4) submit to Congress on a monthly basis a report that
includes--
(A) a list of all adjudicated covered claims,
including ancillary claims, during the month covered by
the report;
(B) the outcome with respect to each medical
condition included in the claim; and
(C) the reason given for any denial of such a
claim.
(d) Military Sexual Trauma Defined.--In this section:
(1) The term ``covered claim'' has the meaning given that
term in section 1164(c)(1) of title 38, United States Code, as
added by subsection (a)(1).
(2) The term ``military sexual trauma'' has the meaning
given that term in section 1164(c)(3) of title 38, United
States Code, as added by subsection (a)(1).
SEC. 3. LIMITATION ON AWARDS AND BONUSES PAID TO SENIOR EXECUTIVE
EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
Section 705 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended by striking
the period at the end and inserting the following: ``, of which, during
fiscal years 2016 through 2018, not more than an aggregate amount of
$2,000,000 in each such fiscal year may be paid to employees of the
Department of Veterans Affairs who are members of the Senior Executive
Service.''.
Passed the House of Representatives July 27, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on July 16, 2015. Ruth Moore Act of 2015 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to report to Congress, by December 1, 2015 and each year thereafter through 2019, on claims submitted during the previous fiscal year for disability compensation based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma (covered claims). Each report shall include: the number of covered claims submitted or considered; the number and percentage of such claims submitted by each sex, and the number of claims approved or denied; the number and percentage, listed by each sex, of approved covered claims assigned to each rating percentage; the three most common reasons for denial of covered claims, and the number of denials based on the veteran's failure to report for a medical examination; the number of covered claims pending and the number on appeal; the average number of days that covered claims take to complete; and a description of related training provided to Veterans Benefits Administration employees. The VA shall submit to Congress an initial report within 90 days after enactment of this Act, and annual reports beginning in December 2015. It is the sense of Congress that the VA should update regulations regarding military sexual trauma by: ensuring that military sexual trauma is specified as an in-service stressor in determining the service-connection of post-traumatic stress disorder, and recognizing the full range of physical and mental disabilities (including depression, anxiety, and other disabilities as indicated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association) that can result from military sexual trauma. For the period starting fifteen months after enactment of this Act and lasting until VA publishes updated regulations, the VA shall provide: a copy of the congressional report to each veteran who has submitted a covered claim or been treated for military sexual trauma at a VA medical facility; and monthly to each such veteran information that includes the date that the VA plans to complete such updated regulations, the number of granted or denied covered claims, a comparison to the rate of grants and denials with the rate for other claims regarding post-traumatic stress disorder, the three most common reasons for claim denials, and the average time for processing covered claims at each regional office. The VA shall report to Congress monthly regarding: (1) all adjudicated covered claims and their outcomes, and (2) the reason for denial of any covered claim. (Sec. 3) The Veterans Access, Choice, and Accountability Act of 2014 is amended to limit to $2 million during each of FY2016-FY2018 the aggregate amount of awards and bonuses paid to VA employees who are members of the Senior Executive Service. | {"src": "billsum_train", "title": "Ruth Moore Act of 2015"} | 1,708 | 584 | 0.766044 | 2.393746 | 0.765438 | 4.268468 | 2.956757 | 0.902703 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Forest
Insect and Disease Emergency Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Designation of insect and disease emergency areas.
Sec. 5. Response to emergency designation.
Sec. 6. Good neighbor relationship with the State of Colorado.
Sec. 7. Stewardship contracting.
Sec. 8. Protection of private property rights.
SEC. 2. PURPOSES.
(a) Purposes.--The purposes of this Act are--
(1) to ensure that adequate emphasis is placed on the
mitigation of hazards posed by large-scale infestations of bark
beetles and other insects through the establishment of insect
and disease emergency areas;
(2) to ensure that increased resources are available within
each designated insect and disease emergency area--
(A) to mitigate hazards associated with falling
trees and increased fire hazards; and
(B) to restore National Forest System land within
the designated insect and disease emergency area; and
(3) to make permanent good-neighbor authority for the State
of Colorado and stewardship contracting authorities available
to the Secretary of Agriculture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affected state.--The term ``affected State'' means the
States of Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and
Wyoming.
(2) Insect and disease emergency area.--The term ``insect
and disease emergency area'' means an area of National Forest
System land (other than land excluded by section 4(d)) that--
(A) is identified as an insect and disease
emergency area on the map entitled ``Insect Emergency
Areas'' and dated [___]; or
(B) is designated as an insect and disease
emergency area by the Secretary in the manner provided
in section 4(b).
(3) Insect and disease infestation emergency.--The term
``insect and disease infestation emergency'' means an insect or
disease infestation that the Secretary determines has resulted
in--
(A) a current or future increased risk of
catastrophic wildland fire; or
(B) an increased threat posed by hazardous trees to
utility corridors, communication sites, or other
infrastructure.
(4) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. DESIGNATION OF INSECT AND DISEASE EMERGENCY AREAS.
(a) Designation by Map.--
(1) Designation.--There is designated as an insect and
disease emergency area each area of National Forest System land
identified as such an area on the map entitled ``Insect
Emergency Areas'' and dated ___.
(2) Map; legal descriptions.--As soon as practicable after
the date of enactment of this Act, the Secretary shall file the
map referred to in paragraph (1) and a legal description for
each insect and disease emergency area designated by such
paragraph with--
(A) the Committee on Energy and Natural Resources
and the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(B) the Committee on Natural Resources and the
Committee on Agriculture of the House of
Representatives.
(3) Force of law.--The map and legal descriptions filed
under paragraph (2) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and the legal descriptions.
(4) Public availability.--The map and legal descriptions
filed under paragraph (2) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(b) Designation by Secretary.--
(1) Designation.--The Secretary may designate an area of
National Forest System land as an additional insect and disease
emergency area if the National Forest System land--
(A) is located in an affected State;
(B) is subject to an insect and disease infestation
emergency, as determined by the Secretary.
(2) Initiation.--The designation of an insect and disease
emergency area under this subsection may be made by the
Secretary--
(A) on the initiative of the Secretary; or
(B) in response to a request by the Governor of an
affected State.
(3) Deadline.--If the Governor of an affected State
requests the Secretary to designate National Forest System land
in the State as an additional insect and disease emergency
area, the Secretary shall accept or deny the request before the
end of the 90-day period beginning on the date on which the
Secretary receives the request. If the Secretary does not
accept or deny the request before the end of such period, the
request shall be deemed to be denied. If the request is denied,
the Secretary shall submit to the Governor who submitted the
request and the congressional committees specified in
subsection (a)(2) an explanation of the reasons for the denial.
(4) Limitation on delegation.--The Secretary may delegate
the authority to make a designation under this subsection only
to the Regional Forester responsible for the National Forest
System land that would be covered by the designation.
(5) Procedure.--If the Secretary designates an additional
insect and disease emergency area under this subsection, the
Secretary shall--
(A) publish a notice of the designation of the
insect and disease emergency area (including a map of
the insect and disease emergency area) in the Federal
Register; and
(B) notify the Governor of the affected State in
which the land is located and the congressional
committees specified in subsection (a)(2).
(c) Relation to Other Laws.--
(1) NEPA.--The designation of an insect and disease
emergency area under this section does not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.). Subsequent major Federal actions
taken as a result of the designation are subject to such Act.
(2) Forest service decisionmaking.--The designation of an
insect and disease emergency area under this section shall not
be subject to--
(A) section 322 of the Department of the Interior
and Related Agencies Appropriation Act, 1993 (Public
Law 102-381; 16 U.S.C. 1612 note); or
(B) any related law or regulation.
(d) Certain Lands Excluded.--An insect and disease emergency area
may not include--
(1) land designated as wilderness;
(2) land recommended for wilderness designation in a forest
land and resource management plan; and
(3) land on which the removal of vegetation is prohibited
or restricted by Act of Congress or Presidential proclamation
(including the applicable implementation plan).
(e) Duration of Designation.--
(1) Designation by map.--An insect and disease emergency
area designated on the map referred to in subsection (a)(1)
shall continue as an insect and disease emergency area until--
(A) the end of the 10-year period beginning on the
date of the enactment of this Act; or
(B) such earlier date as may be designated by the
Secretary if the Secretary determines that the area of
National Forest System land is no longer subject to an
insect and disease infestation emergency.
(2) Designation by secretary.--An insect and disease
emergency area designated by the Secretary under subsection (b)
shall continue as an insect and disease emergency area until--
(A) the end of the 10-year period beginning on the
date of the designation; or
(B) such earlier date as may be designated by the
Secretary if the Secretary determines that the area of
National Forest System land is no longer subject to an
insect and disease infestation emergency.
(3) Redesignation.--The expiration of the 10-year period
specified in paragraph (1)(A) or (2)(A) does not prohibit the
Secretary from redesignating an area of National Forest System
land as an insect and disease emergency area under subsection
(b) if the Secretary determines that the area of National
Forest System land continues to be subject to an insect and
disease infestation emergency.
SEC. 5. RESPONSE TO EMERGENCY DESIGNATION.
(a) Priority Treatments.--In carrying out the management of an
insect and disease emergency area, the Secretary shall give priority
consideration--
(1) to the removal of hazardous fuels and hazardous trees
posing a risk to--
(A) human communities;
(B) utility corridors;
(C) communication sites;
(D) roads;
(E) recreation sites;
(F) water structures; and
(G) other infrastructure;
(2) to the restoration of the health of land surrounding
any of the areas or sites specified in paragraph (1); and
(3) to the provision of assistance to State and local
governments, Indian tribes, and private landowners for the
removal of hazardous fuels and hazardous trees on, and the
restoration of the health of, each parcel of land located in
the insect and disease emergency area--
(A) that is under the jurisdiction of the State or
local government or Indian tribe; or
(B) the title of which is held by a private
landowner.
(b) Biomass Use.--In giving priority to initiatives described in
subsection (a), the Secretary shall give priority consideration to the
making of payments under section 9011(d) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8111(d)), as amended by section
9001(a) of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2064), to an individual or entity described in
paragraph (1)(B) of such section that collects or harvests renewable
biomass from a parcel of National Forest System land located in an
insect and disease emergency area.
(c) Emergency Forest Restoration.--In implementing the emergency
forest restoration program under section 407 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2206), the Secretary may make payments to an
owner of a parcel of nonindustrial private forest land that is located
in an insect and disease emergency area to carry out emergency measures
in response to an insect and disease infestation emergency under this
Act.
(d) Treatment as Renewable Biomass.--Any biomass removed from a
parcel of land located in an insect and disease emergency area shall be
considered to be renewable biomass for purposes of the renewable fuel
standard under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
(e) Healthy Forest Restoration.--
(1) Authority of secretary.--The Secretary may apply each
requirement described in sections 104 and 105 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6514, 6515) to
projects that are carried out to remove hazardous fuels and
hazardous trees on, and to restore the health of, National
Forest System land that is located in an insect and disease
emergency area.
(2) Judicial review.--Section 106 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6516) shall apply to each
project described in paragraph (1).
SEC. 6. GOOD NEIGHBOR RELATIONSHIP WITH THE STATE OF COLORADO.
(a) State Forest Services.--
(1) Authority of secretary.--The Secretary may offer to
enter into any contract (including a sole source contract) or
other agreement (including an agreement for the mutual benefit
of the Secretary and each other party to the contract or
agreement), as appropriate, with the State of Colorado (in this
section referred to as the ``State'') to perform watershed
restoration and protection services on National Forest System
land located in the State if the State is carrying out similar
and complementary watershed restoration and protection services
on a parcel of State or private land that is located adjacent
to the National Forest System land.
(2) Authorized services.--Watershed restoration and
protection services described in paragraph (1) include--
(A) the treatment of insect-infested trees;
(B) the reduction of hazardous fuels; and
(C) any other activity that is carried out to
restore or improve watersheds or fish and wildlife
habitat across ownership boundaries.
(b) Administrative Provisions.--
(1) National forest management act of 1976.--Subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a) shall not apply to services performed
under a contract or other agreement under subsection (a)(1).
(2) Assumption of liability.--In accordance with each
applicable law (including regulations), in preparing and
carrying out a contract entered into under subsection (a)(1),
the State that is a party to the contract shall be liable for
each action and omission of the employees of the State.
(3) Subcontracts.--A State, in accordance with the
applicable contract procedures of the State, may enter into
subcontracts to provide restoration services authorized under a
contract or other agreement entered into under subsection
(a)(1).
(4) Dispute resolution.--Any dispute under a contract or
other agreement under subsection (a)(1) shall be resolved in
accordance with, as applicable--
(A) the dispute clause of the contract or other
agreement;
(B) the Contract Disputes Act of 1978 (41 U.S.C.
601 et seq.); or
(C) section 1491 of title 28, United States Code.
(c) Retention of Responsibilities Under National Environmental
Policy Act of 1969.--With respect to any watershed restoration and
protection service on National Forest System land that is proposed to
be carried out by the State under subsection (a), any decision required
to be made under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) may not be delegated to any officer or employee of
the State.
(d) Applicability.--
(1) In general.--Subject to paragraph (2), the authority
provided by this section applies only to National Forest System
land located in Colorado.
(2) Secretary of the interior.--With respect to public land
located in Colorado that is administered by the Secretary of
the Interior (acting through the Bureau of Land Management),
the Secretary of the Interior may carry out activities under
this section on the public land.
SEC. 7. STEWARDSHIP CONTRACTING.
(a) Permanent Authority.--Section 347(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; as contained in section 101(e) of division A of Public Law 105-
277) is amended by striking ``Until September 30, 2013, the'' and
inserting ``The''.
(b) Treatment of Cancellation Costs.--Section 347 of the Department
of the Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; as contained in section 101(e) of division A of
Public Law 105-277) is amended by adding at the end the following new
subsection:
``(h) Treatment of Cancellation Costs.--
``(1) Limitation on obligation.--Notwithstanding any other
provision of law, including section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c), the Forest Service may not obligate funds to cover the
cost of canceling a Forest Service multiyear stewardship
contract under subsection (a) until the date on which the
multiyear stewardship contract is cancelled.
``(2) Costs of cancellation or termination.--The costs of
any cancellation or termination of a multiyear stewardship
contract described in paragraph (1) may be paid from any
appropriations available to the Forest Service. In the event
such appropriations are exhausted--
``(A) the exhaustion of such appropriations shall
not be considered to be a violation of section 1341 of
title 31, United States Code; and
``(B) the Secretary of Agriculture shall seek a
supplemental appropriation.''.
SEC. 8. PROTECTION OF PRIVATE PROPERTY RIGHTS.
Nothing in this Act diminishes the rights of any owner of private
property. | National Forest Insect and Disease Emergency Act of 2009 - Designates certain areas of National Forest System land in the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming as insect and disease emergency areas. Allows the designation of an area of System land as an additional insect and disease emergency area if the land: (1) is located in an affected state; and (2) is subject to an insect and disease infestation emergency. Excludes certain lands from inclusion in an insect and disease emergency area.
Sets forth requirements for the duration of insect and disease emergency areas designated under this Act.
Authorizes the Secretary of Agriculture (the Secretary), in implementing the emergency forest restoration program, to make payments to owners of nonindustrial private forest land to carry out emergency measures in response to an insect and disease infestation emergency under this Act.
Authorizes the: (1) Secretary to offer to enter into any contracts or other agreements with the state of Colorado to perform watershed restoration and protection services on System land in the state when similar and complementary restoration and protection services are being carried out on adjacent state or private land; and (2) Secretary of the Interior to carry out such activities on public land located in Colorado.
Extends permanently the authority under which the Forest Service may enter into such contracts with private persons and entities to perform services to achieve land management goals for the national forests that meet local and rural communities' needs. Bars the Forest Service from obligating funds to cover the costs of canceling Forest Service multiyear stewardship end result contracts until the date on which they are canceled. | {"src": "billsum_train", "title": "To address public safety risks in western States by facilitating insect and disease infestation treatment of National Forest System land and certain adjacent land, to make permanent the good-neighbor authority for Colorado and stewardship contracting authorities available to the Forest Service, and for other purposes."} | 3,589 | 339 | 0.691923 | 2.142745 | 0.806857 | 4.374613 | 10.23839 | 0.907121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Screening Mammography Act of 2001''.
SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH
PLANS.
(a) Public Health Service Act Amendments.--
(1) Subpart 2 of part A of title XXVII of the Public Health
Service Act is amended by adding at the end the following new
section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) Requirements for Coverage of Annual Screening Mammography.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for diagnostic mammography for any class of
participants or beneficiaries shall provide coverage for annual
screening mammography for such class under terms and conditions
that are not less favorable than the terms and conditions for
coverage of diagnostic mammography.
``(2) Diagnostic and annual screening mammography
defined.--For purposes of this section--
``(A) The term `diagnostic mammography' means a
radiologic procedure that is medically necessary for
the purpose of diagnosing breast cancer and includes a
physician's interpretation of the results of the
procedure.
``(B) The term `annual screening mammography' means
a radiologic procedure provided to an individual, not
more frequently than on an annual basis, for the
purpose of early detection of breast cancer and
includes a physician's interpretation of the results of
the procedure.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage for annual screening mammography on the
basis that the coverage is not medically necessary or on the
basis that the screening mammography is not pursuant to a
referral, consent, or recommendation by any health care
provider;
``(2) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(3) provide monetary payments or rebates to participants
or beneficiaries to encourage them to accept less than the
minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a participant or beneficiary to undergo annual screening
mammography.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for diagnostic mammography.
``(3) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health plan coverage from imposing deductibles,
coinsurance, or other cost-sharing in relation to benefits for
annual screening mammography under the plan (or under health
insurance coverage offered in connection with a group health
plan), except that such coinsurance or other cost-sharing for
any portion may not be greater than such coinsurance or cost-
sharing that is otherwise applicable with respect to benefits
for diagnostic mammography.
``(4) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from requiring that a
participant or beneficiary, before undergoing an annual
screening mammography more frequently than on an annual basis,
consult with an appropriate health care practitioner or obtain
a written authorization from such a practitioner for submission
to the plan or issuer, but nothing in this section shall be
construed as requiring prior authorization before undergoing an
annual screening mammography.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed as preventing a group health plan or a health
insurance issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of participants or beneficiaries if there is a State law
(as defined in section 2723(d)(1)) for a State that regulates
such coverage, that requires coverage to be provided for annual
screening mammography for such class, and that provides at
least the protections described in subsection (b).
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(b) ERISA Amendments.--
(1) Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) Requirements for Coverage of Annual Screening Mammography.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for diagnostic mammography for any class of
participants or beneficiaries shall provide coverage for annual
screening mammography for such class under terms and conditions
that are not less favorable than the terms and conditions for
coverage of diagnostic mammography.
``(2) Diagnostic and annual screening mammography
defined.--For purposes of this section--
``(A) The term `diagnostic mammography' means a
radiologic procedure that is medically necessary for
the purpose of diagnosing breast cancer and includes a
physician's interpretation of the results of the
procedure.
``(B) The term `annual screening mammography' means
a radiologic procedure provided to an individual, not
more frequently than on an annual basis, for the
purpose of early detection of breast cancer and
includes a physician's interpretation of the results of
the procedure.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage described in subsection (a)(1) on the
basis that the coverage is not medically necessary or on the
basis that the annual screening mammography is not pursuant to
a referral, consent, or recommendation by any health care
provider;
``(2) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(3) provide monetary payments or rebates to participants
or beneficiaries to encourage them to accept less than the
minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a participant or beneficiary to undergo annual screening
mammography.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for diagnostic mammography.
``(3) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for annual screening mammography under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other cost-
sharing for any portion may not be greater than such
coinsurance or cost-sharing that is otherwise applicable with
respect to benefits for diagnostic mammography.
``(4) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from requiring that a
participant or beneficiary, before undergoing an annual
screening mammography more frequently than on an annual basis,
consult with an appropriate health care practitioner or obtain
a written authorization from such a practitioner for submission
to the plan or issuer, but nothing in this section shall be
construed as requiring prior authorization before undergoing an
annual screening mammography.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed as preventing a group health plan or a health
insurance issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of participants or beneficiaries if there is a State law
(as defined in section 731(d)(1)) for a State that regulates
such coverage, that requires coverage to be provided for annual
screening mammography for such class, and that provides at
least the protections described in subsection (b).
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(4) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standards relating to benefits for screening
mammography.''.
(c) Effective Dates.--(1) Subject to paragraph (2), the amendments
made by this section shall apply with respect to group health plans
(and health insurance coverage offered in connection with group health
plans) for plan years beginning on or after January 1, 2002.
(2) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by this section shall not apply to plan years
beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(B) January 1, 2002.
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.
SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL
HEALTH COVERAGE.
(a) In General.--Part B of title XXVII of the Public Health Service
Act is amended by inserting after section 2752 the following new
section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) In General.--The provisions of section 2707 (other than
subsections (d) and (f)) shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the
same manner as it applies to health insurance coverage offered by a
health insurance issuer in connection with a group health plan in the
small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of individuals if there is a State law (as defined in
section 2723(d)(1)) for a State that regulates such coverage,
that requires coverage in the individual health insurance
market to be provided for annual screening mammography for such
class and that provides at least the protections described in
section 2707(b) (as applied under subsection (a)).
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(b) Conforming Amendment.--Section 2762(b)(2) of such Act (42
U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and
inserting ``sections 2751 and 2753''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
or renewed in the individual market on or after such January 1, 2002.
SEC. 4. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER MEDICAID.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by redesignating paragraph (27) as paragraph (28); and
(3) by inserting after paragraph (26) the following new
paragraph:
``(27) annual screening mammography (as defined in
subsection (x)) that is conducted by a facility that has a
certificate (or provisional certificate) issued under section
354 of the Public Health Service Act; and''.
(b) Annual Screening Mammography Defined.--Section 1905 of such Act
(42 U.S.C. 1396d) is amended by adding at the end the following new
subsection:
``(x) The term `annual screening mammography' means a radiologic
procedure provided to a woman, not more frequently than on an annual
basis, for the purpose of early detection of breast cancer and includes
a physician's interpretation of the results of the procedure.''.
(c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act
(42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)''
and inserting ``(17), (21), and (27)''.
(d) Conforming Amendments.--Section 1902(a)(10)(C)(iv) of such Act
(42 U.S.C. 1396a(a)(10)(C)(iv)) is amended--
(1) by striking ``and (17)'' and inserting ``, (17), and
(27)'', and
(2) by striking ``through (24)'' and inserting ``through
(28)''; and
(e) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to screening mammography
performed on or after January 1, 2002, without regard to whether or not
final regulations to carry out such amendments have been promulgated by
such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement 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. | Screening Mammography Act of 2001 - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to require that a group health plan (and a health insurance issuer offering group coverage) that provides coverage for diagnostic mammography for any class of participants or beneficiaries also cover annual screening mammography for that class under terms that are not less favorable. Prohibits: (1) denying screening coverage on the basis that it is not medically necessary or not pursuant to a referral or recommendation; (2) denying eligibility, enrollment, or renewal solely to avoid this requirement; (3) providing monetary incentives to participants or beneficiaries to encourage them to accept less; or (4) penalizing or providing incentives to providers. Allows State laws providing at least these protections.Amends PHSA to apply such requirements and prohibitions to health coverage in the individual market.Amends the Social Security Act to revise title XIX (Medicaid) to mandate coverage of annual screening mammographies. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for annual screening mammography for any class of covered individuals if the coverage or plans include coverage for diagnostic mammography for such class and to amend title XIX of the Social Security Act to provide for coverage of annual screening mammography under the Medicaid Program."} | 4,040 | 226 | 0.67374 | 2.006344 | 0.999258 | 2.925532 | 18.930851 | 0.882979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Consumer Information Act
of 2018''.
SEC. 2. STANDARDS FOR CYBERSECURITY SAFEGUARDS FOR CERTAIN CONSUMER
REPORTING AGENCIES AND SERVICE PROVIDERS.
(a) Review of Standards; Potential Revision.--
(1) Review.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall complete a review
of the standards contained in the regulations issued by the
Commission under section 501 of the Gramm-Leach-Bliley Act (15
U.S.C. 6801) to determine whether such standards require
covered consumer reporting agencies and covered service
providers to maintain sufficient safeguards to protect customer
records and information against cyber attacks and related
threats.
(2) Revision.--If the Commission determines in the review
completed under paragraph (1) that the standards contained in
the regulations issued by the Commission under section 501 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6801) do not require
covered consumer reporting agencies and covered service
providers to maintain sufficient safeguards to protect customer
records and information against cyber attacks and related
threats, not later than 180 days after the date of the
completion of the review, the Commission shall, pursuant to
section 553 of title 5, United States Code, revise such
regulations so as to provide for standards applicable to
covered consumer reporting agencies and covered service
providers that require such agencies and providers to maintain
sufficient safeguards to protect customer records and
information against cyber attacks and related threats.
(b) Investigations.--
(1) Initial investigation.--
(A) In general.--Not later than 18 months after the
date described in subparagraph (B), the Commission
shall complete an investigation of each person or
entity that, as of the date described in such
subparagraph, is a covered consumer reporting agency or
covered service provider, to determine whether such
agency or provider is in compliance with the
regulations issued by the Commission under section 501
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801).
(B) Date described.--The date described in this
subparagraph is--
(i) if no revision of such regulations is
required by paragraph (2) of subsection (a),
the date of the completion of the review
required by paragraph (1) of such subsection;
or
(ii) if revision of such regulations is
required by paragraph (2) of such subsection,
the date on which the Commission issues the
revised regulations.
(2) Subsequent investigations.--From time to time after the
date that is 18 months after the date described in paragraph
(1)(B), the Commission shall complete an investigation of each
covered consumer reporting agency and each covered service
provider to determine whether such agency or provider is in
compliance with the regulations issued by the Commission under
section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801).
SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of a
regulation issued by the Commission under section 501 of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801) by a covered consumer reporting
agency or a covered service provider shall be treated as a violation of
a rule under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(b) Powers of Commission.--The Commission shall enforce, with
respect to covered consumer reporting agencies and covered service
providers, the regulations issued by the Commission under section 501
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) in the same manner, by
the same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of such section. Any covered consumer reporting agency or covered
service provider that violates such a regulation shall be subject to
the penalties and entitled to the privileges and immunities provided in
the Federal Trade Commission Act.
SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--In any case in which the attorney general of a
State, or an official or agency of a State, has reason to believe that
an interest of the residents of such State has been or is threatened or
adversely affected by an act or practice by a covered consumer
reporting agency or covered service provider in violation of a
regulation issued by the Commission under section 501 of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801), the State, as parens patriae, may
bring a civil action on behalf of the residents of the State in an
appropriate district court of the United States to--
(1) enjoin such act or practice;
(2) enforce compliance with such regulation;
(3) obtain damages, restitution, or other compensation on
behalf of residents of the State; or
(4) obtain such other legal and equitable relief as the
court may consider to be appropriate.
(b) Notice.--Before filing an action under this section, the
attorney general, official, or agency of the State involved shall
provide to the Commission a written notice of such action and a copy of
the complaint for such action. If the attorney general, official, or
agency determines that it is not feasible to provide the notice
described in this subsection before the filing of the action, the
attorney general, official, or agency shall provide written notice of
the action and a copy of the complaint to the Commission immediately
upon the filing of the action.
(c) Authority of Commission.--
(1) In general.--On receiving notice under subsection (b)
of an action under this section, the Commission shall have the
right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(2) Limitation on state action while federal action is
pending.--If the Commission or the Attorney General of the
United States has instituted a civil action for violation of a
regulation issued by the Commission under section 501 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801) by a covered consumer
reporting agency or covered service provider (referred to in
this paragraph as the ``Federal action''), no State attorney
general, official, or agency may bring an action under this
section during the pendency of the Federal action against any
defendant named in the complaint in the Federal action for any
violation of such regulation alleged in such complaint.
(d) Rule of Construction.--For purposes of bringing a civil action
under this section, nothing in this Act shall be construed to prevent
an attorney general, official, or agency of a State from exercising the
powers conferred on the attorney general, official, or agency by the
laws of such State to conduct investigations, administer oaths and
affirmations, or compel the attendance of witnesses or the production
of documentary and other evidence.
SEC. 5. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Covered consumer reporting agency.--The term ``covered
consumer reporting agency'' means a consumer reporting agency
that compiles and maintains files on consumers on a nationwide
basis (as defined in section 603(p) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(p))).
(3) Covered service provider.--The term ``covered service
provider'' means any person or entity that is a service
provider (as defined in section 314.2 of title 16, Code of
Federal Regulations) through provision of services to a covered
consumer reporting agency. | Protecting Consumer Information Act of 2018 This bill requires the Federal Trade Commission to review protections of customer information against cyber threats. The bill includes provisions related to investigations, enforcement, and regulations that apply to consumer reporting agencies. | {"src": "billsum_train", "title": "Protecting Consumer Information Act of 2018"} | 1,771 | 45 | 0.5028 | 1.224477 | 0.609363 | 1.860465 | 36.511628 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stephanie Tubbs Jones Gift of Life
Medal Act of 2008''.
SEC. 2. ELIGIBILITY REQUIREMENTS FOR STEPHANIE TUBBS JONES GIFT OF LIFE
MEDAL.
(a) In General.--Subject to the provisions of this section and the
availability of funds under this Act, any organ donor, or the family of
any organ donor, shall be eligible for a Stephanie Tubbs Jones Gift of
Life Medal (hereafter in this Act referred to as a ``medal'').
(b) DOCUMENTATION.--The Secretary of Health and Human Services
shall direct the entity operating the Organ Procurement and
Transplantation Network to--
(1) establish an application procedure requiring the relevant
organ procurement organization through which an individual or
family of the individual made an organ donation, to submit to such
entity documentation supporting the eligibility of the individual
or the family, respectively, to receive a medal;
(2) determine through the documentation provided and, if
necessary, independent investigation whether the individual or
family, respectively, is eligible to receive such a medal; and
(3) arrange for the presentation to the relevant organ
procurement organization all medals struck pursuant to section 4 to
individuals or families that are determined to be eligible to
receive medals.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), only 1
medal may be presented to a family under subsection (b). Such medal
shall be presented to the donating family member, or in the case of
a deceased donor, the family member who signed the consent form
authorizing, or who otherwise authorized, the donation of the organ
involved.
(2) Exception.--In the case of a family in which more than 1
member is an organ donor, a medal may be presented for each such
organ donor.
SEC. 3. SOLICITATION OF DONATIONS; PROHIBITION ON USE OF FEDERAL FUNDS.
(a) In General.--The Organ Procurement and Transplantation Network
may collect funds to offset expenditures relating to the issuance of
medals authorized under this Act.
(b) Payment of Funds.--
(1) In general.--Except as provided in paragraph (2), all funds
received by the Organ Procurement and Transplantation Network under
subsection (a) shall be promptly paid by the Organ Procurement and
Transplantation Network to the Secretary of Health and Human
Services for purposes of purchasing medals under this Act for
distribution and paying the administrative costs of the Secretary
of Health and Human Services and the Secretary of the Treasury in
carrying out this Act.
(2) Limitation.--Not more than 7 percent of any funds received
under subsection (a) may be used to pay administrative costs, and
fundraising costs to solicit funds under subsection (a), incurred
by the Organ Procurement and Transplantation Network in carrying
out this Act.
(c) Prohibition on Use of Federal Funds.--No Federal funds
(including amounts appropriated for use by the Organ Procurement and
Transplantation Network) may be used for purposes of carrying out this
Act, including purchasing medals under this Act or paying the
administrative costs of the Secretary of Health and Human Services or
the Secretary of the Treasury in carrying out this Act.
SEC. 4. DESIGN AND PRODUCTION OF MEDAL.
(a) In General.--Subject to the provisions of this section, the
Secretary of the Treasury shall design and strike the Stephanie Tubbs
Jones Gift of Life Medals, each of which shall--
(1) weigh 250 grams;
(2) have a diameter of 3 inches; and
(3) consist of bronze.
(b) Design.--
(1) In general.--The design of the medals shall commemorate the
compassion and courage manifested by and the sacrifices made by
organ donors and their families, and the medals shall bear suitable
emblems, devices, and inscriptions.
(2) Selection.--The design of medals struck under this section
shall be--
(A) selected by the Secretary of the Treasury, in
consultation with the Secretary of Health and Human Services,
the Organ Procurement and Transplantation Network, interested
members of the family of Stephanie Tubbs Jones, Dr. William H.
Frist, and the Commission of Fine Arts; and
(B) reviewed by the Citizens Coin Advisory Committee.
(c) National Medals.--The medals struck pursuant to this section
are national medals for purposes of chapter 51 of title 31, United
States Code.
(d) Striking and Delivery of Minimum-Sized Lots.--The Secretary of
the Treasury shall strike and deliver to the Secretary of Health and
Human Services no fewer than 100 medals at any time pursuant to an
order by such Secretary.
(e) Cost of Medals.--Medals struck under this section and sold to
the Secretary of Health and Human Services for distribution in
accordance with this Act shall be sold to the Secretary of Health and
Human Services at a price sufficient to cover the cost of designing and
striking the medals, including labor, materials, dies, use of
machinery, and overhead expenses.
(f) No Expenditures in Advance of Receipt of Fund.--
(1) In general.--The Secretary of the Treasury shall not strike
or distribute any medals under this Act until such time as the
Secretary of Health and Human Services certifies that sufficient
funds have been received by such Secretary to cover the cost of the
medals ordered.
(2) Design in advance of order.--Notwithstanding paragraph (1),
the Secretary of the Treasury may begin designing the medal at any
time after the date of the enactment of this Act and take such
other action as may be necessary to be prepared to strike such
medals upon receiving the certification described in such
paragraph, including preparing dies and striking test pieces.
SEC. 5. MEDALS NOT TREATED AS VALUABLE CONSIDERATION.
A medal under this Act shall not be treated as valuable
consideration for purposes of section 301(a) of the National Organ
Transplant Act (42 U.S.C. 274e(a)).
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Organ.--The term ``organ'' has the meaning given such term
in section 121.2 of title 42, Code of Federal Regulations.
(2) Organ procurement organization.--The term ``organ
procurement organization'' means a qualified organ procurement
organization described in section 371(b)(1) of the Public Health
Service Act (42 U.S.C. 273(b)(1)).
(3) Organ procurement and transplantation network.-- The term
``Organ Procurementand Transplantation Network'' means the Organ
Procurement and Transplantation Network established under section
372 of the Public Health Service Act (42 U.S.C. 274).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Stephanie Tubbs Jones Gift of Life Medal Act of 2008 - Makes any organ donor, or the family of any organ donor, eligible for a Stephanie Tubbs Jones Gift of Life Medal.
Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network to establish an application procedure, determine eligibility, and arrange for the presentation of medals.
Allows only one medal per family. Requires that such medal be presented to the donor or, in the case of a deceased donor, the family member who signed the consent form authorizing the organ donation.
Authorizes the Network to collect funds to offset expenditures relating to the issuance of medals.
Prohibits federal funds from being used to carry out this Act.
Requires the Secretary of the Treasury to design and strike the Stephanie Tubbs Jones Gift of Life Medals using certain specifications.
Provides that a medal under this Act shall not be treated as valuable consideration for purposes of prohibiting transferring human organs for valuable consideration. | {"src": "billsum_train", "title": "To establish the Stephanie Tubbs Jones Gift of Life Medal for organ donors and the family of organ donors."} | 1,513 | 224 | 0.718319 | 2.058128 | 0.866408 | 4.632979 | 7.159574 | 0.867021 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bettering Resources In Guarding from
Human Trafficking Act of 2017'' or the ``BRIGHT Act of 2017''.
SEC. 2. MANDATORY MINIMUMS FOR CERTAIN TRAFFICKING OFFENSES.
(a) Peonage.--Section 1581(a) of title 18, United States Code, is
amended--
(1) in the first sentence, by striking ``or imprisoned not
more than 20 years, or both'' and inserting ``and imprisoned
for not less than five years and not more than 20 years''; and
(2) in the second sentence, by striking ``or imprisoned for
any term of years or life, or both'' and inserting ``and
imprisoned for not less than five years''.
(b) Vessels for Slave Trade.--Section 1582 of title 18, United
States Code, is amended by striking ``or imprisoned not more than seven
years, or both'' and inserting ``and imprisoned for not less than five
years and not more than seven years''.
(c) Enticement Into Slavery.--Section 1583 of title 18, United
States Code, is amended--
(1) in subsection (a), by striking ``, imprisoned not more
than 20 years, or both'' and inserting ``and imprisoned for not
less than five years and not more than 20 years''; and
(2) in subsection (b), by striking ``, imprisoned for any
term of years or for life, or both'' and inserting ``and
imprisoned for not less than five years''.
(d) Sale Into Involuntary Servitude.--Section 1584(a) of title 18,
United States Code, is amended--
(1) in the first sentence, by striking ``or imprisoned not
more than 20 years, or both'' and inserting ``and imprisoned
for not less than five years and not more than 20 years''; and
(2) in the second sentence, by striking ``or imprisoned for
any term or years or life, or both'' and inserting ``and
imprisoned for not less than five years''.
(e) Seizure, Detention, Transportation or Sale of Slaves.--Section
1585 of title 18, United States Code, is amended by striking ``or
imprisoned not more than seven years, or both'' and inserting ``and
imprisoned for not less than five years and not more than seven
years''.
(f) Service on Vessels in Slave Trade.--Section 1586 of title 18,
United States Code, is amended by striking ``or imprisoned not more
than two years, or both'' and inserting ``and imprisoned for not less
than one year and not more than two years''.
(g) Possession of Slaves Aboard Vessel.--Section 1587 of title 18,
United States Code, is amended by striking ``or imprisoned not more
than four years, or both'' and inserting ``and imprisoned for not less
than one year and not more than four years''.
(h) Transportation of Slaves From United States.--Section 1588 of
title 18, United States Code, is amended by striking ``or imprisoned
not more than 10 years, or both'' and inserting ``and imprisoned for
not less than five years and not more than 10 years''.
(i) Forced Labor.--Section 1589(d) of title 18, United States Code,
is amended--
(1) in the first sentence, by striking ``, imprisoned not
more than 20 years, or both'' and inserting ``and imprisoned
for not less than five years and not more than 20 years''; and
(2) in the second sentence, by striking ``, imprisoned for
any term of years or life, or both'' and inserting ``and
imprisoned for not less than five years''.
(j) Trafficking With Respect to Peonage, Slavery, Involuntary
Servitude, or Forced Labor.--Section 1590(a) of title 18, United States
Code, is amended--
(1) in the first sentence, by striking ``or imprisoned not
more than 20 years, or both'' and inserting ``and imprisoned
for not less than five years and not more than 20 years''; and
(2) in the second sentence, by striking ``or imprisoned for
any term of years or life, or both'' and inserting ``and
imprisoned for not less than 5 years''.
(k) Unlawful Conduct With Respect to Documents in Furtherance of
Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced
Labor.--Section 1592(a) of title 18, United States Code, is amended to
read as follows:
``(a) Whoever knowingly destroys, conceals, removes, confiscates,
or possesses any actual or purported passport or other immigration
document, or any other actual or purported government identification
document, of another person--
``(1)(A) in the course of a violation of section 1581,
1583, 1584, 1589, 1590, or 1594(a);
``(B) with intent to violate section 1581, 1583, 1584,
1589, or 1590; or
``(C) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, the person's liberty to
move or travel, in order to maintain the labor or services of
that person, when the person is or has been a victim of a
severe form of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
shall be fined under this title and imprisoned for not less than one
year and not more than five years; or
``(2) in the course of a violation of section 1591, or with
intent to violate such section, shall be fined under this title
and imprisoned for not less than 5 years and not more than 10
years.''. | Bettering Resources in Guarding from Human Trafficking Act of 2017 or the BRIGHT Act of 2017 This bill amends the federal criminal code to establish a five-year mandatory minimum prison term for certain offenses related to peonage, slavery, involuntary servitude, forced labor, and trafficking. | {"src": "billsum_train", "title": "Bettering Resources In Guarding from Human Trafficking Act of 2017"} | 1,438 | 66 | 0.532481 | 1.343063 | 0.237144 | 2.5 | 23.057692 | 0.807692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunting Heritage Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Recreational hunting is an important and traditional
recreational activity in which 14,000,000 Americans 16 years of
age and older participate.
(2) Hunters have been and continue to be among the foremost
supporters of sound wildlife management and conservation
practices in the United States.
(3) Persons who hunt and organizations related to hunting
provide direct assistance to wildlife managers and enforcement
officers of Federal, State, and local governments.
(4) Purchases of hunting licenses, permits, and stamps and
excise taxes on goods used by hunters have generated billions
of dollars for wildlife conservation, research, and management.
(5) Recreational hunting is an essential component of
effective wildlife management, in that it is an important tool
for reducing conflicts between people and wildlife and provides
incentives for the conservation of wildlife and habitats and
ecosystems on which wildlife depends.
(6) Each State has established at least one agency staffed
by professionally trained wildlife management personnel, that
has legal authority to manage the wildlife in the State.
(7) Recreational hunting is an environmentally acceptable
activity that occurs and can be provided for on Federal public
lands without adverse effects on other uses of that land and
water.
SEC. 3. RECREATIONAL HUNTING.
(a) In General.--Subject to valid existing rights, Federal public
lands shall be open to access and use for recreational hunting except--
(1) as limited by the Federal agency with responsibility
for Federal public lands--
(A) for reasons of national security;
(B) for reasons of public safety; or
(C) for reasons authorized in applicable Federal
statutes as reasons for closure; and
(2) as recreational hunting is limited by the State in
which the Federal public lands are located.
(b) Management.--The head of each Federal agency with authority to
manage a natural resource or Federal public lands on which a natural
resource depends shall exercise that authority, consistent with
subsection (a), in a manner so as to support, promote, and enhance
recreational hunting opportunities, to the extent authorized under
State law and regulation and in accordance with applicable Federal law.
(c) No Net Loss.--
(1) In general.--Federal land management decisions and
actions should, to the greatest extent practicable, result in
no net loss of land area available for hunting opportunities on
Federal public lands.
(2) Annual report.--Not later than October 1 of each year,
the head of each Federal agency with authority to manage
Federal public lands on which recreational hunting occurs shall
submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing--
(A) areas administered by the agency that have been
closed during the previous year to recreational hunting
and the reasons for such closure; and
(B) areas administered by the agency that were open
to recreational hunting to compensate for those areas
described under subparagraph (A).
(d) Areas Not Affected.--Nothing in this Act shall be construed to
compel the opening to recreational hunting of national parks or
national monuments administered by the National Park Service.
(e) No Priority.--This section does not require a Federal agency to
give preference to hunting over other uses of Federal public lands, or
over land or water management priorities established in Federal law.
(f) Authority of the States.--
(1) Savings.--Nothing in this Act shall be construed as
affecting the authority, jurisdiction, or responsibility of the
several States to manage, control, or regulate fish and
resident wildlife under State law or regulations on land or
water within a State, including Federal public lands, nor as
impliedly preempting such State authority.
(2) Federal licenses.--Nothing in this Act shall be
construed as authorizing the head of any Federal agency, or any
official of such an agency, to require licenses or permits to
hunt, fish or trap on lands or waters within a State, including
on Federal public lands.
(3) State right of action.--Any State aggrieved by the
failure of the head of a Federal agency or an official thereof
to comply with this subsection may file a civil action in the
United States District Court for the district in which the
alleged act in violation of this subsection occurred or is
occurring to enjoin permanently such act. The court may grant
preliminary injunctive relief in any such action if the
granting of such relief is appropriate under the facts on which
such action is based. A State which is a prevailing party in an
action pursuant to this paragraph shall be awarded its costs
and attorneys' fees.
SEC. 4. NATIONAL RECREATIONAL HUNTING COORDINATION COUNCIL.
(a) Establishment.--There is hereby established a National
Recreational Hunting Coordination Council (in this Act referred to as
the ``Council'').
(b) Recreational Hunting Resources Conservation Plan.--
(1) In general.--The Council, in cooperation with Federal
agencies, States, and tribes, and the hunting community, shall
develop a comprehensive recreational hunting and wildlife
resource conservation plan.
(2) Contents.--The plan shall--
(A) recommend short- and long-term actions to be
carried out by the Federal agencies identified in the
plan to conserve and restore wildlife habitat in a
manner so as to support, promote, facilitate, and
enhance recreational hunting opportunities on Federal
public lands; and
(B) include--
(i) a review and evaluation of Federal
policies that affect recreational hunting
opportunities on Federal public lands;
(ii) recommendations to ensure that Federal
agencies consider the social and economic
values of healthy wildlife habitat and
recreational hunting in land management
decisions;
(iii) recommended actions to be taken by
Federal agencies to facilitate and promote
hunting access to appropriate Federal public
lands;
(iv) recommended actions to facilitate the
transfer of the latest resource information and
management technologies to wildlife managers
and the public to assist in the conservation
and management of wildlife and the promotion of
hunting opportunities on Federal public lands;
(v) recommendations for improving Federal
agency cooperation with States, tribes,
wildlife conservation groups, and the hunting
community;
(vi) measurable objectives of efforts to
conserve and restore wildlife habitats that
support viable and healthy wildlife resources
that may be hunted;
(vii) a comprehensive mechanism to evaluate
the attainment of the objectives described in
clause (vi); and
(viii) an evaluation of the need for a
permanent National Recreational Hunting
Coordination Council.
(3) Integration.--To the extent practicable, the Council in
developing such plan shall integrate it with existing plans and
programs to reduce duplication of efforts.
(4) Submission of plan.--Not later than 18 months after the
date of enactment of this Act, the Council shall publish a
draft plan in the Federal Register and provide opportunity for
public review and comment. Not later than 3 years after the
date of enactment, the Council shall revise and update as
necessary the draft plan and submit a final plan to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, and
the President.
(c) Membership.--
(1) Number and appointment.--The Council shall consist of
11 members appointed as follows:
(A) 1 member appointed by the Secretary of the
Interior.
(B) 1 member appointed by the Secretary of
Agriculture.
(C) 1 member appointed by the Secretary of Defense.
(D) 1 member appointed by the Speaker of the House
of Representatives.
(E) 1 member appointed by the minority leader of
the House of Representatives.
(F) 1 member appointed by the majority leader of
the Senate.
(G) 1 member appointed by the minority leader of
the Senate.
(H) 2 members appointed by the President from among
the directors of State fish and wildlife agencies.
(I) 2 members appointed by the President to
represent recreational hunters.
(2) Vacancies.--A vacancy in the Council shall be filled in
the manner in which the original appointment was made.
(3) Pay.--Each member shall serve without pay.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(5) Chairperson.--The members of the Council shall elect a
Chairperson of the Council from among its members.
(d) Powers of Council.--
(1) Hearings and sessions.--The Council may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Council considers appropriate.
(2) Powers of members and agents.--Any member or agency of
the Council may, if authorized by the Council, take any action
which the Council is authorized to take by this subsection.
(e) Termination.--The Council shall terminate upon the earlier of
the date of submission of the final plan under subsection (b) or 3
years after the date of the enactment of this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $250,000 for each of
fiscal years 2001 through 2003 to support the Council established under
this section.
(g) Effective Date.--This section shall become effective January
20, 2001.
SEC. 5. DEFINITIONS.
In this Act:
(1) Hunting.--The term ``hunting'' means the lawful
pursuit, hunting, trapping, shooting, capture, collection, or
killing of wildlife or the attempt to pursue, hunt, trap,
shoot, capture, collect, or kill wildlife.
(2) Federal public lands.--The term ``Federal public
lands'' means any land or water the title to which is in the
United States after the date of enactment of this Act. | Directs the head of each Federal agency with authority to manage a natural resource or public lands on which such a resource depends to exercise that authority in a manner so as to support, promote, and enhance recreational hunting opportunities.
Declares that Federal land management decisions and actions should result in no net loss of land area available for hunting opportunities on Federal public lands.
Requires the heads of Federal agencies with authority to manage Federal public lands on which recreational hunting occurs to report annually to specified congressional committees on areas administered that have been closed during the previous year to recreational hunting and reasons for such closures and on areas that were open to such hunting to compensate for closed areas.
Grants States the right to file civil actions in district courts in cases where Federal agencies fail to comply with State authority to manage or regulate fish and wildlife.
Establishes a National Recreational Hunting Coordination Council to develop a recreational hunting and wildlife resource conservation plan for Federal public lands.
Terminates the Council on the earlier of the date of submission of the final plan or three years after this Act's enactment date. Authorizes appropriations. | {"src": "billsum_train", "title": "Hunting Heritage Protection Act"} | 2,140 | 241 | 0.610889 | 1.65295 | 0.991948 | 4.164319 | 9.615023 | 0.906103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Space Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a prolonged and severe downturn in the market for
commercial space launches has resulted in--
(A) a significant reduction in the United States
global market share in orbital space launches;
(B) a severe decrease in the number of Government-
licensed orbital launches; and
(C) a commercial space transportation industry
dependent upon Government business opportunities;
(2) the continuous reduction of cost and improvement in
safety and reliability of commercial space transportation
capabilities is a necessary ingredient to achieving most United
States space goals;
(3) the opening of outer space to the American people and
their economic, scientific, and cultural enterprises is a
priority goal which should guide Federal space investments,
policy development, and regulatory action;
(4) despite a weak United States launch industry, recent
industrial and technical developments indicate that commercial
suborbital human spaceflight vehicles are under active
development in both the United States and other nations, and
greater private investment in these development efforts will
promote greater innovation and competitiveness for the United
States commercial space transportation industry as a whole;
(5) space transportation is not without risks;
(6) a critical area of responsibility for the Office of the
Associate Administrator for Commercial Space Transportation is
to ensure that the Federal regulation of this new commercial
suborbital human spaceflight industry should focus on
protecting the safety of the general, uninvolved public, while
allowing involved persons to assume risks which are inherent to
human spaceflight activities;
(7) enactment of a 3-year extension of the excess third
party claims payment provision of chapter 701 of title 49,
United States Code (Commercial Space Launch Activities) is
necessary to provide an appropriate period to evaluate
recommended changes to the Government's commercial space launch
indemnification regime;
(8) the Secretary of Transportation should establish
regulatory guidelines that foster an efficient and cost-
effective process for ensuring safe commercial space launch
operations at the Nation's launch ranges and bases; and
(9) the public interest is served by creating a clear legal
and regulatory regime for commercial space transportation,
including an unambiguous delineation of regulatory roles and
responsibilities.
SEC. 3. AMENDMENTS.
(a) Authorization of Appropriations for Office of Commercial Space
Transportation.--Section 70119 of title 49, United States Code, is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) $11,523,000 for fiscal year 2004; and
``(2) $11,000,000 for fiscal year 2005.''.
(b) Findings.--Section 70101(a) of title 49, United States Code, is
amended--
(1) in paragraph (3), by inserting ``human spaceflight,''
after ``research,''; and
(2) in paragraph (4), by striking ``satellite'' and
inserting ``space'', and by striking ``services now available
from'' and inserting ``capabilities of''.
(c) Definitions.--Section 70102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (16) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (16), (19), and (20), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `crew' means an individual or individuals carried
within a launch or reentry vehicle who performs a function
necessary for the protection of public safety. '';
(3) in paragraph (9), as so redesignated by paragraph (1)
of this subsection--
(A) by inserting ``an individual or'' after
``means'';
(B) by inserting ``or return from'' after ``to
place in''; and
(C) by striking ``that object'' and inserting
``that individual or object'';
(4) by inserting after paragraph (14), as so redesignated
by paragraph (1) of this subsection, the following new
paragraph:
``(15) `spaceflight participant' means an individual who is
not crew carried within a launch or reentry vehicle during a
launch or reentry.'';
(5) by inserting after paragraph (16), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(17) `suborbital rocket' means a rocket-propelled vehicle
intended for flight on a suborbital trajectory whose thrust is
greater than its lift for the majority of the powered portion
of its flight.
``(18) `suborbital trajectory' means the intentional flight
path of a launch vehicle, reentry vehicle, or any portion
thereof, whose vacuum instantaneous impact point does not leave
the surface of the Earth.''; and
(6) in paragraph (19), as so redesignated by paragraph (1)
of this subsection--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) crew or spaceflight participants.''.
(d) Commercial Human Spaceflight.--(1) Section 70104 of title 49,
United States Code, is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Spaceflight Participant Requirements.--The
holder of a license under this chapter may launch or reenter a
spaceflight participant only if--
``(1) the spaceflight participant has received training and
met medical or other standards specified in the license;
``(2) the spaceflight participant is informed of the safety
record of the launch or reentry vehicle type; and
``(3) the launch or reentry vehicle is marked in a manner
specified by the Secretary of Transportation which identifies
it as a launch or reentry vehicle rather than an aircraft.''.
(2) Section 70112(b)(1) of title 49, United States Code, is amended
by striking ``property damage or loss it sustains, or for personal
injury to, death of, or property damage or loss sustained by its own
employees'' and inserting ``personal injury, death, property damage, or
loss it sustains, and for personal injury to, death of, or property
damage or loss sustained by its own employees,''.
SEC. 4. REGULATORY FRAMEWORK.
The Secretary of Transportation shall take appropriate efforts,
including realignment of personnel and resources, to create a
streamlined, cost-effective, and enabling regulatory framework for the
United States commercial human spaceflight industry. The Secretary of
Transportation shall clearly distinguish the Department's regulation of
air commerce from its regulation of commercial human spaceflight, and
focus the Department's regulation of commercial human spaceflight
activities on protecting the safety of the general public, while
allowing spaceflight participants who have been trained and meet
license-specific standards to assume an informed level of risk. Not
later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall transmit to the Congress a report on
the progress made in implementing this section.
SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION EXTENSION.
Section 70113(f) of title 49, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2007''.
SEC. 6. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION.
(a) Applications.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Transportation shall enter into
an appropriate arrangement with the National Academy of Public
Administration to conduct a study on the liability risk-sharing regime
in the United States for commercial space transportation. The study
shall recommend modifications to the liability regime and
characterization of actions required to implement those modifications.
The study shall analyze the adequacy, propriety, and effectiveness of,
and the need for, the current liability risk-sharing regime. The study
shall specifically consider--
(1) other countries' regimes;
(2) the use of the designation of ``ultra hazardous'' for
space transportation activities;
(3) relevant international treaties;
(4) impacts of reusable launch vehicles and spaceports; and
(5) the feasibility of airline-like liability regimes.
The study shall use a clearly described, analytical methodology to
specify the factors used in evaluating the current regime and
alternative approaches to the current regime. Estimates of impacts
shall be quantified where possible.
(b) Completion Date.--The results of the study described in
subsection (a) shall be transmitted to the Congress not later than 18
months after the date of the enactment of this Act.
SEC. 7. OFFICE OF SPACE COMMERCE.
(a) Redesignation.--The Office of Space Commercialization
established under section 8 of the Technology Administration Act of
1998 (15 U.S.C. 1511e) is redesignated as the Office of Space Commerce.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the Office of Space
Commerce--
(1) $1,800,000 for fiscal year 2004; and
(2) $2,000,000 for fiscal year 2005.
SEC. 8. DELEGATION OF LICENSING AUTHORITY.
(a) Delegation.--The Secretary of Commerce shall delegate the
authority provided to the Secretary under title II of the Land Remote
Sensing Policy Act of 1992 (15 U.S.C. 5621 et seq.) to the Director of
the Office of Space Commerce.
(b) Amendment.--Section 8(c) of the Technology Administration Act
of 1998 (15 U.S.C. 1511e(c)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) licensing private sector parties to operate private
remote sensing space systems; and
``(9) serving as the Executive Secretary for the
Interagency Global Positioning System Executive Board.''. | Commercial Space Act of 2003 - Amends the Commercial Space Launch Act (CSLA) to prohibit CSLA license holders from launching or reentering a spaceflight participant unless: (1) the participant has received training and met medical or other standards specified in the license; (2) the participant is informed of the safety record of the launch or reentry vehicle type; and (3) the launch or reentry vehicle is marked to distinguish it from an aircraft in a manner specified by the Secretary of Transportation.
Requires the Secretary to create, and report to Congress on progress in implementing, a streamlined, cost-effective, and enabling regulatory framework for the U.S. commercial human spaceflight industry.
Extends current indemnification provisions for commercial space transportation through calendar 2007.
Requires the Secretary to arrange with the National Academy of Public Administration to study and report to Congress on the liability risk-sharing regime for U.S. commercial space transportation.
Redesignates the Department of Commerce's Office of Space Commercialization as the Office of Space Commerce (OSC).
Requires the Secretary of Commerce to delegate to the Director of OSC the Secretary's licensing authority for private remote sensing space systems (satellite photo systems). Amends the Technology Administration Act of 1998 to reflect this delegation of authority and to give the Director of OSC responsibility for serving as Executive Secretary for the Interagency Global Positioning System Executive Board. | {"src": "billsum_train", "title": "To promote the development of the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, to authorize appropriations for the Office of Space Commerce, and for other purposes."} | 2,328 | 312 | 0.593568 | 1.933035 | 0.685858 | 4.173077 | 8.330769 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Safety Act of
2003''.
SEC. 2. ADVERSE EXPERIENCES WITH DIETARY SUPPLEMENTS.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following:
``SEC. 416. ADVERSE EXPERIENCES WITH DIETARY SUPPLEMENTS.
``(a) Definitions.--In this section:
``(1) Adverse dietary supplement experience.--The term
`adverse dietary supplement experience' means an adverse event
that is associated with the use of a dietary supplement in a
human, without regard to whether the event is known to be
causally related to the dietary supplement.
``(2) Serious adverse dietary supplement experience.--The
term `serious adverse dietary supplement experience' means an
adverse dietary supplement experience that--
``(A) results in--
``(i) death;
``(ii) a life-threatening condition;
``(iii) inpatient hospitalization or
prolongation of hospitalization;
``(iv) a persistent or significant
disability or incapacity; or
``(v) a congenital anomaly, birth defect,
or other effect regarding pregnancy, including
premature labor or low birth weight; or
``(B) requires medical or surgical intervention to
prevent 1 of the outcomes described in subparagraph
(A).
``(b) Reporting and Review.--
``(1) Serious adverse dietary supplement experiences.--
``(A) In general.--Each manufacturer of a dietary
supplement, and each packer or distributor of a dietary
supplement the name of which appears on the labeling of
the dietary supplement--
``(i) shall develop written procedures
for--
``(I) surveillance, receipt, and
evaluation of information on adverse
dietary supplement experiences
associated with use of the dietary
supplement; and
``(II) submission to the Secretary
of reports under this subsection;
``(ii) as soon as practicable after, but in
no event later than 15 calendar days after,
initial receipt of information with respect to
a serious adverse dietary supplement
experience, shall submit to the Secretary--
``(I) the information; and
``(II) a copy of the current
labeling for the dietary supplement;
``(iii)(I) shall promptly investigate the
adverse dietary supplement experience; and
``(II)(aa) if additional information is
obtained, shall submit to the Secretary a
report describing the information--
``(AA) not later than 15 days after
obtaining the information; or
``(BB) at the request of the
Secretary; or
``(bb) if no additional information is
obtained, shall maintain records of the steps
taken to seek additional information.
``(B) Elimination of duplicative reporting.--
``(i) In general.--To avoid duplicative
reporting under this subsection, the Secretary
may establish a procedure under which--
``(I) a packer or distributor of a
dietary supplement may submit a report
to the manufacturer of the dietary
supplement; and
``(II) the manufacturer shall
transmit the report to the Secretary.
``(ii) Requirement.--A procedure under
clause (i) shall ensure that the Secretary
receives reports within the applicable period
of time specified in subparagraph (A).
``(C) Clinical evaluations by the secretary.--
``(i) In general.--The Secretary shall
conduct a clinical evaluation of each serious
adverse dietary supplement experience with a
patient that is reported to the Secretary under
subparagraph (A).
``(ii) Unwilling patient.--The Secretary is
not required to conduct a clinical evaluation
under clause (i) to the extent that any
unwillingness of the patient (or the next of
kin for the patient, as the case may be) to
cooperate with the evaluation makes it impracticable to conduct the
evaluation.
``(2) Periodic adverse dietary supplement experience
reporting.--A manufacturer of a dietary supplement shall
annually (or at such shorter intervals as the Secretary may
require), in accordance with such requirements as the Secretary
may establish, submit to the Secretary a report that discloses
all information received with respect to adverse dietary
supplement experiences not previously reported under paragraph
(1).
``(3) Review regarding adverse dietary supplement
experiences.--
``(A) In general.--Promptly after a manufacturer of
a dietary supplement receives from a consumer, or
obtains by any other means, any information on an
adverse dietary supplement experience, the manufacturer
shall review the information.
``(B) Applicability.--Subparagraph (A)--
``(i) applies to information without regard
to the source of the information, foreign or
domestic; and
``(ii) includes information derived from
sources such as--
``(I) commercial marketing
experience;
``(II) postmarketing
investigations;
``(III) postmarketing surveillance;
``(IV) studies;
``(V) reports in the scientific
literature; and
``(VI) unpublished scientific
papers.
``(4) Additional reporting requirements.--In addition to
the requirements of paragraphs (1) and (2), the Secretary may
establish such requirements regarding the reporting of
information on adverse dietary supplement experiences as the
Secretary determines to be appropriate to protect the public
health.
``(5) Waivers.--The Secretary may grant a waiver from the
requirement of paragraph (1), (2), or (3) with respect to a
dietary supplement if the Secretary determines that compliance
with the requirement is not necessary to protect the public
health.
``(6) System for coordination of reports received by the
secretary.--With respect to reports of adverse dietary
supplement experiences submitted to the Secretary (whether
required under this subsection or otherwise), the Secretary
shall establish a system to--
``(A) receive the reports;
``(B) refer the reports to the appropriate
officials within the Food and Drug Administration;
``(C) store and retrieve the reports;
``(D) store and retrieve records of activities
carried out in response to the reports; and
``(E) carry out such other administrative functions
regarding the reports as the Secretary determines to be
appropriate.
``(7) Data collection by secretary.--
``(A) In general.--The Secretary shall carry out a
program to collect data on serious adverse dietary
supplement experiences, in addition to receiving
reports required in this subsection.
``(B) Cooperation.--In carrying out the program,
the Secretary shall seek the cooperation of appropriate
public and private entities, including entities that
respond to medical emergencies.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
fiscal year 2003 and each fiscal year thereafter.
``(c) Postmarket Surveillance.--
``(1) Authority to require surveillance.--The Secretary may
by order require a manufacturer of a dietary supplement to
conduct postmarket surveillance for the dietary supplement if
the Secretary determines that there is a reasonable possibility
that a use or expected use of the dietary supplement by a
significant number of consumers may result in serious adverse
experiences.
``(2) Surveillance plan.--
``(A) In general.--Not later than 30 days after
receiving from the Secretary an order under paragraph
(1) to conduct surveillance for a dietary supplement, a
manufacturer shall submit to the Secretary, for the
approval of the Secretary, a plan for the required
surveillance.
``(B) Qualifications regarding surveillance; data
regarding adverse dietary supplement experiences.--Not
later than 60 days after a plan is submitted to the
Secretary under subparagraph (A), the Secretary shall
determine whether--
``(i) the person designated to conduct the
surveillance has appropriate qualifications and
experience to conduct the surveillance; and
``(ii) the plan will result in the
collection of useful data that will disclose
adverse dietary supplement experiences or other
information necessary to protect the public
health.
``(3) Surveillance period.--In consultation with a
manufacturer of a dietary supplement that is required to
conduct surveillance under paragraph (1), the Secretary may by
order require a prospective surveillance period for the
manufacturer of not more than--
``(A) 3 years; or
``(B) such longer period as may be determined--
``(i) by agreement between the Secretary
and the manufacturer; or
``(ii) if the Secretary and the
manufacturer cannot agree, through a dispute
resolution process established by the Secretary
by regulation.
``(d) Safety Review for Possibly Dangerous Dietary Supplements.--
``(1) In general.--If a clinical evaluation by the
Secretary of 1 or more serious adverse events indicates that a
dietary supplement or a dietary ingredient contained in a
dietary supplement appears to present a significant or
unreasonable risk of illness, the Secretary may require the
manufacturers of the dietary supplement, or of a dietary
ingredient contained in a dietary supplement, to submit to the
Secretary data demonstrating that the dietary supplement
containing the dietary ingredient is safe.
``(2) Approval or disapproval of continued marketing.--As
soon as practicable after receiving data required under
paragraph (1), the Secretary shall review the data and issue a
determination that--
``(A)(i) the dietary supplement is safe; and
``(ii) the continued marketing of the dietary
supplement is approved; or
``(B)(i) the dietary supplement is not safe or has
not been shown to be safe under ordinary or frequent
conditions of use; and
``(ii) the continued marketing of the dietary
supplement is disapproved.''.
(b) 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:
``(hh) Adverse Dietary Supplement Experiences.--
``(1) Failure to comply.--The failure of a person to submit
a report or comply with any other requirement under section
416.
``(2) Disapproval of continued marketing.--The continued
marketing of a dietary supplement by any person after the
Secretary issues a determination under section 416(d)(2)(B)
that--
``(A) the dietary supplement is not safe or has not
been shown to be safe under ordinary conditions of use;
and
``(B) the continued marketing of the dietary
supplement is disapproved.''.
SEC. 3. STIMULANTS.
(a) Definition of Stimulant.--Section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end
the following:
``(nn) Stimulant.--The term `stimulant' means a dietary ingredient
that has a stimulant effect on the cardiovascular system or the central
nervous system of a human by any means, including--
``(1) speeding metabolism;
``(2) increasing heart rate;
``(3) constricting blood vessels; or
``(4) causing the body to release adrenaline.''.
(b) Premarket Approval.--Chapter IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341 et seq.) (as amended by section 2(a)) is
amended by adding at the end the following:
``SEC. 417. STIMULANTS.
``(a) In General.--No person shall introduce or deliver for
introduction into interstate commerce a dietary supplement containing a
stimulant unless an approval of the dietary supplement under this
section is in effect.
``(b) Approval.--The Secretary shall approve an application for
premarket approval of a dietary supplement containing a stimulant if
the manufacturer of the stimulant demonstrates that the dietary
supplement is safe under ordinary or frequent conditions of use.
``(c) Combinations of Stimulants.--In the case of a dietary
supplement that contains a combination of stimulants, the Secretary, in
determining the safety of the dietary supplement, shall consider the
interaction of the various stimulants contained in the dietary
supplement.
``(d) Action on Application.--The Secretary shall approve or
disapprove an application for premarket approval of a dietary
supplement containing a stimulant not later than 180 days after
receiving the application.''.
(c) Adulterated Food.--Section 402 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the
following:
``(i) Dietary Supplements Containing a Stimulant.--If the food is a
dietary supplement containing a stimulant for which the Secretary has
not granted premarket approval under section 417.
``(j) Effect of Section.--Nothing in this section affects any other
law (including a regulation) applicable to caffeine used as a food or
drug.''.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services shall issue
guidance for implementing the amendments made by this section.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section--
(A) apply to dietary supplements manufactured
before, on, or after the date of enactment of this Act;
and
(B) take effect on the date that is 180 days after
the date of enactment of this Act.
(2) Already-marketed dietary supplements.--The amendments
made by this section do not apply to a dietary supplement that
has been marketed before the date of enactment of this Act
until the date that is 2 years after the date of enactment of
this Act.
SEC. 4. STEROID PRECURSORS.
(a) Federal Food, Drug, and Cosmetic Act.--Section 201(ff)(1) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(1)) is
amended by striking ``(other than tobacco)'' and inserting ``(other
than tobacco or a product that bears or contains an anabolic steroid
(including a substance that is chemically and pharmacologically related
to testosterone but not including an estrogen, progestin, or
corticosteroid))''.
(b) Controlled Substances Act.--
(1) Definition of anabolic steroid.--Section 102(41)(A) of
the Controlled Substances Act (21 U.S.C. 802(41)(A)) is
amended--
(A) by striking ``that promotes muscle growth, and
includes--'' and inserting ``that promotes muscle
growth or is advertised or used to promote muscle
growth.
``(B) The term `anabolic steroid' includes--''; and
(B) by striking ``(B)(i)'' and inserting
``(C)(i)''.
(2) Exclusion from schedule.--Section 201(g)(1) of the
Controlled Substances Act (21 U.S.C. 811(g)(1)) is amended by
striking ``if such substance'' and all that follows and
inserting ``if the substance--
``(A) is approved as being safe and effective for its
intended use under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355); or
``(B) is lawfully marketed under an over-the-counter
monograph issued by the Food and Drug Administration.''.
SEC. 5. AGENCY EXPERTISE AND AUTHORITY.
Section 402(f)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(f)(1)) is amended by striking the matter following
subparagraph (D). | Amends the Federal Food, Drug, and Cosmetic Act to require each manufacturer of a dietary supplement (supplement), and each packer or distributor of a supplement the name of which appears on the labeling, to report serious adverse experiences to the Secretary of Health and Human Services and to investigate such occurrences. Defines a serious adverse experience as an adverse event associated with the use of a supplement in a human that involves death or one of other serious calamities. Directs the Secretary to conduct a clinical evaluation of each such reported experience.Requires the manufacturer of a dietary supplement to report periodically on other adverse experiences and to review such occurrences.Allows the Secretary to grant a waiver from the above reporting, reviewing, and investigating requirements with respect to a dietary supplement upon determination that compliance is not necessary to protect the public health.Authorizes the Secretary to require a manufacturer to conduct postmarket surveillance for a supplement under specified circumstances.Permits the Secretary to require a manufacturer of a supplement or of an ingredient in a supplement to demonstrate that its product is safe under specified circumstances. Directs the Secretary to approve the continued marketing of such a supplement or ingredient or to disapprove it.Prohibits any introduction into interstate commerce of a supplement containing a stimulant unless it is approved by the Secretary under this Act.Amends the Act to exclude a product that bears or contains an anabolic steroid from the definition of a dietary supplement for a specified chapter of the Act.Eliminates a provision of the Act requiring the United States to bear the burden of proof to show a supplement or an ingredient in a supplement is adulterated due to a safety violation. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to require that manufacturers of dietary supplements submit to the Food and Drug Administration reports on adverse experiences with dietary supplements, and for other purposes."} | 3,659 | 385 | 0.597499 | 1.703639 | 0.79686 | 2.873377 | 10.331169 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local and Municipal Health Care
Choice Act of 2017''.
SEC. 2. COOPERATIVE GOVERNING OF PUBLIC ENTITY GROUP HEALTH COVERAGE.
Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et
seq.) is amended--
(1) by redesignating the section 2794 (42 U.S.C. 300gg-95)
relating to uniform fraud and abuse referral format as section
2795; and
(2) by adding at the end the following new section:
``SEC. 2796. AUTHORITY TO OFFER PUBLIC ENTITY GROUP HEALTH COVERAGE TO
LOCAL GOVERNMENTS IN A SECONDARY STATE.
``(a) In General.--A local government in a secondary State (as
defined in subsection (h)(7)) may provide group health coverage to its
officers, employees, or retirees (and their dependents) through a local
government employee health benefits pool or program authorized under
the laws of a primary State, subject to the provisions of this section.
``(b) Eligibility for Multistate Activity.--A local government
employee health benefits pool or program shall be eligible to offer
group health coverage to officials, employees, and retirees (and their
dependents) of a local government located in a secondary State through
an interlocal agreement with such local government, or as approved by
an applicable State authority in such secondary State, unless--
``(1) in the case of a pool or program that primarily
serves municipal officers, employees, or retirees (and their
dependents), an objection is made to the offering of such
coverage by the municipal league or association located in the
secondary State within 90 days of the date on which the
authority is granted or an interlocal agreement is executed; or
``(2) in the case of a pool or program that primarily
serves county officers, employees, retirees (and their
dependents), an objection is made to the offering of such
coverage by the county association located in the secondary
State within 90 days of the date on which the authority is
granted or an interlocal agreement is executed.
``(c) Application of Covered Laws of Primary State.--The covered
laws (as defined in subsection (h)(2)) of the primary State shall apply
to group health coverage offered by a local government employee health
benefits pool or program in the primary State and in any secondary
State, but only if the coverage and the pool or program comply with the
conditions of this section with respect to the offering of coverage in
any secondary State.
``(d) Limited Application of Secondary State Laws.--
``(1) In general.--Except as provided in this section, a
local government employee health benefits pool or program that
offers group health coverage in a secondary State to the
officers, employees, or retirees (and their dependents) of a
local government located in such secondary State, is exempt
from any covered laws of the secondary State (and any rules,
regulations, agreements, or orders sought or issued by such
State under or related to such covered laws).
``(2) Secondary state authority.--A secondary State may
require a local government employee health benefits pool or
program to do any or all of the following:
``(A) Registration.--To register with an applicable
State authority in such State with jurisdiction over
local government employee health benefits pools or
programs and designate such authority as its agent
solely for the purpose of receiving service of legal
documents or process.
``(B) Documentation.--To file with an applicable
State authority in such State--
``(i) a written intent to do business in
that State;
``(ii) copies of the membership or
interlocal agreements entered into between the
local government employee health benefits pool
or program and a local government of that
State; and
``(iii) copies of annual audited financial
statements of the local government employee
health benefits pool or program filed with the
primary State.
``(C) Compliance with injunctions.--To comply with
an injunction issued by a court of competent
jurisdiction, upon a petition by an applicable State
authority in such State alleging that the pool or
program is in hazardous financial condition.
``(D) Compliance with state fraud and abuse laws.--
To comply with any State law regarding fraud and abuse,
except that if the State seeks an injunction regarding
the conduct described in this subparagraph, such
injunction must be obtained from a court of competent
jurisdiction.
``(E) Compliance with state unfair claims
settlement practices laws.--To comply with any State
law regarding unfair claims settlement practices.
``(3) Limitations on secondary state authority.--If a local
government employee health benefits pool or program offers
group health insurance coverage to officials, employees, and
retirees (and their dependents) of a local government located
in a secondary State pursuant to subsection (b), such secondary
State may not do any of the following:
``(A) Countersigned by local agent or broker.--
Require any group health coverage issued by the pool or
program to be countersigned by an insurance agent or
broker residing in that secondary State.
``(B) Submit to duplicative financial
examinations.--Require the pool or program to submit to
an examination of its financial condition by an
applicable State authority in such State, unless--
``(i) an applicable State authority of the
primary State has not done an examination
within the period recommended by the National
Association of Insurance Commissioners; and
``(ii) any such examination by the
secondary State is conducted in accordance with
the examiners' handbook of the National
Association of Insurance Commissioners and is
coordinated to avoid unjustified duplication
and unjustified repetition.
``(C) Discriminate against pool or program.--
Otherwise discriminate against the pool or program
issuing group health coverage in both the primary State
and in any secondary State.
``(e) Disclosure Requirement.--Prior to providing group health
coverage to the officers, employees, or retirees (and their dependents)
of a local government located in a secondary State, a local government
employee health benefits pool or program shall provide notice to such
individuals that the health coverage is governed by the covered laws
and regulations of the primary State, as well as by any applicable
Federal laws and regulations.
``(f) Status of Group Health Coverage in Secondary State.--A local
government employee health benefits pool or program that is not
regulated as an insurer in its primary State, and whose group health
plans are not regulated as insurance in its primary State, shall not be
subject to the jurisdiction of a State insurance regulatory agency in
any secondary State.
``(g) Designation of Primary State.--
``(1) Designation of a single state.--A local government
employee health benefits pool or program may only designate one
State as its primary State with respect to all such coverage it
offers under this section.
``(2) Initial operations in primary state.--Such pool or
program may not offer group health coverage in a secondary
State until it is deemed to be doing business in the primary
State.
``(h) Definitions.--In this section:
``(1) Applicable state authority.--The term `applicable
State authority' means, with respect to a local government
employee health benefits pool or program in a State, any
official or officials designated by the State to administer the
requirements of this section for the State with respect to such
pool or program, including the official or officials with
authority to approve interlocal agreements under applicable
State law, but shall not include any State insurance regulatory
agency.
``(2) Covered laws.--
``(A) In general.--The term `covered laws' means
the laws, rules, regulations, agreements, and orders
pertaining to any of the following:
``(i) Group health coverage issued by a
local government employee health benefits pool
or program.
``(ii) The offer, sale, rating (including
medical underwriting), renewal, and issuance of
group health coverage to local government
officials, employees, and retirees or their
dependents.
``(iii) The management, operations, and
investment activities of a local government
employee health benefits pool or program.
``(iv) Loss control and claims
administration for a local government employee
health benefits pool or program with respect to
liability for which the pool or program
provides coverage.
``(v) The payment, on a nondiscriminatory
basis, of applicable premium and other taxes
(including high risk pool assessments) which
are levied on health insurance issuers,
brokers, or policyholders under the laws of the
State.
``(B) Exception.--Such term does not include any
law, rule, regulation, agreement, or order governing
the use of care or cost management techniques,
including any requirement related to provider
contracting, network access or adequacy, health care
data collection, or quality assurance.
``(3) Group health coverage.--The term `group health
coverage' means medical care expense reimbursement provided
under a group health plan.
``(4) Local government.--The term `local government' means
a county, municipality, special district, school district,
junior college district, housing authority, or other political
subdivision or public entity defined under State law.
``(5) Local government employee health benefits pool or
program.--The term `local government employee health benefits
pool or program' means a risk pool authorized or permitted by
State statute or otherwise regulated by a State agency under
which--
``(A) a local government or group of local
governments, directly or through a pool, provide health
care benefits primarily for local government officials,
employees, and retirees and their dependents; and
``(B) such pool may provide health care benefits
from the assets of the pool or its member local
governments through any combination of self-funded
arrangements or fully insured products,
and includes any other State authorized program designed to
provide health benefits to local government officials,
employees, and retirees and their dependents.
``(6) Primary state.--The term `primary State' means, with
respect to group health coverage offered by a local government
employee health benefits pool or program, the State designated
by the pool or program as the State whose covered laws shall
govern the pool or program in the issuance of such coverage
under this part.
``(7) Secondary state.--The term `secondary State' means,
with respect to group health coverage offered by a local
government employee health benefits pool or program, any State
that is not the primary State.''. | Local and Municipal Health Care Choice Act of 2017 This bill amends the Public Health Service Act to authorize a local government in a secondary state to provide group health coverage to its officers, employees, or retirees and their dependents through a local government employee health benefits pool or program authorized under the laws of a primary state unless the municipal league, municipal association, or county association in the secondary state objects. Such pools and programs must do business in the primary state. Such pools and programs are subject to the primary state's laws, rules, regulations, agreements, and orders pertaining to: group health coverage issued by such a pool or program; the offer, sale, rating, renewal, and issuance of group health coverage to local government officials, employees, or retirees and their dependents; the management, operations, and investment activities of such a pool or program; loss control and claims administration for such a pool or program; or payment of taxes levied on health insurance issuers, brokers, or policyholders. Such pools and programs are exempt from these policies of the secondary state. These policies do not include policies governing the use of care or cost management techniques. The policies of the primary state must apply to such pools and programs in both the primary state and secondary state. Secondary states may require such a pool or program to: (1) register with the state, (2) comply with certain court injunctions, or (3) comply with state laws regarding fraud and abuse or unfair claims settlement practices. | {"src": "billsum_train", "title": "Local and Municipal Health Care Choice Act of 2017"} | 2,355 | 317 | 0.624576 | 2.062454 | 0.815778 | 3.728188 | 7.35906 | 0.92953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Investment Act of
2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Supporting human rights is in the national interests of
the United States and is consistent with American values and
beliefs.
(2) Defenders of human rights are changing our world in
many ways, including protecting freedom and dignity, religious
liberty, the rights of women and children, freedom of the
press, the rights of workers, the environment, and the human
rights of all persons.
(3) The United States must match its rhetoric on human
rights with action and with sufficient resources to provide
meaningful support for human rights and for the defenders of
human rights.
(4) Congress passed and the President signed into law the
International Arms Sales Code of Conduct Act of 1999 (Public
Law 106-113; 113 Stat. 1501A-508), which directed the President
to seek negotiations on a binding international agreement to
limit, restrict, or prohibit arms transfers to countries that
do not observe certain fundamental values of human liberty,
peace, and international stability, and provided that such an
international agreement should include a prohibition on arms
sales to countries that engage in gross violations of
internationally recognized human rights.
(5) The arms export end-use monitoring systems currently in
place should be improved and provided with sufficient funds to
accomplish their mission.
SEC. 3. SALARIES AND EXPENSES OF THE BUREAU OF DEMOCRACY, HUMAN RIGHTS,
AND LABOR.
For fiscal year 2001 and each fiscal year thereafter, not less than
1 percent of the amounts made available to the Department of State
under the heading ``Diplomatic and Consular Programs'' shall be made
available only for salaries and expenses of the Bureau of Democracy,
Human Rights, and Labor, including funding of positions at United
States missions abroad that are primarily dedicated to following human
rights developments in foreign countries.
SEC. 4. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Establishment of Fund.--There is established a Human Rights and
Democracy Fund (hereinafter in this section referred to as the
``Fund'') to be administered by the Assistant Secretary for Democracy,
Human Rights and Labor.
(b) Purposes of Fund.--The purposes of the Fund are--
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy,
including the support for nongovernmental organizations in
other countries; and
(5) to carry out such other related activities as are
consistent with paragraphs (1) through (4).
(c) Funding.--Of the amounts made available to carry out chapter 1
and chapter 10 of part I of the Foreign Assistance Act of 1961, title V
of the International Security and Development Cooperation Act of 1980,
and section 401 of the Foreign Assistance Act of 1969 for each of the
fiscal years 2001 and 2002, $32,000,000 for each such fiscal year shall
be made available to the Fund for carrying out the purposes described
in subsection (b).
SEC. 5. MONITORING OF UNITED STATES MILITARY ASSISTANCE AND ARMS
TRANSFERS.
(a) Weapons Monitoring Program.--
(1) Establishment of program.--The Secretary of State shall
establish and implement a program to monitor United States
military assistance and arms transfers.
(2) Responsibility of assistant secretary of state for
democracy, human rights and labor.--The Assistant Secretary of
State for Democracy, Human Rights and Labor shall have primary
responsibility for advising the Secretary of State on the
establishment and implementation of program described in
paragraph (1).
(b) Purposes of Program.--
(1) Primary purposes.--The primary purposes of the program
described in subsection (a) are to ensure to the maximum extent
feasible that United States military assistance and weapons
manufactured in or sold from the United States are not used--
(A) to commit gross violations of human rights; or
(B) in violation of other United States laws
applicable to United States military assistance and
arms transfers that are also related to human rights
and preventing human rights violations.
(2) Other purposes.--The program described in subsection
(a) may be used for the following additional purposes:
(A) To prevent violations of other United States
laws applicable to United States military assistance
and arms transfers.
(B) To prevent fraud and waste by ensuring that tax
dollars are not diverted by foreign governments or
others from activities in the United States national
interest into areas for which the assistance was not
and would not have been provided.
(c) Elements of the Weapons Monitoring Program.--The program
described in subsection (a) shall ensure to the maximum feasible extent
that the United States has the ability--
(1) to determine whether United States military assistance
and arms transfers are used to commit gross violations of human
rights;
(2) to detect other violations of United States law
concerning United States military assistance and arms
transfers, including the diversion of such assistance or the
use of such assistance by security force or police units
credibly implicated in gross human rights violations; and
(3) to determine whether individuals or units that have
received United States military, security, or police training
or have participated or are scheduled to participate in joint
exercises with United States forces have been credibly
implicated in gross human rights violations.
(d) Weapons Monitoring Fund.--
(1) Reservation of funds.--Subject to paragraph (2), for
each fiscal year after fiscal year 2000, one percent of the
amounts appropriated for each fiscal year for United States
military assistance is authorized to be used only to carry out
the purposes of this section.
(2) Exception.--For any fiscal year, if the Secretary of
State certifies in writing to the appropriate congressional
committees that the United States can carry out the purposes of
this section without the full reservation of funds, the
Secretary of State shall designate an amount, which is not less
than one half of one percent of the amounts appropriated for
such fiscal year for United States military assistance, and
such designated amount is authorized to be used to carry out
the purposes of this section.
(3) Additional funds for program.-- Funds collected from
charges under section 21(e) of the Arms Export Control Act (22
U.S.C. 2761(e)) may be transferred to the Department of State
and made available to carry out the purposes of this section.
(e) Reports.--The Secretary of State shall submit to the
appropriate congressional committees the following reports. To the
maximum extent possible, such reports shall be in unclassified form:
(1) Not later than 6 months after the date of the enactment
of this Act, and after due consultation with the appropriate
congressional committees and others, a plan to implement the
provisions of this section.
(2) Not later than one year after the date of the enactment
of this Act, and annually thereafter, a report setting forth
the steps taken to implement this section and relevant
information obtained concerning the use of United States
military assistance and arms transfers.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) United states military assistance.--The term ``United
States military assistance'' means--
(A) assistance under chapter 2 of part II of the
Foreign Assistance Act of 1961 (relating to military
assistance), including the transfer of excess defense
articles under section 516 of that Act;
(B) assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (relating to
international military education and training or
``IMET'');
(C) assistance under chapter 8 of part I of the
Foreign Assistance Act of 1961 (relating to
international narcotics control assistance);
(D) assistance under chapter 8 of part II of the
Foreign Assistance Act of 1961 (relating to
antiterrorism assistance);
(E) assistance under section 2011 of title 10,
United States Code (relating to training with security
forces of friendly foreign countries);
(F) assistance under section 1004 of the National
Defense Authorization Act for Fiscal Year 1991
(relating to additional support for counter-drug activities); and
(G) assistance under section 1033 of the National
Defense Authorization Act for Fiscal Year 1998
(relating to support for counter-drug activities of
Peru and Colombia).
(3) United states military assistance and arms transfers.--
The term ``United States military assistance and arms
transfers'' means--
(A) United States military assistance (as defined
in paragraph (2)); or
(B)(i) the transfer of defense articles, defense
services, or design and construction services under the
Arms Export Control Act, including defense articles or
services licensed under section 38 of such Act; and
(ii) any other assistance under the Arms Export
Control Act.
SEC. 6. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE
RESPECT FOR HUMAN RIGHTS.
(a) Section 116 Report.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(1) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) for each country with respect to which a
determination has been made that extrajudicial killings,
torture, or other serious violations of human rights have
occurred in the country, the extent to which the United States
has taken or will take action to encourage an end to such
practices in the country.''.
(b) Section 502B Report.--Section 502B(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the 4th
sentence the following: ``Such report shall also include, for each
country with respect to which a determination has been made that
extrajudicial killings, torture, or other serious violations of human
rights have occurred in the country, the extent to which the United
States has taken or will take action to encourage an end to such
practices in the country.''.
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS FOR THE NATIONAL ENDOWMENT FOR
DEMOCRACY.
There are authorized to be appropriated for the Department of State
to carry out the National Endowment for Democracy Act, $50,000,000 for
fiscal year 2001, and $50,000,000 for fiscal year 2002. | Establishes a Human Rights and Democracy Fund to be administered by the Assistant Secretary for Democracy, Human Rights and Labor. Sets forth the purposes of the Fund, including to: (1) support defenders of human rights and assist the victims of human rights violations; and (2) promote and encourage the growth of democracy, including the support for nongovernmental organizations in other countries. Authorizes appropriations.
Directs the Secretary of State to establish and implement a program to monitor U.S. military assistance and arms transfers to ensure to maximum extent feasible that U.S. military assistance and weapons manufactured in or sold from the United States are not used: (1) to commit gross violations of human rights; or (2) to violate other U.S. laws applicable to U.S. military assistance and arms transfers that are also related to human rights and preventing human rights violations. Earmarks for each fiscal year after FY2000 a specified percentage of amounts appropriated for each fiscal year for U.S. military assistance to carry out such program.
Amends the Foreign Assistance Act of 1961 to direct the Secretary to report annually to the Speaker of the House of Representatives and a specified congressional committee about: (1) each country in which extrajudicial killings, torture, or other serious violations of human rights have occurred; and (2) the extent to which the United States has taken or will take action to encourage an end to such practices in the country.
Authorizes appropriations for the Department of State to carry out the National Endowment for Democracy Act. | {"src": "billsum_train", "title": "Human Rights Investment Act of 2000"} | 2,313 | 318 | 0.626506 | 2.062098 | 0.805369 | 5.175439 | 7.821053 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School-Based Childhood Immunizations
Program Amendments Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM FOR PROVISION OF CHILDHOOD
IMMUNIZATIONS THROUGH ELEMENTARY SCHOOLS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 308 of Public Law 102-531 (106 Stat.
3495), is amended by inserting after section 317D the following
section:
``school-based program of immunizations for children
``Sec. 317E. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention and after
consultation with the Secretary of Education, may make grants to local
educational agencies for the purpose of providing to children
immunizations for vaccine-preventable diseases.
``(b) Eligible Geographic Areas.--The Secretary may make a grant
under subsection (a) only if the local educational agency involved
administers 1 or more elementary schools located in communities--
``(1) with substantial numbers of cases of vaccine-
preventable diseases; or
``(2) with substantial numbers of children who have not
received the number and variety of immunizations commonly
recommended by medical authorities.
``(c) Certain Program Requirements.--The Secretary may make a grant
under subsection (a) only if the local educational agency involved
makes agreements as follows for the program operated with the grant:
``(1) The principal locations for providing immunizations
will be the premises of schools described in subsection (b).
``(2) To the extent practicable, the individual with the
principal responsibility for carrying out such program for a
participating school will be a registered nurse--
``(A) who is licensed by the State involved to
practice as a nurse; and
``(B)(i) to whom the State has issued a credential
in school nursing; or
``(ii) in the case of a State that does not issue
such credentials, who has other documentation or
experience appropriate for serving as a nurse at an
elementary school.
``(3)(A) Each participating school will, on the premises of
the school, make available to each student, and to each of the
siblings of the student whose age is below the official age of
school entry, the number and variety of vaccines recommended by
the American Academy of Pediatrics.
``(B) To the extent practicable, each participating school
will, on the premises of the school, make available to children
in family child care homes or child care centers the number and
variety of vaccines so recommended.
``(4) To the extent practicable, the immunizations will be
administered only by the school nurse or by other registered
nurses licensed by the State involved.
``(5) A charge will not be imposed for the provision of the
immunizations.
``(6) Each participating school will notify the families of
the students of the school that the school is providing the
immunizations and of the importance of early immunization, and
will answer parental inquiries about immunization.
``(7)(A) In the case of the community in which a
participating school is located and the communities in which
the students of the school reside, the school will, subject to
subparagraphs (B) and (C), carry out in each such community a
program to educate the residents of the community on--
``(i) the availability from the school of
immunizations;
``(ii) the importance of children receiving the
number and variety of immunizations recommended by the
American Academy of Pediatrics;
``(iii) the fact that no significant adverse health
consequences result from administering immunizations to
children during periods in which the children have
common illnesses; and
``(iv) the availability of other health,
educational, or social services from public and
nonprofit entities in the geographic area involved.
``(B) In educating residents for purposes of subparagraph
(A), each participating school will carry out the program of
education for individuals caring for children in child care
homes and child care centers, and will carry out the program
for all parents of newborn infants.
``(C) Such program of education will be coordinated among
each participating school (and such schools will not carry out
duplicative activities in a community) and will be coordinated
with local health departments, hospitals and maternity wards,
birth registries, and community health centers.
``(8) In the case of the purposes for which a grant under
subsection (a) may be expended, the local educational agency
will maintain expenditures of non-Federal amounts for such
purposes at a level that is not less than the level of such
expenditures maintained by the agency for the fiscal year
preceding the first fiscal year for which the agency receives
such a grant.
``(d) Required Prior Arrangements for Programs.--
``(1) Provision by state of supply of vaccines.--The
Secretary may make a grant under subsection (a) to a local
educational agency only if the agency has entered into an
agreement with the State involved under which the State will,
for purposes of the program operated by the agency with the
grant, provide to the agency a supply of vaccines that is
satisfactory to the Secretary in terms of the quantity of
vaccines supplied and the charge imposed for the vaccines.
``(2) Participants in program of public education.--With
respect to the program of education described in subsection
(c)(7), the Secretary may make a grant under subsection (a)
only if the local educational agency involved has entered into
such agreements as may be necessary to ensure that, for
purposes of educating a substantial number of individuals, an
appropriate number and variety of public and private entities
participate in the program and that the activities of the
program are coordinated among such entities.
``(e) Requirement of Application.--The Secretary may make a grant
under subsection (a) only if an application for the grant is submitted
to the Secretary containing the agreements required in this section,
and the application is in such form, is made in such manner, and
contains such other agreements, and such assurances and information, as
the Secretary determines to be necessary to carry out this section.
``(f) Certain Expenditures of Grant.--
``(1) Certain permissible expenditures.--The purposes for
which a grant under subsection (a) may be expended by a local
educational agency include--
``(A) carrying out the program of education
described in subsection (c)(7); and
``(B) recruiting and retaining a school nurse,
without regard to whether the functions of the nurse
will include functions other than the functions of the
program carried out under subsection (a).
``(2) General limitation.--In the case of the costs of
establishing or operating a program under subsection (a), the
Secretary may not authorize a local educational agency
receiving a grant under such subsection to expend more than 15
percent of the grant for such costs that are not directly
related to the provision of immunizations at participating
schools.
``(g) Definitions.--For purposes of this section:
``(1) The term `immunizations' means immunizations against
vaccine-preventable diseases.
``(2) The term `local educational agency' has the meaning
given such term in section 1471 of the Elementary and Secondary
Education Act of 1965.
``(3) The term `participating school' means a school
described in subsection (b) at which an agency is providing
immunizations with a grant under subsection (a).
``(4) The term `school nurse' means a nurse described in
subsection (c)(2).
``(h) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $4,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 and 1996.
``(2) Initial number of grants.--For the first fiscal year
for which amounts are appropriated under paragraph (1), the
Secretary may not make more than 10 grants under subsection
(a).''. | School-Based Childhood Immunizations Program Amendments Act - Amends the Public Health Service Act to authorize grants for immunizations for children. Authorizes the grants only to local educational agencies with elementary schools in communities with substantial cases of vaccine-preventable diseases and substantial numbers of unimmunized children. Mandates community education. Specifies permissible uses of grant funds, including recruiting and retaining a school nurse. Authorizes appropriations. | {"src": "billsum_train", "title": "School-Based Childhood Immunizations Program Amendments Act"} | 1,826 | 103 | 0.537679 | 1.202996 | 1.04502 | 2.246753 | 22.142857 | 0.818182 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Health Care
Fairness and Medicare Equity Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Equalizing urban and rural standardized payment amounts under
the medicare inpatient hospital prospective
payment system.
Sec. 3. Adjustment to wage index.
Sec. 4. Floor on area wage adjustment factors used under medicare PPS
for inpatient and outpatient hospital
services.
Sec. 5. Establishment of alternative guidelines for geographic
reclassification of certain hospitals
located in sparsely populated States.
Sec. 6. Establishment of floor on work geographic adjustment.
SEC. 2. EQUALIZING URBAN AND RURAL STANDARDIZED PAYMENT AMOUNTS UNDER
THE MEDICARE INPATIENT HOSPITAL PROSPECTIVE PAYMENT
SYSTEM.
(a) In General.--Section 1886(d)(3)(A)(iv) of the Social Security
Act (42 U.S.C. 1395ww(d)(3)(A)(iv)) is amended--
(1) by striking ``(iv) For discharges'' and inserting
``(iv)(I) Subject to subclause (II), for discharges''; and
(2) by adding at the end the following new subclause:
``(II) For discharges occurring in a fiscal year beginning
with fiscal year 2004, the Secretary shall compute a
standardized amount for hospitals located in any area within
the United States and within each region equal to the
standardized amount computed for the previous fiscal year under
this subparagraph for hospitals located in a large urban area
(or, beginning with fiscal year 2005, for hospitals located in
any area) increased by the applicable percentage increase under
subsection (b)(3)(B)(i) for the fiscal year involved.''.
(b) Conforming Amendments.--
(1) Computing drg-specific rates.--Section 1886(d)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(d)(3)(D)) is
amended--
(A) in the heading, by striking ``in different
areas'';
(B) in the matter preceding clause (i), by striking
``each of which is'';
(C) in clause (i)--
(i) in the matter preceding subclause (I),
by inserting ``for fiscal years before fiscal
year 2004,'' before ``for hospitals''; and
(ii) in subclause (II), by striking ``and''
after the semicolon at the end;
(D) in clause (ii)--
(i) in the matter preceding subclause (I),
by inserting ``for fiscal years before fiscal
year 2004,'' before ``for hospitals''; and
(ii) in subclause (II), by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following new clause:
``(iii) for a fiscal year beginning after fiscal
year 2003, for hospitals located in all areas, to the
product of--
``(I) the applicable operating standardized
amount (computed under subparagraph (A)),
reduced under subparagraph (B), and adjusted or
reduced under subparagraph (C) for the fiscal
year; and
``(II) the weighting factor (determined
under paragraph (4)(B)) for that diagnosis-
related group.''.
(2) Technical conforming sunset.--Section 1886(d)(3) of the
Social Security Act (42 U.S.C. 1395ww(d)(3)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``, for fiscal years before fiscal year
1997,'' before ``a regional adjusted DRG prospective
payment rate''; and
(B) in subparagraph (D), in the matter preceding
clause (i), by inserting ``, for fiscal years before
fiscal year 1997,'' before ``a regional DRG prospective
payment rate for each region,''.
SEC. 3. ADJUSTMENT TO WAGE INDEX.
(a) In General.--Section 1886(d)(3)(E) of the Social Security Act
(42 U.S.C. 1395ww(d)(3)(E)) is amended--
(1) by striking ``wage levels.--The Secretary'' and
inserting ``wage levels.--
``(i) In general.--Except as provided in clause (ii), the
Secretary''; and
(2) by adding at the end the following new clause:
``(ii) Alternative proportion to be adjusted beginning in
fiscal year 2004.--
``(I) In general.--Except as provided in subclause
(II), for discharges occurring on or after October 1,
2003, the Secretary shall substitute `62 percent' for
the proportion described in the first sentence of
clause (i).
``(II) Hold harmless for certain hospitals.--If the
application of subclause (I) would result in lower
payments to a hospital than would otherwise be made,
then this subparagraph shall be applied as if this
clause had not been enacted.
(b) Waiving Budget Neutrality.--Section 1886(d)(3)(E) of the Social
Security Act (42 U.S.C. 1395ww(d)(3)(E)), as amended by subsection (a),
is amended by adding at the end of clause (i) the following new
sentence: ``The Secretary shall apply the previous sentence for any
period as if the amendments made by section 3(a) of the Rural Health
Care Fairness and Medicare Equity Act of 2003 had not been enacted.''.
SEC. 4. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER MEDICARE PPS
FOR INPATIENT AND OUTPATIENT HOSPITAL SERVICES.
(a) Inpatient PPS.--Section 1886(d)(3)(E) of the Social Security
Act (42 U.S.C. 1395ww(d)(3)(E)), as amended by section 3(a), is
amended--
(1) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(2) by adding at the end the following new clause:
``(iii) Floor on area wage adjustment factor.--
``(I) In general.--Notwithstanding clause
(i), in determining payments under this
subsection for discharges occurring on or after
October 1, 2003, the Secretary shall substitute
a factor of 0.85 for any factor that would
otherwise apply under such clause that is less
than 0.85.
``(II) Applicability.--Nothing in this
clause shall be construed as authorizing the
application of subclause (I) to adjustments for
area wage levels made under other payment
systems established under this title (other
than the payment system under section 1833(t))
to which the factors established under clause
(i) apply.''.
(b) Outpatient PPS.--Section 1833(t)(2) of the Social Security Act
(42 U.S.C. 1395l(t)(2)) is amended by adding at the end the following
new sentence: ``For purposes of subparagraph (D) for items and services
furnished on or after October 1, 2003, if the factors established under
clause (i) of section 1886(d)(3)(E) are used to adjust for relative
differences in labor and labor-related costs under the payment system
established under this subsection, the provisions of clause (iii) of
such section (relating to a floor on area wage adjustment factor) shall
apply to such factors, as used in this subsection, in the same manner
and to the same extent (including waiving the applicability of the
requirement for such floor to be applied in a budget neutral manner) as
they apply to factors under section 1886.''.
(c) Waiving Budget Neutrality.--The last sentence of section
1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)),
as added by section 3(b), is amended by striking ``section 3(a)'' and
inserting ``sections 3(a) and 4(a)''.
SEC. 5. ESTABLISHMENT OF ALTERNATIVE GUIDELINES FOR GEOGRAPHIC
RECLASSIFICATION OF CERTAIN HOSPITALS LOCATED IN SPARSELY
POPULATED STATES.
(a) Alternative Guidelines for Reclassification.--Notwithstanding
the guidelines published under section 1886(d)(10)(D)(i)(I) of the
Social Security Act (42 U.S.C. 1395ww(d)(10)(D)(i)(I)), the Secretary
of Health and Human Services shall publish and use alternative
guidelines under which--
(1) a hospital or a group of hospitals described in
subsection (b) qualifies for geographic reclassification under
such section for a fiscal year beginning with fiscal year 2005
for the purposes of using the other area's standardized amount
for inpatient operating costs, wage index value, or both, or,
in the case of a group of hospitals, for the purposes of using
both the other area's standardized amount for inpatient
operating costs and wage index value; and
(2) a hospital or group of hospitals seeking to be
reclassified is required to demonstrate that the hospital meets
the criteria to be reclassified to the area to which such
hospital seeks to be reclassified, except that, in the case of
an individual hospital, the hospital does not meet the
proximity criteria applicable with respect to such area, or, in
the case of a group of hospitals, the group does not meet the
adjacency criteria applicable with respect to such area.
(b) Hospitals Covered.--A hospital or a group of hospitals
described in this subsection is a hospital or group of hospitals that--
(1) is located in a State with less than 20 people per
square mile (as determined by the Secretary); and
(2) seeks to be reclassified to an area within the State in
which such hospital or group is located.
SEC. 6. ESTABLISHMENT OF FLOOR ON WORK GEOGRAPHIC ADJUSTMENT.
Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Floor at 1.0 on work geographic indices.--
After calculating the work geographic indices in
subparagraph (A)(iii), for purposes of payment for
services furnished on or after January 1, 2004, the
Secretary shall increase the work geographic index to
1.00 for any locality for which such geographic index
is less than 1.00.''. | Rural Health Care Fairness and Medicare Equity Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services, for discharges occurring in a fiscal year beginning with FY 2004, to compute a standardized amount for hospitals in rural and small urban areas that is equal to the standardized amount computed for the previous fiscal year for hospitals located in a large urban area increased by the applicable percentage increase for the fiscal year involved.Sets the wage index at 62 percent for discharges occurring in FY 2004, except that hospitals receiving lower payments as a result of such new wage index would be held harmless.Creates a wage index floor for use in determining payments for discharges occurring in FY 2004 for hospitals with a wage index under 0.85.Directs the Secretary to publish and use alternative guidelines for geographic reclassification of certain hospitals located in sparsely populated States.Establishes a floor of 1.00 for the work geographic cost-of-practice index under the physician payment system. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for national standardized payment amounts for inpatient hospital services furnished under the medicare program and to make other rural health care improvements."} | 2,544 | 234 | 0.608377 | 1.652132 | 0.845073 | 3.39267 | 10.628272 | 0.910995 |
SECTION 1. JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS.
(a) The Omnibus Crime Control and Safe Streets Act of 1968, is
amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
``PART Q--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS
``SEC. 1701. GRANT AUTHORIZATION.
``(a) In General.--The Director is authorized to make grants to
States and units of local government or combinations thereof to assist
them in planning, establishing, operating, coordinating, and evaluating
projects directly or through grants and contracts with public and
private agencies for the development of more effective programs,
including education, prevention, treatment and enforcement programs to
reduce--
``(1) the formation or continuation of juvenile gangs; and
``(2) the use and sale of illegal drugs by juveniles.
``(b) Uses of Funds.--The grants made under this section may be
used for any of the following specific purposes:
``(1) to reduce the participation of juveniles in drug
related crimes (including drug trafficking and drug use),
particularly in and around elementary and secondary schools;
``(2) to reduce juvenile involvement in organized crime,
drug and gang-related activity, particularly activities that
involve the distribution of drugs by or to juveniles;
``(3) to develop new and innovative means to address the
problems of juveniles convicted of serious, drug-related and
gang-related offenses;
``(4) to reduce juvenile drug and gang-related activity in
public housing projects;
``(5) to provide technical assistance and training to
personnel and agencies responsible for the adjudicatory and
corrections components of the juvenile justice system to
identify drug-dependent or gang-involved juvenile offenders and
to provide appropriate counseling and treatment to such
offenders;
``(6) to promote the involvement of all juveniles in lawful
activities, including--
``(A) school programs that teach that drug and gang
involvement are wrong; and
``(B) programs such as youth sports and other
activities, including girls and boys clubs, scout
troops, and little leagues;
``(7) to facilitate Federal and State cooperation with
local school officials to develop education, prevention and
treatment programs for juveniles who are likely to participate
in drug trafficking, drug use or gang-related activities;
``(8) to provide pre- and post-trial drug abuse treatment
to juveniles in the juvenile justice system; with the highest
possible priority to providing drug abuse treatment to drug-
dependent pregnant juveniles and drug-dependent juvenile
mothers;
``(9) to provide education and treatment programs for youth
exposed to severe violence in their homes, schools, or
neighborhoods;
``(10) to establish sports mentoring and coaching programs
in which athletes serve as role models for youth to teach that
athletics provide a positive alternative to drug and gang
involvement;
``(11) to develop new programs that specifically address
the unique crime, drug, and alcohol-related challenges faced by
juveniles living at or near International Ports of Entry and in
other international border communities, including rural
localities;
``(12) to identify promising new juvenile drug demand
reduction and enforcement programs, to replicate and
demonstrate these programs to serve as national, regional or
local models that could be used, in whole or in part, by other
public and private juvenile justice programs, and to provide
technical assistance and training to public or private
organizations to implement similar programs; and
``(13) to coordinate violence, gang, and juvenile drug
prevention programs with other existing Federal programs that
serve community youth to better address the comprehensive needs
of such youth.
``(c) Federal Share.--(1) The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the projects
described in applications submitted under this section for the fiscal
year for which the projects receive assistance under this part.
``(2) The Director may waive the 25 percent matching requirement
under paragraph (1), upon making a determination that such waiver is
equitable due to the financial circumstances affecting the ability of
the applicant to meet such requirements.
``SEC. 1702. APPLICATIONS.
``A State or unit of local government applying for grants under
this part shall submit an application to the Director in such form and
containing such information as the Director shall reasonably
require.''.
(b) Conforming Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), is amended by striking the matter relating to part Q and
inserting the following:
``Part Q--Juvenile Drug Trafficking and Gang Prevention Grants
``Sec. 1701. Grant authorization.
``Sec. 1702. Applications.
``Part R--Transition--Effective Date--Repealer
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after
paragraph (10) the following:
``(11) There are authorized to be appropriated $100,000,000 for
each of the fiscal years 1994 and 1995 to carry out the projects under
part Q.''.
Passed the House of Representatives November 3, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to assist States and local governments in planning, operating, coordinating, and evaluating projects for the development of more effective programs, including education, prevention, treatment, and enforcement programs, to reduce: (1) the formation or continuation of juvenile gangs; and (2) the use and sale of illegal drugs by juveniles.
Specifies the uses of such grants, including: (1) reducing juvenile participation in drug-related crimes (particularly in and around elementary and secondary schools) and juvenile involvement in organized crime, drug- and gang-related activity (particularly activities that involve the distribution of drugs by or to juveniles and such activity in public housing projects); (2) developing new and innovative means to address the problems of juveniles convicted of serious, drug- and gang-related offenses; (3) promoting the involvement of all juveniles in lawful activities; (4) providing pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system and education and treatment programs for youth exposed to severe violence in their homes, schools, or neighborhoods; (5) identifying promising new juvenile drug demand reduction and enforcement programs, replicating and demonstrating such programs to serve as national, regional, or local models, and providing technical assistance and training to public or private organizations to implement similar programs; and (6) coordinating violence, gang, and juvenile drug prevention programs with other existing Federal programs that serve community youth.
Sets forth: (1) application requirements; and (2) Federal share requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to develop more effective programs to reduce juvenile gang participation and juvenile drug trafficking."} | 1,228 | 338 | 0.759518 | 2.068331 | 0.956098 | 5.427692 | 3.609231 | 0.947692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Testing Fairness
Act''.
SEC. 2. NEW DRUG CLINICAL INVESTIGATIONS.
Section 505(b) of the Federal Food, Drug, and Cosmetic Act is
amended by adding at the end the following:
``(4)(A) Clinical investigations submitted as part of an
application in accordance with paragraph (1)(A) shall include women and
members of minority groups as subjects of such investigations unless
the inclusion of women and minority groups is inappropriate with
respect to the drug under investigation or is otherwise inappropriate
under such guidelines as the Secretary shall by rule establish in
accordance with subparagraph (B).
``(B) The guidelines of the Secretary respecting the inclusion of
women and members of minority groups in clinical investigations--
``(i) shall provide that the costs of such inclusion is not
a permissible consideration in determining whether such
inclusion is inappropriate,
``(ii) shall provide that women or minority groups are not
required to be included if women or minority groups will not be
using the drug under investigation, and
``(iii) may provide that such inclusion is not required if
there is substantial scientific data demonstrating that there
is no significant difference between the effects that the
variables to be studied in the investigation have on women or
members of minority groups, respectively, and on the other
individuals who would serve as subjects in the investigation in
the event that the inclusion of women and members of minority
groups was not required.
``(C) Phase three clinical investigations which are submitted as
part of an application in accordance with paragraph (1)(A) shall be
designed so that there is a valid analysis of whether the drug under
investigation affects women or members of minority groups differently
than other users of the drug. If the Secretary determines that it would
be appropriate for other phases of such investigations to be so
designed, such other phases shall be so designed.''.
SEC. 3. DEVICE CLINICAL INVESTIGATIONS.
Section 515(c) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360e(c)) is amended by adding at the end the following:
``(3)(A) Clinical investigations submitted as part of an
application in accordance with paragraph (1) shall include women and
members of minority groups as subjects of such investigations unless
the inclusion of women and minority groups is inappropriate with
respect to the device under investigation or is otherwise inappropriate
under such guidelines as the Secretary shall by rule establish in
accordance with subparagraph (B).
``(B) The guidelines of the Secretary respecting the inclusion of
women and members of minority groups in clinical investigations--
``(i) shall provide that the costs of such inclusion is not
a permissible consideration in determining whether such
inclusion is inappropriate,
``(ii) shall provide that women or minority groups are not
required to be included if women or minority groups will not be
using the device under investigation, and
``(iii) may provide that such inclusion is not required if
there is substantial scientific data demonstrating that there
is no significant difference between the effects that the
variables to be studied in the investigation have on women or
members of minority groups, respectively, and on the other
individuals who would serve as subjects in the investigation in
the event that the inclusion of women and members of minority
groups was not required.
``(C)(i) Clinical investigations designated by the Secretary under
clause (ii) which are submitted as part of an application in accordance
with paragraph (1) shall be designed so that there is a valid analysis
of whether the device under investigation affects women or members of
minority groups differently than other users of the device.
``(ii) The Secretary shall designate which of the clinical
investigations submitted as part of an application under paragraph (1)
shall be subject to the requirement of clause (i).''.
SEC. 5. BIOLOGICAL PRODUCTS CLINICAL INVESTIGATIONS.
Section 351(c) of the Public Health Service Act (42 U.S.C. 262(c))
is amended by adding at the end the following:
``(3)(A) Clinical investigations submitted as part of an
application in accordance with paragraph (1) shall include women and
members of minority groups as subjects of such investigations unless
the inclusion of women and minority groups is inappropriate with
respect to the biological product under investigation or is otherwise
inappropriate under such guidelines as the Secretary shall by rule
establish in accordance with subparagraph (B).
``(B) The guidelines of the Secretary respecting the inclusion of
women and members of minority groups in clinical investigations--
``(i) shall provide that the costs of such inclusion is not
a permissible consideration in determining whether such
inclusion is inappropriate,
``(ii) shall provide that women or minority groups are not
required to be included if women or minority groups will not be
using the biological product under investigation, and
``(iii) may provide that such inclusion is not required if
there is substantial scientific data demonstrating that there
is no significant difference between the effects that the
variables to be studied in the investigation have on women or
members of minority groups, respectively, and on the other
individuals who would serve as subjects in the investigation in
the event that the inclusion of women and members of minority
groups was not required.
``(C)(i) Clinical investigations designated by the Secretary under
clause (ii) which are submitted as part of an application in accordance
with paragraph (1) shall be designed so that there is a valid analysis
of whether the device under investigation affects women or members of
minority groups differently than other users of the device.
``(ii) The Secretary shall designate which of the clinical
investigations submitted as part of an application under paragraph (1)
shall be subject to the requirement of clause (i).''. | Pharmaceutical Testing Fairness Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require the inclusion of women and minorities in clinical investigations of new drugs, biological products, and medical devices. | {"src": "billsum_train", "title": "Pharmaceutical Testing Fairness Act"} | 1,247 | 49 | 0.471539 | 1.121655 | 0.417724 | 3.72093 | 28.255814 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivor Outreach and Support Campus
Act'' or the ``SOS Campus Act''.
SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND
RESPONSE.
(a) Establishment.--Part G of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section
485E the following new section:
``SEC. 485F. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION
AND RESPONSE.
``(a) Designation.--Each eligible institution participating in any
program under this title shall designate an independent advocate for
campus sexual assault prevention and response (in this section referred
to as the `Advocate') who shall be appointed based on certifications,
experience, and a demonstrated ability of the individual to effectively
provide sexual assault victim services.
``(b) Notification of Existence of and Information for the
Advocate.--Each employee of an eligible institution who receives a
report of sexual assault shall notify the victim of the existence of,
contact information for, and services provided by the Advocate of the
institution.
``(c) Advocate Oversight.--Each Advocate shall--
``(1) report to an individual outside the body responsible
for investigating and adjudicating sexual assault complaints at
the institution;
``(2) submit to such individual an annual report
summarizing how the resources supplied to the Advocate were
used, including the number of male and female sexual assault
victims assisted; and
``(3) be appointed in such manner as the Secretary
determines is appropriate.
``(d) Role.--
``(1) In general.--In carrying out the responsibilities
described in this section, the Advocate shall represent the
interests of the student victim without regard to whether such
interests are in conflict with the interests of the institution
designating such Advocate.
``(2) Prohibition on retaliation.--No institution of higher
education designating an Advocate in accordance with this
section may discipline, penalize, or otherwise retaliate
against such Advocate for representing the interests of a
student victim, without regard to whether such interests are in
conflict with the interests of such institution.
``(e) Responsibilities.--
``(1) Services available at all times.--Each Advocate shall
ensure that victims of sexual assault at the institution are
able to receive, at the election of the victim and at any time
of day, each day of the week--
``(A) information on how to report a campus sexual
assault to law enforcement;
``(B) emergency medical care, including follow up
medical care as requested; and
``(C) medical forensic or evidentiary examinations.
``(2) Other services.--Each Advocate shall ensure that
victims of sexual assault at the institution are able to
receive, at the election of the victim--
``(A) crisis intervention counseling and ongoing
counseling;
``(B) information on the victim's rights and
referrals to additional support services; and
``(C) information on legal services.
``(3) Guidance.--Each Advocate shall guide victims of
sexual assault who request assistance through the reporting,
counseling, administrative, medical and health, academic
accommodations, or legal processes of the institution
designating such Advocate or local law enforcement.
``(4) Attendance at adjudications.--At the request of the
victim of sexual assault, each Advocate shall attend any
administrative or institution-based adjudication proceeding
related to such assault as an advocate for the victim.
``(5) Privacy and confidentiality.--Each Advocate shall
maintain the privacy and confidentiality of the victim of, and
any witness to, such sexual assault and shall not notify the
institution designating such Advocate or any other person of
the identity of the victim or any such witness or the alleged
circumstances surrounding the reported sexual assault except--
``(A) as otherwise required by the applicable laws
in the State where such institution is located;
``(B) with respect to the identity of the victim,
with the consent of the victim; or
``(C) with respect to the identity of such witness,
with the consent of such witness.
``(6) Public information campaign.--Each Advocate shall
conduct a public information campaign to inform the students
enrolled at the institution designating such Advocate of the
existence of, contact information for, and services provided by
the Advocate, including--
``(A) posting information--
``(i) on the website of such institution;
``(ii) in student orientation materials;
and
``(iii) on posters displayed in
dormitories, cafeterias, sports arenas, locker
rooms, entertainment facilities, and
classrooms; and
``(B) training coaches, faculty, school
administrators, resident advisors, and other staff to
provide information on the existence of, contact
information for, and services provided by the Advocate.
``(f) Availability of Services.--The services described in
paragraphs (1) and (2) of subsection (e) shall be provided--
``(1) pursuant to a memorandum of understanding (that
includes transportation services), at a rape crisis center,
legal organization, or other community-based organization
located within a reasonable distance from an institution; or
``(2) on the campus of an institution in consultation with
a rape crisis center, legal organization, or other community-
based organization.
``(g) Prohibition on Retaliation Towards Victims.--A victim of
sexual assault may not be disciplined, penalized, or otherwise
retaliated against for reporting such assault to the Advocate.
``(h) No Effect on Clery Act and Title IX.--Nothing in this section
shall alter or amend the rights, duties, and responsibilities under
section 485(f) or title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal
Opportunity in Education Act).
``(i) Sexual Assault Defined.--In this section, the term `sexual
assault' means penetration, no matter how slight, of the vagina or anus
with any body part or object, or oral penetration by a sex organ of
another person, without the consent of the victim, including when the
victim is incapable of giving consent.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Education shall issue
regulations to carry out section 485F of the Higher Education Act of
1965, as added by subsection (a) of this section. | Survivor Outreach and Support Campus Act or the SOS Campus Act Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in any program under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, (3) represent the interests of each student victim without regard to whether they conflict with the IHE's interests, and (4) be appointed in such manner as the Secretary of Education deems appropriate. Directs each Advocate to: ensure that sexual assault victims at the IHE are able to receive, at their election, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault and to not notify the IHE or any other person of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault except as otherwise required by state law or, with respect to the identity of the victim or witness, with the consent of such victim or witness; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate. Prohibits IHEs from retaliating against: (1) Advocates for representing the interests of a student victims, or (2) student victims for reporting sexual assaults to Advocates. | {"src": "billsum_train", "title": "SOS Campus Act"} | 1,498 | 417 | 0.728564 | 2.14211 | 0.940827 | 4.657895 | 3.55 | 0.926316 |
SECTION 1. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS.
(a) Tax Exemption.--Section 501(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(28) A trust which--
``(A) constitutes a Settlement Trust under section
39 of the Alaska Native Claims Settlement Act (43
U.S.C. 1629e), and
``(B) with respect to which an election under
subsection (p)(2) is in effect.''
(b) Special Rules Relating to Taxation of Alaska Native Settlement
Trusts.--Section 501 of the Internal Revenue Code of 1986 is amended by
redesignating subsection (p) as subsection (q) and by inserting after
subsection (o) the following new subsection:
``(p) Special Rules for Taxation of Alaska Native Settlement
Trusts.--
``(1) In general.--For purposes of this title, the
following rules shall apply in the case of a Settlement Trust:
``(A) Electing trust.--If an election under
paragraph (2) is in effect for any taxable year--
``(i) no amount shall be includible in the
gross income of a beneficiary of the Settlement
Trust by reason of a contribution to the
Settlement Trust made during such taxable year,
and
``(ii) except as provided in this
subsection, the provisions of subchapter J and
section 1(e) shall not apply to the Settlement
Trust and its beneficiaries for such taxable
year.
``(B) Nonelecting trust.--If an election is not in
effect under paragraph (2) for any taxable year, the
provisions of subchapter J and section 1(e) shall apply
to the Settlement Trust and its beneficiaries for such
taxable year.
``(2) One-time election.--
``(A) In general.--A Settlement Trust may elect to
have the provisions of this subsection and subsection
(c)(28) apply to the trust and its beneficiaries.
``(B) Time and method of election.--An election
under subparagraph (A) shall be made--
``(i) before the due date (including
extensions) for filing the Settlement Trust's
return of tax for the 1st taxable year of the
Settlement Trust ending after the date of the
enactment of this subsection, and
``(ii) by attaching to such return of tax a
statement specifically providing for such
election.
``(C) Period election in effect.--Except as
provided in paragraph (3), an election under
subparagraph (A)--
``(i) shall apply to the 1st taxable year
described in subparagraph (B)(i) and all
subsequent taxable years, and
``(ii) may not be revoked once it is made.
``(3) Special rules where transfer restrictions modified.--
``(A) Transfer of beneficial interests.--If, at any
time, a beneficial interest in a Settlement Trust may
be disposed of in a manner which would not be permitted
by section 7(h) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1606(h)) if the interest were Settlement
Common Stock--
``(i) no election may be made under
paragraph (2)(A) with respect to such trust,
and
``(ii) if an election under paragraph
(2)(A) is in effect as of such time--
``(I) such election is revoked as
of the 1st day of the taxable year
following the taxable year in which
such disposition is first permitted,
and
``(II) there is hereby imposed on
such trust a tax equal to the product
of the fair market value of the assets
held by the trust as of the close of
the taxable year in which such
disposition is first permitted and the
highest rate of tax under section 1(e)
for such taxable year.
The tax imposed by clause (ii)(II) shall be in lieu of
any other tax imposed by this chapter for the taxable
year.
``(B) Stock in corporation.--If--
``(i) the Settlement Common Stock in any
Native Corporation which transferred assets to
a Settlement Trust making an election under
paragraph (2)(A) may be disposed of in a manner
not permitted by section 7(h) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1606(h)), and
``(ii) at any time after such disposition
of stock is first permitted, such corporation
transfers assets to such trust,
clause (ii) of subparagraph (A) shall be applied to
such trust on and after the date of the transfer in the
same manner as if the trust permitted dispositions of
beneficial interests in the trust in a manner not
permitted by such section 7(h).
``(C) Administrative provisions.--For purposes of
subtitle F, any tax imposed by subparagraph (A)(ii)(II)
shall be treated as an excise tax with respect to which
the deficiency procedures of such subtitle apply.
``(4) Distribution requirement on electing settlement
trust.--
``(A) In general.--If an election is in effect
under paragraph (2) for any taxable year, a Settlement
Trust shall distribute at least 55 percent of its
adjusted taxable income for such taxable year.
``(B) Tax imposed if insufficient distribution.--If
a Settlement Trust fails to meet the distribution
requirement of subparagraph (A) for any taxable year,
then, notwithstanding subsection (c)(28), a tax shall
be imposed on the trust under section 1(e) on an amount
of taxable income equal to the amount of such failure.
``(C) Designation of distribution.--Solely for
purposes of meeting the requirements of this paragraph,
a Settlement Trust may elect to treat any distribution
(or portion) during the 65-day period following the
close of any taxable year as made on the last day of
such taxable year. Any such distribution (or portion)
may not be taken into account under this paragraph for
any other taxable year.
``(D) Adjusted taxable income.--For purposes of
this paragraph, the term `adjusted taxable income'
means taxable income determined under section 641(b)
without regard to any deduction under section 651 or
661.
``(5) Tax treatment of distributions to beneficiaries.--
``(A) Electing trust.--If an election is in effect
under paragraph (2) for any taxable year, any
distribution to a beneficiary shall be included in
gross income of the beneficiary as ordinary income.
``(B) Nonelecting trusts.--Any distribution to a
beneficiary from a Settlement Trust not described in
subparagraph (A) shall be includible in income as provided under
subchapter J.
``(6) Definitions.--For purposes of this subsection--
``(A) Native corporation.--The term `Native
Corporation' has the meaning given such term by section
3(m) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)).
``(B) Settlement trust.--The term `Settlement
Trust' means a trust which constitutes a Settlement
Trust under section 39 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1629e).''
(c) Withholding on Distributions by Electing ANCSA Settlement
Trusts.--Section 3402 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(t) Tax Withholding on Distributions by Electing ANCSA Settlement
Trusts.--
``(1) In general.--Any Settlement Trust (as defined in
section 501(p)(6)(B)) which is exempt from income tax under
section 501(c)(28) (in this subsection referred to as an
`electing trust') and which makes a payment to any beneficiary
shall deduct and withhold from such payment a tax in an amount
equal to such payment's proportionate share of the annualized
tax.
``(2) Exception.--The tax imposed by paragraph (1) shall
not apply to any payment to the extent that such payment, when
annualized, does not exceed an amount equal to the amount in
effect under section 6012(a)(1)(A)(i) for taxable years
beginning in the calendar year in which the payment is made.
``(3) Annualized tax.--For purposes of paragraph (1), the
term `annualized tax' means, with respect to any payment, the
amount of tax which would be imposed by section 1(c)
(determined without regard to any rate of tax in excess of 31
percent) on an amount of taxable income equal to the excess
of--
``(A) the annualized amount of such payment, over
``(B) the amount determined under paragraph (2).
``(4) Annualization.--For purposes of this subsection,
amounts shall be annualized in the manner prescribed by the
Secretary.
``(5) No application to third party payments.--This
subsection shall not apply in the case of a payment made,
pursuant to the written terms of the trust agreement governing
an electing trust, directly to third parties to provide
educational, funeral, or medical benefits.
``(6) Alternate withholding procedures.--At the election of
an electing trust, the tax imposed by this subsection on any
payment made by such trust shall be determined in accordance
with such tables or computational procedures as may be
specified in regulations prescribed by the Secretary (in lieu
of in accordance with paragraphs (2) and (3)).
``(7) Coordination with other sections.--For purposes of
this chapter and so much of subtitle F as relates to this
chapter, payments which are subject to withholding under this
subsection shall be treated as if they were wages paid by an
employer to an employee.''
(d) Reporting.--Section 6041 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Application to Alaska Native Settlement Trusts.--In the case
of any distribution from a Settlement Trust (as defined in section
501(p)(6)(B)) to a beneficiary, this section shall apply, except that--
``(1) this section shall apply to such distribution without
regard to the amount thereof,
``(2) the Settlement Trust shall include on any return or
statement required by this section information as to the
character of such distribution (if applicable) and the amount
of tax imposed by chapter 1 which has been deducted and
withheld from such distribution, and
``(3) the filing of any return or statement required by
this section shall satisfy any requirement to file any other
form or schedule under this title with respect to distributive
share information (including any form or schedule to be
included with the trust's tax return).''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years of Settlement Trusts ending after the date of
the enactment of this Act and to contributions to such trusts after
such date. | Amends the Internal Revenue Code with respect to the tax treatment of Settlement Trusts established under the Alaska Native Claims Settlement Act.
Exempts from income taxation any such Settlement Trust electing coverage by this Act. Declares that for an electing trust: (1) no amount shall be includible in the gross income of a Settlement Trust beneficiary by reason of a contribution to the Settlement Trust during such taxable year; and (2) the ordinary requirements for taxation of trusts and beneficiaries shall not apply.
Requires an electing trust to distribute at least 55 percent of its adjusted taxable income each taxable year. Imposes a tax on a trust, in the amount of the failure, if the distribution is insufficient.
Includes in the beneficiary's gross income, as ordinary income, any distribution from an electing trust (only when the actual distribution is received). Provides that distributions from the trust will be taxable as ordinary income even if the distribution represents a return of capital. Requires tax withholding on trust distributions over a certain amount. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the tax treatment of Settlement Trusts established pursuant to the Alaska Native Claims Settlement Act"} | 2,479 | 231 | 0.657897 | 1.911657 | 0.820266 | 2.467337 | 11.045226 | 0.879397 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rental Fairness
Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. General fairness and responsibility rule.
Sec. 5. Preservation of State law.
Sec. 6. Preservation of liability based on negligence.
Sec. 7. Applicability and effective date.
SEC. 2. FINDINGS AND PURPOSES.
The Congress finds that--
(1) The vast majority of State statutes and common law
follow the generally accepted principle of law that a party
should be held liable only for harm that the party could guard
against.
(2) A small number of State common laws and statutes still
do not recognize this accepted principle of law, and continue
to subject companies that rent or lease motor vehicles to
vicarious liability for the negligence of their rental
customers in operating the motor vehicle simply because of the
company's ownership, even where the rental company has not been
negligent in any way and the motor vehicle operated properly.
(3) An even smaller minority of State laws impose unlimited
liability on the companies for the tortious acts of their
customers, without regard to fault.
(4) These small number of vicarious liability laws pose a
significant competitive barrier to entry for smaller companies
attempting to compete in these markets, in contravention of the
fundamental legal principle of fairness prohibiting liability
without fault.
(5) Furthermore, because rented or leased motor vehicles
are frequently driven across State lines, these small number of
vicarious liability laws impose a disproportionate and undue
burden on interstate commerce by increasing rental rates for
all customers across the nation.
(6) Due to high liability costs and unwarranted litigation
costs, consumers face higher vehicle rental costs in all States
because of the increased insurance expenses required to provide
coverage in the interstate insurance and rental markets.
(7) Rental fairness will lessen burdens on interstate
commerce and decrease litigiousness.
(8) Legislation to address these concerns is an appropriate
exercise of the powers of Congress under clauses 3, 9, and 18
of section 8 of article I of the Constitution of the United
States, and the 14th amendment to the Constitution of the
United States.
SEC. 3. DEFINITIONS.
For the purpose of this Act--
(1) Harm.--The term ``harm'' means--
(A) any injury to or damage suffered by a person;
(B) any illness, disease, or death of that person
resulting from that injury or damage; and
(C) any loss to that person or any other person
resulting from that injury or damage.
(2) Motor Vehicle.--The term ``motor vehicle'' shall have
the meaning given to this term under section 13102(14) of title
49, United States Code.
(3) Owner.--The term ``owner'' means a person who is--
(A) a record or beneficial owner or lessee of a
motor vehicle;
(B) entitled to the use and possession of a motor
vehicle subject to a security interest in another
person; or
(C) a lessee or bailee of a motor vehicle, in the
trade or business of renting or leasing motor vehicles,
having the use or possession thereof, under a lease,
bailment, or otherwise.
(4) Person.--The term ``person'' means any individual,
corporation, company, limited liability company, trust,
association, firm, partnership, society, joint stock company,
or any other entity (including any governmental entity).
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
commonwealth, territory, or possession.
SEC. 4. GENERAL FAIRNESS AND RESPONSIBILITY RULE.
(a) In General.--No owner engaged in the trade or business of
renting or leasing motor vehicles may be held liable for harm caused by
a person to himself or herself, to another person, or to property,
which results or arises from that person's use, operation, or
possession of a rented or leased motor vehicle, by reason of being the
owner of such motor vehicle, except to the extent of any required
financial responsibility statute.
(b) Construction.--Subsection (a) shall not apply if such owner
does not maintain the required limits of financial responsibility for
such vehicle, as required by State law.
SEC. 5. PRESERVATION OF STATE LAW.
(a) State Financial Responsibility Requirements.--Nothing in this
Act shall relieve any owner engaged in the trade or business of renting
or leasing motor vehicles from the obligation to comply with a State's
minimum financial responsibility, motor vehicle, or insurance statutes
or regulations imposed by that State for the privilege of registering
and operating a motor vehicle within that State.
(b) Priority of Payments.--Nothing in this Act shall preempt any
State law regarding priority of payment requirements or whether
coverages provided under such statutes or regulations are primary or
secondary.
SEC. 6. PRESERVATION OF LIABILITY BASED ON NEGLIGENCE.
Nothing in this Act shall preempt the ability of the States to
impose liability based on acts of negligence or criminal wrongdoing.
SEC. 7. APPLICABILITY AND EFFECTIVE DATE.
Notwithstanding any other provision of law, this Act shall apply
with respect to any action commenced on or after the date of enactment
of this Act without regard to whether the harm that is the subject of
the action or the conduct that caused the harm occurred before such
date of enactment. | Declares that nothing in this Act preempts a State's ability to impose liability based on acts of negligence or criminal wrongdoing. | {"src": "billsum_train", "title": "Rental Fairness Act of 2000"} | 1,298 | 35 | 0.358627 | 0.946401 | 0.092529 | 6.478261 | 52.391304 | 0.913043 |
SECTION 1. TRANSFER OF NEBRASKA AVENUE NAVAL COMPLEX, DISTRICT OF
COLUMBIA.
(a) Transfer Required.--Except as provided in subsection (b), the
Secretary of the Navy shall transfer the parcel of Department of the
Navy real property in the District of Columbia known as the Nebraska
Avenue Complex to the jurisdiction, custody, and control of the
Administrator of General Services for the purpose of permitting the
Administrator to use the Complex to accommodate the Department of
Homeland Security. The Complex shall be transferred in its existing
condition.
(b) Authority to Retain Military Family Housing.--At the option of
the Secretary of the Navy, the Secretary may retain jurisdiction,
custody, and control over that portion of the Complex that, as of the
date of the enactment of this Act, is being used to provide Navy family
housing.
(c) Time for Transfer and Relocation of Navy Activities.--Not later
than nine months after the date of the enactment of this Act, the
Secretary of the Navy shall--
(1) complete the transfer of the Complex to the Administrator
of General Services under subsection (a); and
(2) relocate Department of the Navy activities at the Complex
to other locations.
(d) Payment of Initial Relocation Costs.--
(1) Payment responsibility.--Subject to the availability of
appropriations for this purpose, the Secretary of the Department of
Homeland Security shall be responsible for the payment of--
(A) all reasonable costs, including costs to move
furnishings and equipment, related to the initial relocation of
Department of the Navy activities from the Nebraska Avenue
Complex; and
(B) all reasonable costs incident to the initial occupancy
by such activities of interim leased space, including rental
costs for the first year.
(2) Authorization of appropriations.--For purposes of carrying
out paragraph (1), there is authorized to be appropriated to the
Department of Homeland Security such sums as may be necessary for
fiscal years 2005 through 2007.
(e) Payment of Long-Term Relocation Costs.--
(1) Sense of congress regarding payment.--It is the sense of
the Congress that the Secretary of the Navy should receive, from
Federal agencies other than the Department of Defense, funds
authorized and appropriated for the purpose of covering all
reasonable costs, not paid under subsection (d), that are incurred
or will be incurred by the Secretary to permanently relocate
Department of the Navy activities from the Complex under subsection
(c)(2).
(2) Submission of cost estimates.--As soon as practicable after
the date of the enactment of this Act, the Secretary of the Navy
shall submit to the Director of the Office of Management and Budget
and the Congress an initial estimate of the amounts that will be
necessary to cover the costs to permanently relocate Department of
the Navy activities from the portion of the Complex to be
transferred under subsection (a). The Secretary shall include in
the estimate anticipated land acquisition and construction costs.
The Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is
obtained.
(f) Treatment of Funds.--(1) Funds received by the Secretary of the
Navy, from sources outside the Department of Defense, to relocate
Department of the Navy activities from the Complex shall be used to pay
the costs incurred by the Secretary to permanently relocate Department
of the Navy activities from the Complex. A military construction
project carried out using such funds is deemed to be an authorized
military construction project for purposes of section 2802 of title 10,
United States Code. Section 2822 of such title shall continue to apply
to any military family housing unit proposed to be constructed or
acquired using such funds.
(2) When a decision is made to carry out a military construction
project using such funds, the Secretary of the Navy shall notify
Congress in writing of that decision, including the justification for
the project and the current estimate of the cost of the project. The
project may then be carried out only after the end of the 21-day period
beginning on the date the notification is received by Congress or, if
earlier, the end of the 14-day period beginning on the date on which a
copy of the notification is provided in an electronic medium pursuant
to section 480 of title 10, United States Code.
(g) Effect of Failure to Receive Sufficient Funds for Relocation
Costs.--
(1) Congressional notification.--At the end of the five-year
period beginning on the date on which the transfer of the Complex
is to be completed under subsection (c)(1), the Secretary of the
Navy shall submit to Congress a report--
(A) specifying the total amount needed to cover both the
initial and permanent costs of relocating Department of the
Navy activities from the portion of the Complex transferred
under subsection (a);
(B) specifying the total amount of the initial relocation
costs paid by the Secretary of the Department of Homeland
Security under subsection (d); and
(C) specifying the total amount of appropriated funds
received by the Secretary of the Navy, from sources outside the
Department of Defense, to cover the permanent relocation costs.
(2) Role of omb.--The Secretary of the Navy shall obtain the
assistance and concurrence of the Director of the Office of
Management and Budget in determining the total amount needed to
cover both the initial and permanent costs of relocating Department
of the Navy activities from the portion of the Complex transferred
under subsection (a), as required by paragraph (1)(A).
(3) Certification regarding relocation costs.--Not later than
30 days after the date on which the report under paragraph (1) is
required to be submitted to Congress, the President shall certify
to Congress whether the amounts specified in the report pursuant to
subparagraphs (B) and (C) of such paragraph are sufficient to cover
both the initial and permanent costs of relocating Department of
the Navy activities from the portion of the Complex transferred
under subsection (a). The President shall make this certification
only after consultation with the Chairmen and ranking minority
members of the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives and the Chairmen and
ranking minority members of the Committee on Armed Services and the
Committee on Appropriations of the Senate.
(4) Restoration of complex to navy.--If the President certifies
under paragraph (3) that amounts referred to in subparagraphs (B)
and (C) of paragraph (1) are insufficient to cover Navy relocation
costs, the Administrator of General Services, at the request of the
Secretary of the Navy, shall restore the Complex to the
jurisdiction, custody, and control of the Secretary of the Navy.
(5) Navy sale of complex.--If the Complex is restored to the
Secretary of the Navy, the Secretary shall convey the Complex by
competitive sale. Amounts received by the United States as
consideration from any sale under this paragraph shall be deposited
in the special account in the Treasury established pursuant to
paragraph (5) of section 572(b) of title 40, United States Code,
and shall be available for use as provided in subparagraph (B)(i)
of such paragraph.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of the Navy to transfer the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex to the administrative jurisdiction of the Administrator of General Services to accommodate the Department of Homeland Security (DHS). Authorizes the Secretary to retain jurisdiction over that portion of the Complex that, as of this Act's enactment date, is being used to provide Navy family housing. Directs the Secretary, within nine months, to: (1) complete the transfer of the Complex to the Administrator; and (2) relocate Navy activities at the Complex to other locations.
Makes the Secretary of DHS responsible for the payment of the costs to move furnishings and equipment related to the initial relocation of Navy activities from the Complex and costs incident to the initial occupancy by such activities of interim leased space. Authorizes appropriations to DHS for FY 2005 through 2007.
Expresses the sense of Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense (DOD), funds authorized and appropriated for the purpose of covering reasonable costs incurred by the Secretary to permanently relocate Navy activities from the Complex. Directs the Secretary to submit to the Director of the Office of Management and Budget and Congress an initial and revised estimates of such costs; (2) use relocation funds received from sources outside DOD to relocate Navy activities from the Complex; and (3) notify Congress in writing when a decision is made to carry out a military construction project using such funds.
Directs the Secretary of the Navy, at the end of the five-year period beginning on the date on which the transfer of the Complex is to be completed, to submit to Congress a report specifying: (1) the total amount needed to cover both the initial and permanent costs of relocating Navy activities; (2) the total amount of the initial relocation costs paid by the Secretary of DHS; and (3) the total amount of appropriated funds received by the Secretary of the Navy from sources outside DOD to cover the permanent relocation costs. Directs: (1) the President to certify to Congress whether the amounts specified in the report are sufficient to cover both the initial and permanent relocation costs; and (2) the Administrator, if the President certifies that such amounts are insufficient, to restore the Complex to the Navy's jurisdiction, at the request of the Secretary, who then shall convey the Complex by competitive sale and deposit amounts received in a special Treasury account to be used for facility maintenance and repair or environmental restoration. | {"src": "billsum_train", "title": "To provide for the transfer of the Nebraska Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for the Department of Homeland Security, to provide for the acquisition by the Department of the Navy of suitable replacement facilities."} | 1,494 | 511 | 0.769928 | 2.506646 | 0.862085 | 5.139959 | 2.979716 | 0.929006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Museum Site
Selection Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Excess property.--The term ``excess real property'' has
the meaning given such term by section 3 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
472).
(3) Museum.--The term ``Museum'' means the National Health
Museum, Incorporated, a District of Columbia nonprofit
corporation exempt from Federal income taxation under section
501(c)(3) of the Internal Revenue Code of 1986.
(4) Property.--The term ``property'' means the excess real
property identified under section 3(a)(1).
SEC. 3. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) Identification of property.--Not later than 5 years
after the date of enactment of this Act and subject to the
written concurrence of the Museum, the Administrator may
identify a parcel of excess real property, including any
improvements thereon, located in the District of Columbia to be
conveyed under paragraph (2).
(2) Conveyance.--Subject to the requirements of this Act,
the Administrator may convey to the Museum all rights, title,
and interest of the United States in and to the property
identified under paragraph (1).
(3) Relationship to Other Laws.--The authority of the
Administrator under this section shall not be subject to--
(A) sections 202 and 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 483,
484);
(B) section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411); or
(C) any other provision of law (other than Federal
laws relating to environmental and historic
preservation) inconsistent with this Act.
(b) Purpose of Conveyance.--The purpose of the conveyance shall be
to provide a site for the construction and operation of a new building
to serve as the National Health Museum, including associated office,
educational, conference center, and visitor and community services.
(c) Prohibition on Lobbying Activities.--As a condition of the
conveyance, the Museum shall agree that no part of the property will be
used, during the 99-year period beginning on the date of conveyance,
for activities to attempt to influence the passage or defeat of any
legislation by Congress or the legislature of any State.
(d) Date of Conveyance.--
(1) Notification.--If the Administrator identifies a parcel
of property under subsection (a)(1), not later than 120 days
after the date of such identification, the Museum shall notify
the Administrator in writing of the date on which the Museum
will accept conveyance of the property.
(2) Date.--The date of conveyance shall be not less than
270 days and not more than 1 year after the date of the notice.
(3) Effect of failure to notify.--If the Museum fails to
provide the notice to the Administrator by the date described
in paragraph (1), the property shall not be conveyed under this
Act.
(4) Maintenance of property.--The Administrator shall
continue to maintain the property until the date of conveyance
under this subsection.
(e) Quitclaim Deed.--The property shall be conveyed to the Museum
vacant and by quitclaim deed.
(f) Conveyance Terms.--
(1) In general.--The conveyance shall be subject to such
terms and conditions as the Administrator determines necessary
to safeguard the interests of the United States. Such terms and
conditions shall be consistent with the terms and conditions
set forth in this Act.
(2) Purchase price.--
(A) In general.--The purchase price for the
property shall be the fair market value of the property
determined in accordance with uniform standards of
appraisal practices based on the highest and best use
of the property. The purchase price shall be paid in
full to the Administrator on or before the date of
conveyance of the property and before occupancy of the
property by the Museum.
(B) Timing; appraisers.--The determination of fair
market value shall be made in the 270-day period
preceding the date of conveyance of the property. The
determination shall be made by a qualified appraiser
selected by the Administrator.
(C) Report to congress.--If the Administrator
identifies a parcel of property under subsection
(a)(1), Promptly upon the determination of the purchase
price, and in any event at least 60 days in advance of
the date of conveyance of the property, the
Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report identifying the
purchase price, together with a copy of the retention
and disposal study conducted by Administrator with
respect to the property.
(D) Treatment of amounts received.--Net proceeds
from the conveyance shall be deposited into,
administered, and expended, subject to appropriations
Acts, as part of the fund established by section 210(f)
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 490(f)). In this subparagraph, the
term ``net proceeds from the conveyance'' means the
proceeds from the conveyance minus the expenses
incurred by the Administrator with respect to the
conveyance.
(3) Satellite museum.--As a condition of the conveyance,
the Administrator shall receive assurances satisfactory to the
Administrator that--
(A) the Museum will establish, operate, and
maintain a satellite museum on Ellis Island, New
Jersey, for the same purposes and subject to the same
limitations as the National Health Museum;
(B) such activities will be carried out in
consultation with appropriate State and Federal
departments and agencies and in conjunction with other
redevelopment activities on Ellis Island; and
(C) not later than 4 years after the date of the
conveyance, in order to provide for the satellite
museum, the Museum--
(i) will commence construction of the
satellite museum;
(ii) will commence renovation of a facility
of the National Park Service and, upon
completion of the renovation, will pay
operation and maintenance costs associated with
the facility; or
(iii) has entered into an agreement to take
occupancy of a facility of the National Park
Service that has been renovated by the National
Park Service and, upon taking such occupancy,
will pay all rents associated with the
facility.
(h) Statutory Construction.--Nothing in this section may be
construed to authorize the conveyance of any right, title, or interest
of the United States in or to real property on Ellis Island, New
Jersey.
SEC. 4. REVERSIONARY INTEREST IN THE UNITED STATES.
(a) In General.--The property, at the option of the Administrator,
may revert to the United States if--
(1) during the 3-year period beginning on the date of
conveyance of the property, the Museum does not commence
construction on the property, other than for a reason not
within the control of the Museum;
(2) during the 99-year period beginning on the date of
conveyance of the property, the property is used for a purpose
not authorized by section 3(b);
(3) during the 99-year period beginning on the date of
conveyance of the property, the property is used for a lobbying
activity in violation of section 3(c);
(4) during the 4-year period beginning on the date of
conveyance of the property, the Museum does not commence
construction of, or renovation of existing facilities for, a
satellite museum under section 3(f)(3), other than for a reason
not within the control of the Museum;
(5) during the 50-year period beginning on the date of
conveyance of the property, the satellite museum established
under section 3(f)(3) is not operated in accordance with such
section, other than for a reason not within the control of the
Museum; or
(6) the Museum ceases to be exempt from Federal income
taxation as an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986.
(b) Repayment.--If the property reverts to the United States, the
United States shall repay the Museum the lesser of--
(1) the full purchase price for the property (without
interest) less any expenses incurred by the United States with
respect to the reversion; or
(2) the market value of the property on the date of the
reversion (as determined by a qualified appraiser selected by
the Administrator) less any expenses incurred by the United
States with respect to the reversion.
(c) Enforcing Reversion.--The Administrator shall perform all acts
necessary to enforce any reversion of property to the United States
under this section.
(d) Inventory of Public Buildings Service.--Property that reverts
to the United States under this section--
(1) shall be under the control of the General Services
Administration; and
(2) shall be assigned by the Administrator to the inventory
of the Public Buildings Service.
SEC. 5. AUTHORITY OF MUSEUM OVER PROPERTY.
After the date of conveyance of the property under this Act, the
Museum may--
(1) demolish or renovate any existing or future improvement
on the property;
(2) build, own, operate, and maintain new improvements on
the property;
(3) finance and mortgage the property on customary terms
and conditions; and
(4) manage the property in furtherance of this Act.
SEC. 6. LAND USE APPROVALS.
(a) Effect on Other Authority.--Nothing in this section may be
construed to limit the authority of the National Capital Planning
Commission or the Commission of Fine Arts.
(b) Cooperation Concerning Zoning.--
(1) In general.--The United States shall cooperate with the
Museum with respect to any zoning or other administrative
matter relating to--
(A) the development or improvement of the property;
or
(B) the demolition of any improvement on the
property as of the date of enactment of this Act.
(2) Zoning applications.--Cooperation under paragraph (1)
shall include making, joining in, or consenting to any
application required to facilitate the zoning of the property.
SEC. 7. ENVIRONMENTAL HAZARDS.
Costs of remediation of any environmental hazards existing on the
property before the date of conveyance of the property under this Act,
including all asbestos-containing materials, shall be borne by the
United States. Environmental remediation shall begin as soon as
practicable following identification of the property under section
3(a)(1) and shall be completed before the date of conveyance of the
property. The responsibilities of the United States under this section
shall terminate on the date of conveyance of the property.
SEC. 8. REPORTS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter until the expiration of the 2-year period following
the date on which the satellite museum described in section 3(f)(3)
opens to the public, the Museum shall submit a report on the status of
the National Health Museum to the Administrator, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Environment and Public Works of the Senate.
Amend the title so as to read: ``A bill to authorize the
Administrator of General Services to convey excess real
property in the District of Columbia to be used for
construction of the National Health Museum, and for other
purposes.''. | Prohibits any part of the property from being used for lobbying activities for 99 years.
Sets forth provisions regarding the purchase price for the property and requires that the net proceeds from the conveyance be deposited into, administered, and expended as part of the Federal Buildings Fund.
Conditions such conveyance on the Administrator receiving satisfactory assurances that the Museum: (1) will establish, operate, and maintain a satellite museum on Ellis Island, New Jersey, for the same purposes and subject to the same limitations as the Museum and will, within a prescribed period, commence construction of such satellite museum and renovation of a National Park Service (NPS) facility and will pay operation and maintenance costs of such facility; or (2) has entered into an agreement to take occupancy of an NPS facility that has been renovated by the NPS and will pay all rents for such facility.
Provides for reversion of the property to the United States and repayment of the Museum if construction and operation requirements are not met or if use or status restrictions are violated.
Permits the Museum, after the conveyance of property under this Act, to: (1) demolish or renovate any existing or future improvement on the property; (2) build, own, operate, and maintain new improvements on the property; (3) finance and mortgage the property on customary terms and conditions; and (4) manage the property.
Requires the United States to cooperate with the Museum on any zoning or other administrative matter relating to the development or improvement of the property, or the demolition of any improvement.
Requires the costs of remediation of any environmental hazards existing on the property before the date of the conveyance of the property under this Act, including all asbestos-containing materials, to be borne by the United States.
Requires the Museum to submit annual reports on the Museum's status to the Administrator and appropriate congressional committees. | {"src": "billsum_train", "title": "National Health Museum Site Selection Act"} | 2,532 | 398 | 0.562446 | 1.953228 | 0.67806 | 4.367847 | 6.386921 | 0.923706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Uniformity for Food Act of
2006''.
SEC. 2. NATIONAL UNIFORMITY FOR FOOD.
(a) National Uniformity.--Section 403A of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343-1) is amended--
(1) in subsection (a)(4), by striking ``or'' at the end;
(2) in subsection (a)(5), by striking the period and
inserting ``, or'';
(3) in subsection (a), by inserting after paragraph (5) the
following:
``(6) any requirement for a food described in section
402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 404, 406,
409, 512, or 721(a), that is not identical to the requirement
of such section.''; and
(4) by adding at the end the following:
``(c)(1) For purposes of subsection (a)(6) and section 403B, the
term `identical' means that the language under the laws of a State or a
political subdivision of a State is substantially the same language as
the comparable provision under this Act and that any differences in
language do not result in the imposition of materially different
requirements. For purposes of subsection (a)(6), the term `any
requirement for a food' does not refer to provisions of this Act that
relate to procedures for Federal action under this Act.
``(2) For purposes of subsection (a)(6), a State or political
subdivision of a State may enforce a State law that contains a
requirement that is identical to a requirement in a section of Federal
law referred to in subsection (a)(6) if the Secretary has promulgated a
regulation or adopted a final guidance relating to the requirement and
the State applies the State requirement in a manner that conforms to
the regulation or guidance.
``(3) If the Secretary has not promulgated a regulation or adopted
final guidance relating to a requirement in a section of Federal law
referred to in subsection (a)(6), a State or political subdivision of a
State may enforce a policy, such as a State regulation or an
administrative decision, that is based on a State law that contains a
requirement that is identical to a requirement in a section of Federal
law referred to in subsection (a)(6).
``(4) If the Secretary has considered a proposal for a regulation
or final guidance relating to a requirement in a section of Federal law
referred to in subsection (a)(6) and has, after soliciting public
comment, made a determination not to promulgate such regulation or
adopt such guidance, which determination is published in the Federal
Register, a State or political subdivision of a State may not enforce
any requirements in State law that are policies rejected by the
Secretary through such determination.''.
(b) Uniformity in Food Safety Warning Notification Requirements.--
Chapter IV of such Act (21 U.S.C. 341 et seq.) is amended--
(1) by redesignating sections 403B and 403C as sections
403C and 403D, respectively; and
(2) by inserting after section 403A the following new
section:
``SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION
REQUIREMENTS.
``(a) Uniformity Requirement.--
``(1) In general.--Except as provided in subsections (c)
and (d), no State or political subdivision of a State may,
directly or indirectly, establish or continue in effect under
any authority any notification requirement for a food that
provides for a warning concerning the safety of the food, or
any component or package of the food, unless such a
notification requirement has been prescribed under the
authority of this Act and the State or political subdivision
notification requirement is identical to the notification
requirement prescribed under the authority of this Act.
``(2) Definitions.--For purposes of paragraph (1)--
``(A) the term `notification requirement' includes
any mandatory disclosure requirement relating to the
dissemination of information about a food by a
manufacturer or distributor of a food in any manner,
such as through a label, labeling, poster, public
notice, advertising, or any other means of
communication, except as provided in paragraph (3);
``(B) the term `warning', used with respect to a
food, means any statement, vignette, or other
representation that indicates, directly or by
implication, that the food presents or may present a
hazard to health or safety; and
``(C) a reference to a notification requirement
that provides for a warning shall not be construed to
refer to any requirement or prohibition relating to
food safety that does not involve a notification
requirement.
``(3) Construction.--Nothing in this section shall be
construed to prohibit a State from conducting the State's
notification, disclosure, or other dissemination of
information, or to prohibit any action taken relating to an
inspection, mandatory recall, civil administrative order,
embargo, detention order, or court proceeding involving food
adulteration under a State statutory requirement identical to a
food adulteration requirement under this Act.
``(b) Review of Existing State Requirements.--
``(1) Existing state requirements; deferral.--Any
requirement that--
``(A)(i) is a State notification requirement that
expressly applies to a specified food or food component
and that provides for a warning described in subsection
(a) that does not meet the uniformity requirement
specified in subsection (a); or
``(ii) is a State food safety requirement described
in section 403A(a)(6) that does not meet the uniformity
requirement specified in that paragraph; and
``(B) is in effect on the date of enactment of the
National Uniformity for Food Act of 2006, shall remain
in effect for 180 days after that date of enactment.
``(2) State petitions.--With respect to a State
notification or food safety requirement that is described in
paragraph (1), the State may petition the Secretary for an
exemption or a national standard under subsection (c). If a
State submits such a petition within 180 days after the date of
enactment of the National Uniformity for Food Act of 2006, the
notification or food safety requirement shall remain in effect
in accordance with subparagraph (C) of paragraph (3), and the
time periods and provisions specified in subparagraphs (A) and
(B) of such paragraph shall apply in lieu of the time periods
and provisions specified in subsection (c)(3) (but not the time
periods and provisions specified in subsection (d)(2)).
``(3) Action on petitions.--
``(A) Publication.--Not later than 270 days after
the date of enactment of the National Uniformity for
Food Act of 2006, the Secretary shall publish a notice
in the Federal Register concerning any petition
submitted under paragraph (2) and shall provide 180
days for public comment on the petition.
``(B) Time periods.--Not later than 360 days after
the end of the period for public comment, the Secretary
shall take final agency action on the petition.
``(C) Action.--
``(i) In general.--With respect to a State
that submits to the Secretary a petition in
accordance with paragraph (2), the notification
or food safety requirement involved shall
remain in effect during the period beginning on
the date of enactment of the National
Uniformity for Food Act of 2006 and ending on
the applicable date under subclause (I) or
(II), as follows:
``(I) If the petition is denied by
the Secretary, the date of such denial.
``(II) If the petition is approved
by the Secretary, the effective date of
the final rule that is promulgated
under subsection (c) to provide an
exemption or national standard pursuant
to the petition, except that there is
no applicable ending date under this
subparagraph for a provision of State
law that is part of such State
requirement in any case in which the
final rule does not establish any
condition regarding such provision of
law.
``(ii) Noncompliance of secretary regarding
timeframes.--
``(I) Judicial review.--The failure
of the Secretary to comply with any
requirement of subparagraph (A) or (B)
shall constitute final agency action
for purposes of judicial review. If the
court conducting the review determines
that the Secretary has failed to comply
with the requirement, the court shall
order the Secretary to comply within a
period determined to be appropriate by
the court.
``(II) Status of state
requirement.--With respect to a State
that submits to the Secretary a
petition in accordance with paragraph
(2), if the Secretary fails to take
final agency action on the petition
within the period that applies under
subparagraph (B), the notification or
food safety requirement involved
remains in effect in accordance with
clause (i).
``(c) Exemptions and National Standards.--
``(1) Exemptions.--Any State may petition the Secretary to
provide by regulation an exemption from section 403A(a)(6) or
subsection (a), for a requirement of the State or a political
subdivision of the State. The Secretary may provide such an
exemption, under such conditions as the Secretary may impose,
for such a requirement that--
``(A) protects an important public interest that
would otherwise be unprotected, in the absence of the
exemption;
``(B) would not cause any food to be in violation
of any applicable requirement or prohibition under
Federal law; and
``(C) would not unduly burden interstate commerce,
balancing the importance of the public interest of the
State or political subdivision against the impact on
interstate commerce.
``(2) National standards.--Any State may petition the
Secretary to establish by regulation a national standard
respecting any requirement under this Act or the Fair Packaging
and Labeling Act (15 U.S.C. 1451 et seq.) relating to the
regulation of a food.
``(3) Action on petitions.--
``(A) Publication.--Not later than 30 days after
receipt of any petition under paragraph (1) or (2), the
Secretary shall publish such petition in the Federal
Register for public comment during a period specified
by the Secretary.
``(B) Time periods for action.--Not later than 60
days after the end of the period for public comment,
the Secretary shall take final agency action on the
petition or shall inform the petitioner, in writing,
the reasons that taking the final agency action is not
possible at that time, the date by which the final
agency action will be taken, and the final agency
action that will be taken or is likely to be taken. In
every case, the Secretary shall take final agency
action on the petition not later than 120 days after
the end of the period for public comment.
``(C) Expedited consideration.--The Secretary shall
expedite the consideration of any petition under
paragraphs (1) or (2) that involves a request for a
notification requirement for a food that provides a
warning where the health effect to be addressed by the
warning relates to cancer or reproductive or birth
defects or is intended to provide information that will
allow parents or guardians to understand, monitor, or
limit a child's exposure to cancer-causing agents or
reproductive or developmental toxins or will allow
pregnant women to understand, monitor, or limit their
exposure to fetal development toxins.
``(4) Judicial review.--The failure of the Secretary to
comply with any requirement of this subsection shall constitute
final agency action for purposes of judicial review. If the
court conducting the review determines that the Secretary has
failed to comply with the requirement, the court shall order
the Secretary to comply within a period determined to be
appropriate by the court.
``(d) Imminent Hazard Authority.--
``(1) In general.--A State may establish a requirement that
would otherwise violate section 403A(a)(6) or subsection (a),
if--
``(A) the requirement is needed to address an
imminent hazard to health that is likely to result in
serious adverse health consequences or death;
``(B) the State has notified the Secretary about
the matter involved and the Secretary has not initiated
enforcement action with respect to the matter;
``(C) a petition is submitted by the State under
subsection (c) for an exemption or national standard
relating to the requirement not later than 30 days
after the date that the State establishes the
requirement under this subsection; and
``(D) the State institutes enforcement action with
respect to the matter in compliance with State law
within 30 days after the date that the State
establishes the requirement under this subsection.
``(2) Action on petition.--
``(A) In general.--The Secretary shall take final
agency action on any petition submitted under paragraph
(1)(C) not later than 7 days after the petition is
received, and the provisions of subsection (c) shall
not apply to the petition.
``(B) Judicial review.--The failure of the
Secretary to comply with the requirement described in
subparagraph (A) shall constitute final agency action
for purposes of judicial review. If the court
conducting the review determines that the Secretary has
failed to comply with the requirement, the court shall
order the Secretary to comply within a period
determined to be appropriate by the court.
``(3) Duration.--If a State establishes a requirement in
accordance with paragraph (1), the requirement may remain in
effect until the Secretary takes final agency action on a
petition submitted under paragraph (1)(C).
``(e) No Effect on Product Liability Law.--Nothing in this section
shall be construed to modify or otherwise affect the product liability
law of any State.
``(f) No Effect on Certain State Law.--Nothing in this section or
section 403A relating to a food shall be construed to prevent a State
or political subdivision of a State from establishing, enforcing, or
continuing in effect a requirement relating to--
``(1) freshness dating, open date labeling, grade labeling,
a State inspection stamp, religious dietary labeling, organic
or natural designation, returnable bottle labeling, unit
pricing, a statement of geographic origin, or dietary
supplements; or
``(2) a consumer advisory relating to food sanitation that
is imposed on a food establishment, or that is recommended by
the Secretary, under part 3-6 of the Food Code issued by the
Food and Drug Administration and referred to in the notice
published at 64 Fed. Reg. 8576 (1999) (or any corresponding
similar provision of such a Code).
``(g) Definitions.--In section 403A and this section:
``(1) The term `requirement', used with respect to a
Federal action or prohibition, means a mandatory action or
prohibition established under this Act or the Fair Packaging
and Labeling Act (15 U.S.C. 1451 et seq.), as appropriate, or
by a regulation issued under or by a court order relating to,
this Act or the Fair Packaging and Labeling Act, as
appropriate.
``(2) The term `petition' means a petition submitted in
accordance with the provisions of section 10.30 of title 21,
Code of Federal Regulations, containing all data and
information relied upon by the petitioner to support an
exemption or a national standard.''.
(c) Conforming Amendment.--Section 403A(b) of such Act (21 U.S.C.
343-1(b)) is amended by adding after and below paragraph (3) the
following:
``The requirements of paragraphs (3) and (4) of section 403B(c)
shall apply to any such petition, in the same manner and to the same
extent as the requirements apply to a petition described in section
403B(c).''.
SEC. 3. CONDITIONS.
The amendments made by this Act take effect only if the Secretary
of Health and Human Services certifies to the Congress, after
consultation with the Secretary of Homeland Security, that the
implementation of such amendments will pose no additional risk to the
public health or safety from terrorists attacks relating to the food
supply. | National Uniformity for Food Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce any requirement that is not identical to specified FFDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, new animal drugs, and warnings concerning food safety. Allows state enforcement of identical provisions unless the Secretary of Health and Human Services has determined that such state provisions should not be enforced.
Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any federal law; and (3) would not unduly burden interstate commerce.
Allows a state to establish a requirement that would otherwise violate FFDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt certain state and local laws relating to labeling or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary. Declares that the Act takes effect only if the Secretary certifies to Congress that implementation will pose no additional risk to the public health or safety from terrorist acts relating to the food supply. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes."} | 3,630 | 365 | 0.562404 | 1.736762 | 0.719397 | 3.325879 | 10.750799 | 0.904153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Fairness Consolidation
Act of 2003''.
SEC. 2. AUTHORITY TO REFINANCE EXISTING CONSOLIDATION LOANS.
(a) FFEL Consolidation Loans.--Section 428C(a)(3)(B) of the Higher
Education Act of 1965 (20 U.S.C. 1078-3(a)(3)(B)) is amended by adding
at the end the following new clause:
``(ii) Notwithstanding clause (i) of this subparagraph, a
borrower of a consolidation loan on which the interest is
established at a fixed rate under section 427A, 428C(c), or 455
may obtain a subsequent consolidation loan for the purposes of
refinancing such earlier consolidation loan at a variable rate
of interest under section 427A(m) or 455(b)(8), except that the
authority to refinance a consolidation loan under this clause
shall not apply to a consolidation loan that was used
exclusively to repay loans made under section 428B or Federal
Direct PLUS Loans (or both such loans).''.
(b) Parallel Terms for Federal Direct Consolidation Loans.--Section
455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is
amended--
(1) in paragraph (1), by inserting ``428C,'' after
``428B,''; and
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) section 428C shall be known as `Federal
Direct Consolidation Loans'.''.
SEC. 3. AVAILABILITY OF VARIABLE INTEREST RATE CONSOLIDATION LOANS.
(a) FFEL Consolidation Loans.--Section 427A of the Higher Education
Act of 1965 (20 U.S.C. 1077a) is amended--
(1) by redesignating subsection (m) and (n) as subsections
(n) and (o), respectively; and
(2) by inserting after subsection (l) the following:
``(m) Variable Interest Rate Consolidation Loans.--
``(1) Variable rate.--Notwithstanding subsections (h), (k),
and (l), with respect to any loan made pursuant to section 428C
for which the first disbursement is made on or after the date
of enactment of the Student Loan Fairness Consolidation Act of
2003, the applicable rate of interest shall, during any 12-
month period beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal to--
``(A) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
``(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(2) Recovery of excess interest.--If, with respect to a
consolidation loan on which the applicable interest rate is
determined under this subsection, the applicable interest rate
for any 3-month period exceeds the special allowance rate
applicable to such loan under section 438(b)(2)(I) for such
period, then an adjustment shall be made--
``(A) by calculating the excess interest in the
amount computed under paragraph (3) of this subsection;
and
``(B) by crediting the excess interest to the
Government.
``(3) Amount of adjustment.--The amount of any adjustment
of interest on a loan to be made under this subsection for any
quarter shall be equal to--
``(A) the applicable interest rate minus the
special allowance rate determined under section
438(a)(2)(I); multiplied by
``(B) the average daily principal balance of the
loan (not including unearned interest added to
principal) during such calendar quarter; divided by
``(C) four.
``(4) Inapplicability to consolidation loans used to repay
plus loans.--The provisions of paragraph (1) of this subsection
shall not apply to a consolidation loan that was used
exclusively to repay loans made under section 428B or Federal
Direct PLUS Loans (or both such loans).''.
(b) Federal Direct Consolidation Loans.--Section 455(b) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Variable interest rate consolidation loans.--
``(A) Variable rate.--Notwithstanding the preceding
paragraphs of this subsection, with respect to any
Federal Direct Consolidation Loan for which the first
disbursement is made on or after the date of enactment
of the Student Loan Fairness Consolidation Act of 2003,
the applicable rate of interest shall, during any 12-
month period beginning on July 1 and ending on June 30,
be determined on the preceding June 1 and be equal to--
``(i) the bond equivalent rate of 91-day
Treasury bills auctioned at the final auction
held prior to such June 1; plus
``(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(B) Inapplicability to consolidation loans used
to repay plus loans.--The provisions of this subsection
shall not apply to a consolidation loan that was used
exclusively to repay loans made under section 428B or
Federal Direct PLUS Loans (or both such loans).''.
(c) Conforming Amendment.--Section 438(b)(2)(I) is amended by
striking ``section 427A(k)(4) or (l)(3)'' each place it appears in
clauses (iv) and (vi) and inserting ``section 427A(k)(4), (l)(3), or
(m)''. | Student Loan Fairness Consolidation Act of 2003 - Amends the Higher Education Act of 1965 to revise student aid requirements for Federal consolidation loans under the Federal Family Education Loan program, and establish parallel requirements under a Federal Direct Consolidation Loan program, to: (1) allow borrowers to refinance existing consolidation loans; and (2) make available variable interest rate consolidation loans. Excludes consolidation loans for repaying Federal PLUS loans (taken out by parents of students) from such provisions for refinancing and variable interest rates. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to improve the opportunity for Federal student loan borrowers to consolidate their loans at reasonable interest rates."} | 1,383 | 113 | 0.597464 | 1.48429 | 0.92106 | 2.484211 | 12.273684 | 0.778947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Soldiers Accountability Act of
2008''.
SEC. 2. ACCOUNTABILITY FOR THE RECRUITMENT AND USE OF CHILD SOLDIERS.
(a) Crime for Recruiting or Using Child Soldiers.--
(1) In general.--Chapter 118 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 2442. Recruitment or use of child soldiers
``(a) Offense.--Whoever knowingly--
``(1) recruits, enlists, or conscripts a person to serve while
such person is under 15 years of age in an armed force or group; or
``(2) uses a person under 15 years of age to participate
actively in hostilities;
knowing such person is under 15 years of age, shall be punished as
provided in subsection (b).
``(b) Penalty.--Whoever violates, or attempts or conspires to
violate, subsection (a) shall be fined under this title or imprisoned
not more than 20 years, or both and, if death of any person results,
shall be fined under this title and imprisoned for any term of years or
for life.
``(c) Jurisdiction.--There is jurisdiction over an offense
described in subsection (a), and any attempt or conspiracy to commit
such offense, if--
``(1) the alleged offender is a national of the United States
(as defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United States (as defined
in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20));
``(2) the alleged offender is a stateless person whose habitual
residence is in the United States;
``(3) the alleged offender is present in the United States,
irrespective of the nationality of the alleged offender; or
``(4) the offense occurs in whole or in part within the United
States.
``(d) Definitions.--In this section:
``(1) Participate actively in hostilities.--The term
`participate actively in hostilities' means taking part in--
``(A) combat or military activities related to combat,
including sabotage and serving as a decoy, a courier, or at a
military checkpoint; or
``(B) direct support functions related to combat, including
transporting supplies or providing other services.
``(2) Armed force or group.--The term `armed force or group'
means any army, militia, or other military organization, whether or
not it is state-sponsored, excluding any group assembled solely for
nonviolent political association.''.
(2) Statute of limitations.--Chapter 213 of title 18, United
States Code is amended by adding at the end the following:
``Sec. 3300. Recruitment or use of child soldiers
``No person may be prosecuted, tried, or punished for a violation
of section 2442 unless the indictment or the information is filed not
later than 10 years after the commission of the offense.''.
(3) Clerical amendment.--Title 18, United States Code, is
amended--
(A) in the table of sections for chapter 118, by adding at
the end the following:
``2442. Recruitment or use of child soldiers.'';
and
(B) in the table of sections for chapter 213, by adding at
the end the following:
``3300. Recruitment or use of child soldiers.''.
(b) Ground of Inadmissibility for Recruiting or Using Child
Soldiers.--Section 212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) is amended by adding at the end the following:
``(G) Recruitment or use of child soldiers.--Any alien who
has engaged in the recruitment or use of child soldiers in
violation of section 2442 of title 18, United States Code, is
inadmissible.''.
(c) Ground of Removability for Recruiting or Using Child
Soldiers.--Section 237(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)) is amended by adding at the end the following:
``(F) Recruitment or use of child soldiers.--Any alien who
has engaged in the recruitment or use of child soldiers in
violation of section 2442 of title 18, United States Code, is
deportable.''.
(d) Asylum and Withholding of Removal.--
(1) Issuance of regulations.--Not later than 60 days after the
date of enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall promulgate final regulations
establishing that, for purposes of sections 241(b)(3)(B)(iii) and
208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)(iii); 8 U.S.C. 1158(b)(2)(A)(iii)), an alien who is
deportable under section 237(a)(4)(F) of such Act (8 U.S.C.
1227(a)(4)(F)) or inadmissible under section 212(a)(3)(G) of such
Act (8 U.S.C. 1182(a)(3)(G)) shall be considered an alien with
respect to whom there are serious reasons to believe that the alien
committed a serious nonpolitical crime.
(2) Authority to waive certain regulatory requirements.--The
requirements of chapter 5 of title 5, United States Code (commonly
referred to as the ``Administrative Procedure Act''), chapter 35 of
title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act''), or any other law relating to
rulemaking, information collection, or publication in the Federal
Register, shall not apply to any action to implement paragraph (1)
to the extent the Attorney General or the Secretary Homeland of
Security determines that compliance with any such requirement would
impede the expeditious implementation of such paragraph.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Child Soldiers Accountability Act of 2008- Amends the federal criminal code to impose a fine and/or 20-year prison term for knowingly recruiting, enlisting, or conscripting a person under 15 years of age into an armed force or group (other than a group assembled solely for nonviolent political association) or using such person to participate actively in combat hostilities, or attempting or conspiring to do so, knowing such person is under 15 years of age. Imposes a life sentence if the death of any person results from a violation of this Act. Provides for: (1) expanded jurisdiction for prosecuting U.S. nationals and resident aliens who violate this Act; and (2) a 10-year limitation period for prosecuting violations.
Amends the Immigration and Nationality Act to render any alien who has recruited or used child soldiers inadmissible or deportable.
Directs the Attorney General and the Secretary of Homeland Security to promulgate final regulations to deny asylum or withholding of removal to aliens who are either inadmissible to the United States or deportable for recruiting or using child soldiers. | {"src": "billsum_train", "title": "A bill to prohibit the recruitment or use of child soldiers, to designate persons who recruit or use child soldiers as inadmissible aliens, to allow the deportation of persons who recruit or use child soldiers, and for other purposes."} | 1,471 | 252 | 0.56794 | 1.595068 | 1.005638 | 2.40404 | 5.949495 | 0.787879 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Amendment Preservation Act of
2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) a number of State and local governments have commenced
civil actions, or are considering commencing civil actions,
against manufacturers, importers, and dealers of firearms based
on the unlawful use of the firearms by a purchaser or other
person;
(2) in at least some cases, the intent in bringing the
action is to subject manufacturers, importers, and dealers to
legal costs that are so onerous that the manufacturers,
importers, and dealers may not be able to defend themselves, or
indeed be able to remain in business;
(3) a majority of manufacturers, importers, and dealers of
firearms are small, privately owned businesses that cannot
afford to bear the legal costs of defending themselves in a
large number of judicial forums;
(4) compared to most manufacturers, importers, and dealers
of firearms, States and local governments are large and
relatively wealthy entities that are able to spend large
amounts of taxpayers' dollars on a war of attrition with small
businesses;
(5) fairness requires that--
(A) a unit of government that undertakes an
unsuccessful ``fishing expedition'' against a firearm
manufacturer, importer, or dealer bear the cost of
defending against its frivolous and unwarranted civil
action; and
(B) taxpayers not be required to pay millions of
dollars to wealthy attorneys, out of awards that are
intended, at least in part, to benefit the victims of
crime;
(6) the Second Amendment to the Constitution requires that
Congress respond to actions that are intended to, and that
would have the effect of, nullifying that provision of the Bill
of Rights;
(7) Congress has power under the Second Amendment and under
the Commerce Clause to take appropriate action to protect the
right of citizens to obtain and own firearms; and
(8) one appropriate action that Congress may take is to
provide protection from excessive and unwarranted legal fees.
SEC. 3. RULES GOVERNING ACTIONS BROUGHT TO CURTAIL THE SALE OR
AVAILABILITY OF FIREARMS FOR LEGAL PURPOSES.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 926B. Rules governing actions brought to curtail the sale or
availability of firearms for legal purposes
``(a) Definitions.--In this section, the term `action brought to
curtail the sale or availability of firearms for legal purposes' means
a civil action brought in Federal or State court that--
``(1) has as a defendant a firearms manufacturer, importer,
or dealer in firearms;
``(2) expressly or by implication requests actual damages,
punitive damages, or any other form of damages in excess of the
lesser of--
``(A) $1,000,000; or
``(B) 50 percent of the net assets of any such
defendant; and
``(3) seeks, in whole or in part, to hold a firearms
manufacturer, importer, or dealer liable for damages caused by
the unlawful or tortious use of a firearm by a person not
employed by or affiliated with the manufacturer, dealer, or
importer.
``(b) Limitation on Attorney's Fees Awarded to Plaintiff.--In a
civil action brought to curtail the sale or availability of firearms
for legal purposes, notwithstanding any other provision of law or any
agreement between any persons to the contrary, amounts paid in
plaintiff's attorney's fees in connection with the settlement or
adjudication of the action shall not exceed the lesser of--
``(1) an amount equal to $150 per hour for each hour spent
productively, plus actual expenses incurred by the attorney in
connection with the action; or
``(2) an amount equal to 10 percent of the amount that the
plaintiff receives under the action.
``(c) Attorney's Fees for the Defendant.--In a civil action brought
to curtail the sale or availability of firearms for legal purposes, if
the court finds that the defendant is not wholly or primarily liable
for the damages sought, the court shall require the plaintiff to
reimburse the defendant for reasonable attorney's fees and court costs,
as determined by the court, incurred in litigating the action, unless
the court finds that special circumstances make such a reimbursement
unjust.
``(d) Power of Congress.--If any court renders a decision in an
action brought to curtail the sale or availability of firearms for
legal purposes or in any other proceeding that the Constitution does
not confer on Congress the power to enact this section, the decision
shall be directly appealable as of right to the Supreme Court.''.
(b) Conforming Amendment.--The analysis for chapter 44 of title 18
is amended by inserting after the item relating to section 926A the
following:
``926B. Rules governing actions brought to curtail the sale or
availability of firearms for legal
purposes.''.
(c) Effective Date.--The amendment made by subsection (a)--
(1) takes effect on the date of enactment of this Act; and
(2) applies to any action pending or on appeal on that date
or brought after that date. | Second Amendment Preservation Act of 2002 - Amends the Federal criminal code to: (1) limit the plaintiff's attorney fees in connection with the settlement or adjudication of a civil action brought to curtail the sale or availability of firearms for legal purposes to the lesser of $150 per hour plus actual expenses or ten percent of the amount that the plaintiff receives; and (2) require the plaintiff to reimburse the defendant for reasonable attorney's fees and court costs if the court finds that the defendant is not wholly or primarily liable, unless special circumstances make such reimbursement unjust.Defines such action as one brought against a firearms manufacturer, importer, or dealer seeking damages in excess of $1 million or 50 percent of the defendant's net assets and seeking to hold such defendant liable for damages caused by the unlawful or tortious use of a firearm by a person not employed by or affiliated with the defendant.Makes any court decision that the Constitution does not confer on Congress the power to enact this Act directly appealable to the Supreme Court. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to protect citizens' rights under the Second Amendment to obtain firearms for legal use, and for other purposes."} | 1,179 | 223 | 0.55582 | 1.828632 | 0.654176 | 5.35533 | 5.507614 | 0.949239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Electronic Duck Stamp Act
of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Actual stamp.--The term ``actual stamp'' means a
Federal migratory-bird hunting and conservation stamp required
under the Act of March 16, 1934 (16 U.S.C. 718a et seq.)
(popularly known as the ``Duck Stamp Act''), that is printed on
paper and sold through the means established by the authority
of the Secretary immediately before the date of enactment of
this Act.
(2) Automated licensing system.--
(A) In general.--The term ``automated licensing
system'' means an electronic, computerized licensing
system used by a State fish and wildlife agency to
issue hunting, fishing, and other associated licenses
and products.
(B) Inclusion.--The term ``automated licensing
system'' includes a point-of-sale, Internet, telephonic
system, or other electronic applications used for a
purpose described in subparagraph (A).
(3) Electronic stamp.--The term ``electronic stamp'' means
an electronic version of an actual stamp that--
(A) is a unique identifier for the individual to
whom it is issued;
(B) can be printed on paper or produced through an
electronic application with the same indicators as the
State endorsement provides;
(C) is issued through a State automated licensing
system that is authorized, under State law and by the
Secretary under this Act, to issue electronic stamps;
(D) is compatible with the hunting licensing system
of the State that issues the electronic stamp; and
(E) is described in the State application approved
by the Secretary under section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.
(a) In General.--The Secretary may authorize any State to issue
electronic stamps in accordance with this Act.
(b) Consultation.--The Secretary shall implement this section in
consultation with State management agencies.
SEC. 4. STATE APPLICATION.
(a) Approval of Application Required.--The Secretary may not
authorize a State to issue electronic stamps under this Act unless the
Secretary has received and approved an application submitted by the
State in accordance with this section. The Secretary may determine the
number of new States per year to participate in the electronic stamp
program.
(b) Contents of Application.--The Secretary may not approve a State
application unless the application contains--
(1) a description of the format of the electronic stamp
that the State will issue under this Act, including identifying
features of the licensee that will be specified on the stamp;
(2) a description of any fee the State will charge for
issuance of an electronic stamp;
(3) a description of the process the State will use to
account for and transfer to the Secretary the amounts collected
by the State that are required to be transferred to the
Secretary under the program;
(4) the manner by which the State will transmit electronic
stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will
issue duplicate electronic stamps; and
(7) such other policies, procedures, and information as may
be reasonably required by the Secretary.
(c) Publication of Deadlines, Eligibility Requirements, and
Selection Criteria.--Not later than 30 days before the date on which
the Secretary begins accepting applications under this section, the
Secretary shall publish--
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications;
and
(3) criteria for approving applications.
SEC. 5. STATE OBLIGATIONS AND AUTHORITIES.
(a) Delivery of Actual Stamp.--The Secretary shall require that
each individual to whom a State sells an electronic stamp under this
Act shall receive an actual stamp--
(1) by not later than the date on which the electronic
stamp expires under section 6(c); and
(2) in a manner agreed upon by the State and Secretary.
(b) Collection and Transfer of Electronic Stamp Revenue and
Customer Information.--
(1) Requirement to transmit.--The Secretary shall require
each State authorized to issue electronic stamps to collect and
submit to the Secretary in accordance with this section--
(A) the first name, last name, and complete mailing
address of each individual that purchases an electronic
stamp from the State;
(B) the face value amount of each electronic stamp
sold by the State; and
(C) the amount of the Federal portion of any fee
required by the agreement for each stamp sold.
(2) Time of transmittal.--The Secretary shall require the
submission under paragraph (1) to be made with respect to sales
of electronic stamps by a State according to the written
agreement between the Secretary and the State agency.
(3) Additional fees not affected.--This section shall not
apply to the State portion of any fee collected by a State
under subsection (c).
(c) Electronic Stamp Issuance Fee.--A State authorized to issue
electronic stamps may charge a reasonable fee to cover costs incurred
by the State and the Department of the Interior in issuing electronic
stamps under this Act, including costs of delivery of actual stamps.
(d) Duplicate Electronic Stamps.--A State authorized to issue
electronic stamps may issue a duplicate electronic stamp to replace an
electronic stamp issued by the State that is lost or damaged.
(e) Limitation on Authority To Require Purchase of State License.--
A State may not require that an individual purchase a State hunting
license as a condition of issuing an electronic stamp under this Act.
SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.
(a) Stamp Requirements.--The Secretary shall require an electronic
stamp issued by a State under this Act--
(1) to have the same format as any other license,
validation, or privilege the State issues under the automated
licensing system of the State; and
(2) to specify identifying features of the licensee that
are adequate to enable Federal, State, and other law
enforcement officers to identify the holder.
(b) Recognition of Electronic Stamp.--Any electronic stamp issued
by a State under this Act shall, during the effective period of the
electronic stamp--
(1) bestow upon the licensee the same privileges as are
bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory
bird hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in
any other State, in accordance with the laws of the other State
governing that hunting.
(c) Duration.--An electronic stamp issued by a State shall be valid
for a period agreed to by the State and the Secretary, which shall not
exceed 45 days.
SEC. 7. TERMINATION OF STATE PARTICIPATION.
The authority of a State to issue electronic stamps under this Act
may be terminated--
(1) by the Secretary, if the Secretary--
(A) finds that the State has violated any of the
terms of the application of the State approved by the
Secretary under section 4; and
(B) provides to the State written notice of the
termination by not later than the date that is 30 days
before the date of termination; or
(2) by the State, by providing written notice to the
Secretary by not later than the date that is 30 days before the
termination date.
Passed the House of Representatives January 23, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Permanent Electronic Duck Stamp Act of 2012 - Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps.
Sets forth state electronic duck stamp application requirements. Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program.
Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state. | {"src": "billsum_train", "title": "To grant the Secretary of the Interior permanent authority to authorize States to issue electronic duck stamps, and for other purposes."} | 1,690 | 98 | 0.637234 | 1.610381 | 0.511744 | 3.166667 | 17.344444 | 0.922222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Environmental Education
Amendments Act of 1998''.
SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION.
Section 4 of the National Environmental Education Act (20 U.S.C.
5503) is amended--
(1) in subsection (b)--
(A) in paragraph (1) by inserting after ``support''
the following: ``balanced and scientifically sound'';
(B) by striking paragraph (6);
(C) by redesignating paragraphs (7) through (13) as
paragraphs (6) through (12), respectively; and
(D) in paragraph (12) (as so redesignated), by
inserting before the period the following: ``through
the headquarters and the regional offices of the
Agency''; and
(2) by striking subsection (c) and inserting the following:
``(c) Staff.--The Office of Environmental Education shall--
``(1) include a headquarters staff of not more than 10
full-time equivalent employees; and
``(2) be supported by 1 full-time equivalent employee in
each Agency regional office.
``(d) Activities.--The Administrator may carry out the activities
specified in subsection (b) directly or through awards of grants,
cooperative agreements, or contracts.''.
SEC. 3. ENVIRONMENTAL EDUCATION GRANTS.
Section 6 of the National Environmental Education Act (20 U.S.C.
5505) is amended--
(1) in the second sentence of subsection (i), by striking
``25 percent'' and inserting ``15 percent''; and
(2) by adding at the end the following:
``(j) Lobbying Activities.--A grant under this section may not be
used to support a lobbying activity (as described in the documents
issued by the Office of Management and Budget and designated as OMB
Circulars No. A-21 and No. A-122).
``(k) Guidance Review.--Before the Administrator issues any
guidance to grant applicants, the guidance shall be reviewed and
approved by the Science Advisory Board of the Agency.''.
SEC. 4. ENVIRONMENTAL INTERNSHIPS AND FELLOWSHIPS.
(a) In General.--The National Environmental Education Act is
amended--
(1) by striking section 7 (20 U.S.C. 5506); and
(2) by redesignating sections 8 through 11 (20 U.S.C. 5507
through 5510) as sections 7 through 10, respectively.
(b) Conforming Amendments.--The National Environmental Education
Act is amended--
(1) in the table of contents in section 1(b) (20 U.S.C.
prec. 5501)--
(A) by striking the item relating to section 7; and
(B) by redesignating the items relating to sections
8 through 11 as items relating to sections 7 through
10, respectively;
(2) in section 4(b) (20 U.S.C. 5503(b))--
(A) in paragraph (6) (as redesignated by section
2(1)(C)), by striking ``section 8 of this Act'' and
inserting ``section 7''; and
(B) in paragraph (7) (as so redesignated), by
striking ``section 9 of this Act'' and inserting
``section 8'';
(3) in section 6(c)(3) (20 U.S.C. 5505(c)(3)), by striking
``section 9(d) of this Act'' and inserting ``section 8(d)'';
(4) in the matter preceding subsection (c)(3)(A) of section
9 (as redesignated by subsection (a)(2)), by striking ``section
10(a) of this Act'' and inserting ``subsection (a)''; and
(5) in subsection (c)(2) of section 10 (as redesignated by
subsection (a)(2)), by striking ``section 10(d) of this Act''
and inserting ``section 9(d)''.
SEC. 5. NATIONAL EDUCATION AWARDS.
Section 7 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended to read as follows:
``SEC. 7. NATIONAL EDUCATION AWARDS.
``The Administrator may provide for awards to be known as the
`President's Environmental Youth Awards' to be given to young people in
grades kindergarten through 12 for outstanding projects to promote
local environmental awareness.''.
SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY COUNCIL AND TASK FORCE.
Section 8 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended--
(1) in subsection (b)(2), by striking the first and second
sentences and inserting the following: ``The Advisory Council
shall consist of not more than 11 members appointed by the
Administrator after consultation with the Secretary. To the
extent practicable, the Administrator shall appoint to the
Advisory Council at least 1 representative from each of the
following sectors: primary and secondary education; colleges
and universities; not-for-profit organizations involved in
environmental education; State departments of education and
natural resources; business and industry; and senior
Americans.'';
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Membership.--Membership on the Task Force shall be
open to representatives of any Federal agency actively engaged
in environmental education.''; and
(3) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Biennial meetings.--The Advisory Council shall hold a
biennial meeting on timely issues regarding environmental
education and issue a report and recommendations on the
proceedings of the meeting.''.
SEC. 7. NATIONAL ENVIRONMENTAL LEARNING FOUNDATION.
(a) Change in Name.--
(1) In general.--The first sentence of subsection (a)(1)(A)
of section 9 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended by striking
``National Environmental Education and Training Foundation''
and inserting ``National Environmental Learning Foundation''.
(2) Conforming amendments.--The National Environmental
Education Act (20 U.S.C. 5501 et seq.) is amended--
(A) in the item relating to section 9 (as
redesignated by section 4(b)(1)(B)) of the table of
contents in section 1(b) (20 U.S.C. prec. 5501), by
striking ``National Environmental Education and
Training Foundation'' and inserting ``National Environmental Learning
Foundation'';
(B) in section 3 (20 U.S.C. 5502)--
(i) by striking paragraph (12) and
inserting the following:
``(12) Foundation.--`Foundation' means the National
Environmental Learning Foundation'' established by section 9;
and''; and
(ii) in paragraph (13), by striking
``National Environmental Education and Training
Foundation'' and inserting ``National
Environmental Learning Foundation'';
(C) in the heading of section 9 (as redesignated by
section 4(a)(2)), by striking ``national environmental
education and training foundation'' and inserting
``national environmental learning foundation''; and
(D) in subsection (c) of section 10 (as
redesignated by section 4(a)(2)), by striking
``National Environmental Education and Training
Foundation'' and inserting ``National Environmental
Learning Foundation''.
(b) Board of Directors; Number of Directors.--The first sentence of
subsection (b)(1)(A) of section 9 of the National Environmental
Education Act (as redesignated by section 4(a)(2)) is amended by
striking ``13'' and inserting ``19''.
(c) Acknowledgment of Donations.--Section 9(d) of the National
Environmental Education Act (as redesignated by section 4(a)(2)) is
amended by striking paragraph (3) and inserting the following:
``(3) Acknowledgment of donors.--The Foundation may
acknowledge receipt of donations by means of a listing of the
names of donors in materials distributed by the Foundation, but
any such acknowledgment--
``(A) shall not appear in educational material to
be presented to students; and
``(B) shall not identify a donor by means of a
logo, letterhead, or other corporate commercial symbol,
slogan, or product.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended by striking subsections (a)
and (b) and inserting the following:
``(a) In General.--There are authorized to be appropriated to the
Environmental Protection Agency to carry out this Act $10,000,000 for
each of fiscal years 1999 through 2004.
``(b) Limitations.--
``(1) In general.--Subject to paragraph (2), of the amounts
appropriated under subsection (a) for a fiscal year--
``(A) not more than 25 percent may be used for the
activities of the Office of Environmental Education;
``(B) not more than 25 percent may be used for the
operation of the environmental education and training
program;
``(C) not less than 40 percent shall be used for
environmental education grants; and
``(D) 10 percent shall be used for the National
Environmental Learning Foundation.
``(2) Administrative expenses.--Of the amounts made
available under paragraph (1) for a fiscal year for the
activities of the Office of Environmental Education, not more
than 25 percent may be used for administrative expenses.
``(c) Expense Report.--As soon as practicable after the end of each
fiscal year, the Administrator shall submit to Congress a report
stating in detail the items on which funds appropriated for the fiscal
year were expended.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect as of the later
of--
(1) October 1, 1998; or
(2) the date of enactment of this Act. | National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound.
(Sec. 2) Requires that implementation of the Act be through EPA. Eliminates requirements for a Director of the Office and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts.
(Sec. 3) Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits the use of grants for certain lobbying activities.
Requires the EPA Science Advisory Board to review and approve any guidance by the EPA Administrator before it is issued to applicants for such grants.
(Sec. 4) Repeals the authority for environmental internships and fellowships.
(Sec. 5) Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards.
(Sec. 6) Revises requirements for membership on the National Environmental Education Advisory Council. Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Repeals specific requirements for contents of Advisory Council reports.
(Sec. 7) Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation. Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Allows acknowledgement of donors, but prohibits such acknowledgement from: (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product.
(Sec. 8) Extends through FY 2004 the authorization of appropriations to the EPA for such Act. Revises funding limitations. Limits to 25 percent the amount available for administrative costs.
Directs the EPA Administrator to report on expenses annually to the Congress. | {"src": "billsum_train", "title": "National Environmental Education Amendments Act of 1998"} | 2,253 | 501 | 0.541099 | 1.731577 | 0.725589 | 2.221968 | 4.597254 | 0.79405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Freedom of Choice Act of
1997''.
SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE
PLANNING PROCESS.
(a) Medicare Requirement.--Section 1861(ee)(2) of the Social
Security Act (42 U.S.C. 1395x(ee)(2)) is amended--
(1) in subparagraph (D), by inserting before the period the
following: ``, including the availability of those services
through individuals and entities that participate in the
program under this title and that serve the area in which the
patient resides and that request to be listed by the hospital
as available''; and
(2) by adding at the end the following:
``(H) Consistent with section 1802, the discharge plan
shall--
``(i) not specify or otherwise limit the qualified
provider which may provide post-hospital care, and
``(ii) identify (in a form and manner specified by
the Secretary) any provider (to whom the individual is
referred) in which the hospital has a disclosable
financial interest (as specified by the Secretary
consistent with section 1866(a)(1)(R)) or which has
such an interest in the hospital.''.
(b) Requirement for Medicaid Funding.--Section 1903(i) of such Act
(42 U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``; or'', and
(3) by inserting after paragraph (15) the following new
paragraph:
``(16) with respect to any amount expended for inpatient
hospital services of a hospital unless the hospital has in
place a discharge planning process that meets the requirements
of section 1861(ee) with respect to individuals entitled to
medical assistance under this title in the same manner as such
requirements otherwise apply to individuals entitled to
benefits under title XVIII.''.
(c) Additional Enforcement Through Civil Money Penalties.--Section
1128A(b) of such Act (42 U.S.C. 1320a-7a(b)) is amended by adding at
the end the following new paragraph:
``(4) Any hospital that participates in the program under title
XVIII or XIX and that fails to comply with the discharge planning
process described in section 1861(ee)(2) either--
``(A) by failing to list participating individuals and
entities requested to be listed under subparagraph (D) of such
section, or
``(B) by violating subparagraph (H) of such section,
shall be subject, in addition to any other penalties that may be
prescribed by law, to a civil money penalty of not more than $10,000
for each such violation.''.
(d) Effective Dates.--The amendments made by subsection (a) shall
apply to discharges occurring on or after 90 days after the date of the
enactment of this Act. The amendments made by subsection (b) shall
apply to expenditures for inpatient hospital services with respect to
discharges occurring on or after 90 days after the date of the
enactment of this Act. The amendments made by subsection (c) shall
apply to failures and violations occurring on or after 90 days after
the date of the enactment of this Act.
SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL
SERVICE PROVIDERS.
(a) Medicare Requirement.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (P),
(2) by striking the period at the end of subparagraph (Q),
and
(3) by adding at the end the following:
``(R) in the case of a hospital that has a financial
interest (as specified by the Secretary in regulations) in a
provider of post-hospital services (including an entity that
furnishes durable medical equipment), or in which such a
provider has such a financial interest, or in which another
entity has such a financial interest (directly or indirectly)
with such hospital and such a provider, to maintain and
disclose to the Secretary (in a form and manner specified by
the Secretary) information on--
``(i) the nature of such financial interest,
``(ii) the number of individuals who were discharged from
the hospital and who were identified as requiring the type of
post-hospital services provided by such provider, and
``(iii) the percentage of such individuals who received
such services from such provider (or another such provider).''.
(b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such
Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended--
(1) by striking ``(A)'' after ``unless'', and
(2) by inserting before the period at the end the
following: ``, and (B) the hospital is complying with the
requirements of section 1866(a)(1)(R)''.
(c) Disclosure of Information to the Public.--Title XI of such Act
is amended by inserting after section 1145 the following new section:
``public disclosure of certain information on hospital financial
interest and referral patterns
``Sec. 1146. The Secretary shall make available to the public, in a
form and manner specified by the Secretary, information disclosed to
the Secretary pursuant to section 1866(a)(1)(R) or section
1903(i)(16).''.
(d) Effective Date.--The Secretary of Health and Human Services
shall issue regulations by not later than 1 year after the date of the
enactment of this Act to carry out the amendments made by this section
and such amendments shall take effect as of such date (on or after the
issuance of such regulations) as the Secretary specifies in such
regulations. | Patient Freedom of Choice Act of 1997 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. Provides for additional enforcement of such requirement through civil money penalties.
Amends SSA title XI to provide for disclosure of certain information on hospital financial interest and referral patterns to the Secretary of Health and Human Services, who shall in turn make such information public. | {"src": "billsum_train", "title": "Patient Freedom of Choice Act of 1997"} | 1,387 | 131 | 0.524246 | 1.326689 | 0.631683 | 2.621849 | 10.033613 | 0.87395 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Superfund Liability
Relief Act of 1999''.
SEC. 2. SMALL PARTY LIABILITY RELIEF UNDER SUPERFUND.
(a) Liability Exemption.--Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is amended by adding at the end the following new
subsection:
``(o) Small Party Liability Relief.--(1) Notwithstanding paragraphs
(1) through (4) of subsection (a), a person who does not impede the
performance of a response action or natural resource restoration at a
facility or vessel shall not be liable to the extent liability at such
facility or vessel is based solely on paragraph (3) or (4) of
subsection (a), and the person arranged for disposal, treatment, or
transport for disposal or treatment of only municipal solid waste or
sewage sludge owned or possessed by such person, or accepted for
transport for disposal or treatment only municipal solid waste or
sewage sludge, and the person is--
``(A) the owner, operator, or lessee of the residential
property which is the source of the municipal solid waste or
sewage sludge;
``(B) a small business; or
``(C) a small non-profit organization.
``(2) This subsection shall have no effect on the liability of any
other person.''.
(b) Small Business Defined.--Section 101 of such Act (42 U.S.C.
9601) is amended by adding at the end the following new paragraph:
``(39) Small business.--The term `small business' refers to
any business entity that employs no more than 100 individuals
and is a `small business concern' as defined under the Small
Business Act (15 U.S.C. 631 et seq.).''.
SEC. 3. INNOCENT LANDOWNERS.
(a) Environmental Site Assessment.--Section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607) is further amended by adding at the end the
following new subsection:
``(p) Innocent Landowners.--
``(1) Conduct of environmental assessment.--A person who
has acquired real property after April 15, 1994, shall have
made all appropriate inquiry within the meaning of subparagraph
(B) of section 101(35) only if such person establishes that,
within 180 days prior to the time of acquisition, an
environmental site assessment of the real property was
conducted which meets the requirements of paragraph (2).
``(2) Definition of environmental site assessment.--For
purposes of this subsection, the term `environmental site
assessment' means an assessment conducted in accordance with
the standards set forth in the American Society for Testing and
Materials (ASTM) Standard E1527-94, titled `Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process' or with alternative standards issued by
rule by the Administrator or promulgated or developed by others
and designated by rule by the Administrator. Before issuing or
designating alternative standards, the Administrator shall
first conduct a study of commercial and industrial practices
concerning environmental site assessments in the transfer of
real property in the United States. Any such standards issued
or designated by the Administrator shall also be deemed to
constitute commercially reasonable and generally accepted
standards and practices for purposes of this title. In issuing
or designating any such standards, the Administrator shall
consider requirements governing each of the following:
``(A) Interviews of owners, operators, and
occupants of the property to determine information
regarding the potential for contamination.
``(B) Review of historical sources as necessary to
determine previous uses and occupancies of the property
since the property was first developed. For purposes of
this subparagraph, the term `historical sources' means
any of the following, if they are reasonably
ascertainable: recorded chain of title documents
regarding the real property, including all deeds,
easements, leases, restrictions, and covenants, aerial
photographs, fire insurance maps, property tax files,
USGS 7.5 minutes topographic maps, local street
directories, building department records, zoning/land
use records, and any other sources that identify past
uses and occupancies of the property.
``(C) Determination of the existence of recorded
environmental cleanup liens against the real property
which have arisen pursuant to Federal, State, or local
statutes.
``(D) Review of reasonably ascertainable Federal,
State, and local government records of sites or
facilities that are likely to cause or contribute to
contamination at the real property, including, as
appropriate, investigation reports for such sites or
facilities; records of activities likely to cause or
contribute to contamination at the real property,
including landfill and other disposal location records,
underground storage tank records, hazardous waste
handler and generator records and spill reporting
records; and such other reasonably ascertainable
Federal, State, and local government environmental
records which could reflect incidents or activities
which are likely to cause or contribute to
contamination at the real property.
``(E) A visual site inspection of the real property
and all facilities and improvements on the real
property and a visual inspection of immediately
adjacent properties, including an investigation of any
hazardous substance use, storage, treatment, and
disposal practices on the property.
``(F) Any specialized knowledge or experience on
the part of the landowner.
``(G) The relationship of the purchase price to the
value of the property if uncontaminated.
``(H) Commonly known or reasonably ascertainable
information about the property.
``(I) The obviousness of the presence or likely
presence of contamination at the property, and the
ability to detect such contamination by appropriate
investigation.
If a copy or reasonable facsimile of a record is publicly
available by request (within reasonable time and cost
constraints) and the record is practically reviewable, the
record shall be considered to be reasonably ascertainable for
purposes of this paragraph.
``(3) Appropriate inquiry.--A person shall not be treated
as having made all appropriate inquiry under paragraph (1)
unless--
``(A) the person has maintained a compilation of
the information reviewed and gathered in the course of
the environmental site assessment;
``(B) the person exercised appropriate care with
respect to hazardous substances found at the facility
by taking reasonable steps to stop on-going releases,
prevent threatened future releases of hazardous
substances, and prevent or limit human or natural
resource exposure to hazardous substances previously
released into the environment; and
``(C) the person provides full cooperation,
assistance, and facility access to persons authorized
to conduct response actions or natural resource
restoration at the facility, including the cooperation
and access necessary for the installation, integrity,
operation, and maintenance of any complete or partial
response action or natural resource restoration at the
facility.''.
(b) Exception.--Section 107(b)(3)(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9606(b)(3)(a)) is amended by inserting ``(except as provided in
subsection (p))'' after ``exercised due care''.
(c) Conforming Amendments.--Section 101(35) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(35)) is amended--
(1) in subparagraph (A), by striking ``, unless the real
property'' and inserting ``. A defendant owner or operator of a
facility may only assert under section 107(b)(3) that an act or
ommission of a previous owner or operator of that facility did
not occur in connection with a contractual relationship if the
real property''; and
(2) in subparagraph (B)--
(A) by inserting ``(as specified in section
107(p))'' after ``all appropriate inquiry''; and
(B) by striking ``For purposes of the preceding
sentence'' and inserting ``For purposes of the
application of the preceding sentence to acquisitions
occurring on or before April 15, 1994,''.
SEC. 4. LIMITATIONS ON LIABILITY FOR RESPONSE COSTS FOR PROSPECTIVE
PURCHASERS.
(a) Limitations on Liability.--Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is further amended by adding at the end the following new
subsection:
``(q) Limitations on Liability for Prospective Purchasers.--To the
extent the liability of a person, with respect to a release or the
threat of a release from a facility, is based solely on subsection
(a)(1), the person shall not be liable under this Act if the person--
``(1) is a bona fide prospective purchaser of the facility
or an operator of a facility owned by such a bona fide
prospective purchaser;
``(2) does not impede the performance of any response
action or natural resource restoration at a facility;
``(3) provided all legally required notices with respect to
the discovery or release of any hazardous substances at the
facility;
``(4) exercised appropriate care with respect to hazardous
substances found at the facility by taking reasonable steps
to--
``(A) stop ongoing releases;
``(B) prevent threatened future releases of
hazardous substances; and
``(C) prevent or limit human or natural resource
exposure to hazardous substances previously released
into the environment;
``(5) provides full cooperation, assistance, and facility
access to such persons as are authorized to conduct response
actions at the facility, including the cooperation and access
necessary for the installation, integrity, operation, and
maintenance of any complete or partial response action at the
facility; and
``(6) is not liable, or is not affiliated with any other
person that is liable, for response costs at the facility,
through any direct or indirect familial relationship, or any
contractual, corporate, or financial relationship other than
that created by the instruments by which title to the facility
is conveyed or financed.''.
(b) Prospective Purchaser and Windfall Lien.--Section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (as amended by subsection (a)) is amended by adding after
subsection (q) the following new subsection:
``(r) Prospective Purchaser and Windfall Lien.--
``(1) In general.--In any case in which the United States
has incurred unrecovered costs of response not inconsistent
with the National Contingency Plan at a facility for which an
owner of the facility is not liable by reason of subsection
(q), and the conditions described in paragraph (3) are met, the
United States shall have a lien on the facility, or may obtain,
from the appropriate responsible party or parties, a lien on
other property or other assurances of payment satisfactory to
the Administrator, for the unrecovered costs.
``(2) Amount; duration.--The lien--
``(A) shall be for an amount not to exceed the
lesser of the amount of the United States costs of
response not inconsistent with the National Contingency
Plan or the amount of the increase in fair market value
of the property attributable to the response action at
the time of a subsequent sale or other disposition of
the property;
``(B) shall arise at the time costs are first
incurred by the United States with respect to a
response action at the facility;
``(C) shall be subject to the requirements for
notice and validity specified in subsection (l)(3); and
``(D) shall continue until the earlier of
satisfaction of the lien or recovery of all United
States costs of response not inconsistent with the
National Contingency Plan incurred at the facility,
notwithstanding any statute of limitations provided in
section 113.
Nothing in this subsection prevents the United States and a
purchaser from entering into a settlement at any time that
extinguishes a lien under this subsection.
``(3) Conditions.--The conditions referred to in paragraph
(1) are the following:
``(A) Response action.--An action for which the
United States has incurred unrecovered costs of
response not inconsistent with the National Contingency
Plan is carried out at the facility.
``(B) Fair market value.--The response action
increases the fair market value of the facility.''.
(c) Definition of Bona Fide Prospective Purchaser.--Section 101 of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the
following:
``(40) Bona fide prospective purchaser.--The term `bona
fide prospective purchaser' means a person who acquires
ownership of a facility after the date of enactment of the
Common Sense Superfund Liability Relief Act of 1999 who can
establish each of the following by a preponderance of the
evidence:
``(A) Disposal prior to acquisition.--All active
disposal of hazardous substances at the facility
occurred before the person acquired the facility.
``(B) Inquiry.--
``(i) In general.--The person made all
appropriate inquiry as provided in section
101(35)(B) into the previous ownership and uses
of the facility in accordance with generally
accepted good commercial and customary
standards and practices.
``(ii) Standards.--The ASTM standards
described in section 107(p)(2) or the
alternative standards issued or designated by
the President pursuant to that section shall
satisfy the requirements of this subparagraph.
``(iii) Residential property.--In the case
of property in residential or other similar use
at the time of purchase by a nongovernmental or
noncommercial entity, a site inspection and
title search that reveal no basis for further
investigation shall satisfy the requirements of
this subparagraph.''.
``(C) Notices.--The person provided all legally
required notices with respect to the discovery or
release of any hazardous substances at the facility.
``(D) Care.--The person exercised appropriate care
with respect to hazardous substances found at the
facility by taking reasonable steps to--
``(i) stop ongoing releases;
``(ii) prevent threatened future releases
of hazardous substances; and
``(iii) prevent or limit human or natural
resource exposure to hazardous substances
previously released into the environment.
``(E) Cooperation, assistance, and access.--The
person provides full cooperation, assistance, and
facility access to such persons as are authorized to
conduct response actions at the facility, including the
cooperation and access necessary for the installation,
integrity, operation, and maintenance of any complete
or partial response action at the facility.
``(F) Relationship.--The person is not liable, or
is not affiliated with any other person that is
potentially liable, for response costs at the facility,
through any direct or indirect familial relationship,
or any contractual, corporate, or financial
relationship other than that created by the instruments
by which title to the facility is conveyed or
financed.''. | Adds provisions related to defenses to liability of an owner of property acquired after April 15, 1994, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator of the Environmental Protection Agency) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions.
Absolves from liability for response actions certain bona fide prospective purchasers or operators of facilities owned by such purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States in any case in which there are unrecovered response costs not inconsistent with the National Contingency Plan incurred by the United States for which the owner is not liable by reason of this section and the action increases the facility's fair market value. | {"src": "billsum_train", "title": "Common Sense Superfund Liability Relief Act of 1999"} | 3,339 | 247 | 0.451858 | 1.383028 | 0.670641 | 2.443925 | 14.411215 | 0.873832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Students Taking Action for Road
Safety Act of 2010'' or ``STARS Act of 2010''.
SEC. 2. TEEN DRIVER SAFETY PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
and implement a teen traffic safety grant program under which the
Secretary shall make grants to States to implement a statewide program
to improve the traffic safety of teen drivers.
(b) Purpose.--The purpose of the program is to support peer-to-peer
education and prevention strategies in schools and communities to
increase safety belt use and reduce speeding, impaired and distracted
driving, underage drinking, and other destructive decisions among teen
drivers that lead to injuries and fatalities.
(c) Application.--Any State desiring a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
(d) Eligible Activities.--A State may use funds from a grant under
this section to implement a statewide program to improve traffic safety
of teen drivers, including activities such as--
(1) working with student-led groups and advisors from
schools to plan and implement teen traffic safety programs;
(2) providing subgrants to schools throughout the State to
support the establishment and expansion of student groups
focused on teen traffic safety;
(3) providing support, training, and technical assistance
to establish and expand school and community safety programs
for teen drivers;
(4) creating statewide or regional Web sites to publicize
and circulate information on teen safety programs;
(5) conducting outreach and providing educational resources
for parents;
(6) establishing State or regional advisory councils
comprised of teen drivers to provide input and recommendations
to the governor and governor's safety representative on issues
related to the safety of teen drivers;
(7) collaborating with law enforcement;
(8) organizing and hosting State and regional conferences
for teen drivers;
(9) establishing partnerships and promoting coordination
among community stakeholders, including public, not-for-profit,
and for-profit entities; and
(10) funding a position of coordinator for the teen safety
program in the State or region.
(e) Grant Amount.--The amount of a grant available to a State under
this section shall be based on a formula administered by the Secretary.
In administering the formula, the Secretary shall consider the number
of teen drivers in each State, except that no State that applies for a
grant under this section shall receive less than $200,000 annually.
(f) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, Federal and non-
Federal funds available for carrying out the activities described in
this section.
(g) Suballocation of Funds.--An agency of a State that receives a
grant under this section may suballocate grant funds to one or several
nonprofit organizations to carry out the program under this section.
(h) Technical Assistance Center and Clearinghouse.--
(1) Establishment of center.--From funds provided under
subsection (c), the Secretary may use up to $500,000 to
contract with a national, nonprofit organization to provide
training and technical assistance to State and local officials,
student leaders, school advisors, and other entities associated
with the grant program established in this section.
(2) Use of funds.--The center may use funds for training,
communications, publications, conferences, meetings and other
assistance considered appropriate to develop and sustain a
statewide program to improve traffic safety of teen drivers.
(3) Clearinghouse.--The center may operate a national teen
traffic safety clearinghouse to develop information and
resources for improving the health and safety of teen drivers,
disseminate techniques and strategies used for successful teen
safety programs, and develop and carry out a public awareness
campaign related to the safety of teen drivers.
(i) Authorization of Appropriations.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $25,000,000 for each of fiscal years
2011 through 2015.
SEC. 3. TEEN DRIVER ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish the National Teen
Driver Advisory Council which shall be comprised of teen drivers and
leaders in teen traffic safety.
(b) Strategy and Report.--
(1) Strategy.--The Council, working with teen drivers and
leaders in teen traffic safety, including representatives of
appropriate Federal agencies, shall study and develop an
education and prevention strategy for reducing injuries and
fatalities for teen drivers.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report containing the
results of the study conducted by the Council and a description
of the strategy developed.
SEC. 4. DEFINITIONS.
In this Act the following definitions apply:
(1) The term ``Secretary'' means the Secretary of
Transportation.
(2) The term ``teen driver'' means a driver under the age
of 21.
(3) The term ``teen traffic safety program'' includes peer-
to-peer education and prevention strategies in schools and
communities to increase safety belt use and reduce speeding,
impaired and distracted driving, underage drinking, and other
destructive decisions among teen drivers that lead to injuries
and fatalities. | Students Taking Action for Road Safety Act of 2010 or STARS Act of 2010 - Directs the Secretary of Transportation to establish a teen traffic safety grant program to make formula grants to states to implement statewide programs to improve the traffic safety of teen drivers.
Authorizes a state to use grant funds to implement a statewide program to improve the traffic safety of teen drivers, including activities to support peer-to-peer education and prevention strategies in schools and communities to increase safety belt use and reduce speeding, impaired and distracted driving, underage drinking, and other destructive teen driver decisions that lead to injuries and fatalities.
Authorizes the Secretary to contract with a national, nonprofit organization (center) to provide training and technical assistance to state and local officials, student leaders, school advisors, and other entities associated with the grant program. Authorizes the center to operate a national teen traffic safety clearinghouse.
Directs the Secretary to establish the National Teen Driver Advisory Council to study and develop an education and prevention strategy to reduce teen driver injuries and fatalities. | {"src": "billsum_train", "title": "To establish a grant program in the Department of Transportation to improve the traffic safety of teen drivers."} | 1,185 | 232 | 0.740628 | 1.998854 | 1.027984 | 5.417085 | 5.482412 | 0.974874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategic Communication Act of
2005''.
SEC. 2. ESTABLISHMENT OF CENTER FOR STRATEGIC COMMUNICATION.
(a) Findings.--Congress finds the following:
(1) The ability of the United States to credibly
communicate to populations throughout the world is critical for
achieving national objectives and is essential for improving
national security and foreign policy.
(2) Strategic communication describes a variety of
instruments used by governments to understand global attitudes
and cultures, to engage in a dialogue of ideas between peoples
and institutions, to advise policymakers, diplomats, and
military leaders on the public opinion implications of policy
choices, and to influence attitudes and behavior through
communications strategies.
(3) There have been dramatic changes in the world--changes
in technology, changes in religious, ethnic, and regional
conflicts, and changes in economic, political, and military
relationships. These dramatic changes necessitate that the
departments and agencies within the Federal Government
responsible for national security and homeland security work
more closely together so they may function more effectively.
(4) Since 2001, more than 15 private sector and
congressional reports have examined public diplomacy, with each
coming to the conclusion that United States efforts in public
diplomacy, a subset of strategic communication, are lacking in
leadership, strategic direction, interagency coordination, and
a culture of measurement and evaluation. Specifically, the
Defense Science Board Task Force on Strategic Communication
concluded that ``United States strategic communication must be
transformed.''.
(b) Center for Strategic Communication.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall solicit
from organizations whose primary role is research and analysis
related to national security and foreign policy offers to
establish a Center for Strategic Communication (in this Act
referred to as the ``Center'') within such organizations. The
Secretary shall select from among such offers one organization
to establish the Center.
(2) Tax exempt requirement.--To be eligible to make an
offer under this subsection, an organization shall be an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
(c) Duties.--The Center shall have the following duties:
(1) Provide information and analysis on a regular basis to
civilian and military decisionmakers in the Department of
State, the Department of Defense, the Department of Justice,
the Department of Homeland Security, and the Director of
National Intelligence on issues vital to United States national
security and foreign policy to enhance the ability of such
decisionmakers to make informed decisions regarding the
following:
(A) Global public opinion.
(B) The role of culture, values, and religion in
shaping human behavior.
(C) Media trends and influences on audiences.
(D) Information technologies.
(E) The implications of all source intelligence
assessments.
(F) Such other subject matters or issues as such
decisionmakers request.
(2) Develop plans, themes, products, and programs for the
creation and implementation of United States communications
strategies that promote diplomatic opportunities, provide a
positive view of the United States, and respond to national
security threats.
(3) Support government-wide strategic communication through
services provided on a cost-recovery basis. Such services
shall--
(A) use, whenever possible, nongovernmental
entities to foster cross-cultural exchanges of ideas,
people, and information;
(B) maintain knowledge management systems, language
and skills inventories, and procedures to recruit
private sector experts for short term assignments; and
(C) develop and maintain the ability to deploy
temporary communications teams to augment planning,
recruitment, and training for strategic communication
within the Federal Government.
(4) Develop tools and techniques to monitor and evaluate
the effectiveness, efficiency, and message continuity of their
own operations and of government-wide strategic communication
initiatives to help adapt plans, themes, products, and programs
to meet current and anticipated requirements.
(5) Perform functions including--
(A) audience polling and analysis, including
analysis related to ethnographic, psychographic,
demographic, behavioral and tracking research, and
focus groups;
(B) cultural influence analysis, including analysis
related to values, religion, entertainment, and
education;
(C) analysis of media influences on audiences,
including analysis related to content analysis,
agendas, political and social tendencies, relevance and
credibility, and media organization structure,
ownership, and business models; and
(D) fostering cross-cultural exchanges of ideas,
peoples, and information.
(6) Contract with private sector and academic entities,
whenever possible, for a range of products and programs that
communicate strategic themes and messages to appropriate target
audiences, including themes and messages related to--
(A) respect for human dignity and individual
rights;
(B) individual education and economic opportunity;
and
(C) personal freedom, safety, and mobility.
(7) Mobilize nongovernment initiatives, including temporary
communication teams, coalition building partnerships, and
deployment of language-qualified global messengers.
(d) Liaison.--The Secretary of State shall designate an individual
from the Department of State to serve as a liaison between the
departments and agencies described in subsection (c)(1) and the Center.
(e) Funding.--From amounts appropriated to the Department of State
each fiscal year, $250,000,000 shall be made available to support the
administration of the Center and to fund work with private sector and
academic entities. Additional funding for projects and programs to be
carried out by the Center may be provided through contracts and task
orders entered into by departments and agencies of the Government.
SEC. 3. REPORT.
Not later than six months after the date of the enactment of this
Act, the Secretary of State shall submit to Congress a report
describing the actions taken in accordance with this Act to strengthen
the Federal Government's strategic communication capability. The report
shall, at a minimum, contain the following information:
(1) A description of the efforts taken to understand global
public opinion, the strategic implications of policymaking, and
engage in more effective communication with global audiences.
(2) A description of the efforts taken to coordinate the
components of strategic communication, including components
related to public diplomacy, public affairs, international
broadcasting, and military information operations.
(3) Recommendations for additional statutory changes to
improve the public diplomacy capabilities of the United States.
(4) An examination of the feasibility of establishing a
strategic communication organization within the National
Security Council to coordinate the efforts of the Center.
(5) Recommendations for elevating officials of the
Department of State who are responsible for matters relating to
public diplomacy and public affairs to the levels of Deputy
Assistant Secretary of State or Senior Advisor to the Assistant
Secretary.
(6) Recommendations for elevating the Coordinator of the
Bureau of International Information Programs to Assistant
Secretary of State. | Strategic Communication Act of 2005 - Directs the Secretary of State to solicit from tax-exempt national security and foreign policy research organizations offers to establish a Center for Strategic Communication, and select one organization to establish such Center.
Includes among Center duties: (1) provision of information and analysis to the Department of State, the Department of Defense (DOD), the Department of Justice, the Department of Homeland Security, and the Director of National Intelligence on U.S. security and foreign policy issues; (2) development of U.S. communications strategies and monitoring techniques; (3) support of government-wide strategic communication through services provided on a cost-recovery basis; (4) contracting with private sector and academic entities; and (5) mobilization of nongovernment initiatives. | {"src": "billsum_train", "title": "To improve the conduct of strategic communication by the Federal Government."} | 1,448 | 157 | 0.613362 | 1.863668 | 0.920871 | 3.857143 | 9.891156 | 0.931973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retiree Continuation Coverage Act of
1995''.
SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE.
(a) Public Health Service Act.--
(1) Period of coverage.--Section 2202(2)(A) of the Public
Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended by
adding at the end thereof the following new clause:
``(v) Qualifying event involving
substantial reduction or elimination of a
retiree group health plan.--In the case of an
event described in section 2203(6), the date on
which such covered qualified beneficiary
becomes entitled to benefits under title XVIII
of the Social Security Act.''.
(2) Qualifying event.--Section 2203 of the Public Health
Service Act (42 U.S.C. 300bb-3) is amended by adding at the end
thereof the following new paragraph:
``(6) The substantial reduction or elimination of group
health coverage as a result of plan changes or termination with
respect to a qualified beneficiary described in section
2208(3)(A).''.
(3) Notice.--Section 2206 of the Public Health Service Act
(42 U.S.C. 300bb-6) is amended--
(A) in paragraph (2), by striking ``or (4)'' and
inserting ``(4), or (6)''; and
(B) in paragraph (4)(A), by striking ``or (4)'' and
inserting ``(4), or (6)''.
(4) Definition.--Section 2208(3) of the Public Health
Service Act (42 U.S.C. 300bb-8(3)) is amended by adding at the
end thereof the following new subparagraph:
``(C) Special rule for retirees.--In the case of a
qualifying event described in section 2203(6), the term
`qualified beneficiary' includes a covered employee who
had retired on or before the date of substantial
reduction or elimination of coverage and any other
individual who, on the day before such qualifying
event, is a beneficiary under the plan--
``(i) as the spouse of the covered
employee;
``(ii) as the dependent child of the
covered employee; or
``(iii) as the surviving spouse of the
covered employee.''.
(b) Employee Retirement Income Security Act of 1974.--
(1) Period of coverage.--Section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A))
is amended by adding at the end thereof the following new
clause:
``(vi) Qualifying event involving
substantial reduction or elimination of a group
health plan covering retirees, spouses and
dependents.--In the case of an event described
in section 603(7), the date on which such
covered qualified beneficiary becomes entitled
to benefits under title XVIII of the Social
Security Act.''.
(2) Qualifying event.--Section 603 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1163) is
amended by adding at the end thereof the following new
paragraph:
``(7) The substantial reduction or elimination of group
health plan coverage as a result of plan changes or termination
with respect to a qualified beneficiary described in section
607(3)(C).''.
(3) Notice.--Section 606(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166) is amended--
(A) in paragraph (2), by striking ``or (6)'' and
inserting ``(6), or (7)''; and
(B) in paragraph (4)(A), by striking ``or (6)'' and
inserting ``(6), or (7)''.
(4) Definition.--Section 607(3)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1167(2)) is
amended by striking ``603(6)'' and inserting ``603(6) or
603(7)''.
(c) Internal Revenue Code of 1986.--
(1) Period of coverage.--Section 4980B(f)(2)(B)(i) of the
Internal Revenue Code of 1986 is amended by adding at the end
thereof the following new subclause:
``(VI) Qualifying event involving
substantial reduction or elimination of
a retiree group health plan.--In the
case of an event described in paragraph
(3)(G), the date on which such covered
qualified beneficiary becomes entitled
to benefits under title XVIII of the
Social Security Act.''.
(2) Qualifying event.--Section 4980B(f)(3) of the Internal
Revenue Code of 1986 is amended by adding at the end thereof
the following new subparagraph:
``(G) The substantial reduction or elimination of
group health coverage as a result of plan changes or
termination with respect to a qualified beneficiary
described in subsection (g)(1)(D).''.
(3) Notice.--Section 4980B(f)(6) of the Internal Revenue
Code of 1986 is amended--
(A) in subparagraph (B), by striking ``or (F)'' and
inserting ``(F), or (G)''; and
(B) in subparagraph (D)(i), by striking ``or (F)''
and inserting ``(F), or (G)''.
(4) Definition.--Section 4980B(g)(1)(D) of the Internal
Revenue Code of 1986 is amended by striking ``(f)(3)(F)'' and
inserting ``(f)(3)(F) or (f)(3)(G)''.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect as if enacted on January 1, 1995. | Retiree Continuation Coverage Act of 1995 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to extend group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare. | {"src": "billsum_train", "title": "Retiree Continuation Coverage Act of 1995"} | 1,324 | 122 | 0.509418 | 1.164476 | 0.554348 | 1.888889 | 11.212121 | 0.69697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Health Investment Today
Act'' or the ``PHIT Act.''
SEC. 2. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND
EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.
(a) In General.--Section 213(d)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting ``,
or'', and by adding at the end the following new subparagraph:
``(E) for qualified sports and fitness expenses.''.
(b) Qualified Sports and Fitness Expenses.--Section 213(d) of such
Code is amended by adding at the end the following paragraph:
``(12) Qualified sports and fitness expenses.--
``(A) In general.--The term `qualified sports and
fitness expenses' means amounts paid for--
``(i) membership at a fitness facility,
``(ii) participation or instruction in a
program of physical exercise or physical
activity, or
``(iii) safety equipment for use in a
program (including a self-directed program) of
physical exercise or physical activity.
``(B) Dollar limitations.--
``(i) Overall limitation.--The aggregate
amount treated as qualified sports and fitness
expenses with respect to any taxpayer for any
taxable year shall not exceed $500 (twice such
amount in the case of a joint return or a head
of household (as defined in section 2(b))).
``(ii) Safety equipment.--The amount
treated as qualified sports and fitness
expenses with respect to any item of safety
equipment described in subparagraph (A)(iii)
shall not exceed $250.
``(C) Certain exclusions.--
``(i) In general.--Golf, hunting, sailing,
and horseback riding shall not be treated as a
physical exercise or physical activity.
``(ii) Exercise videos, etc.--Qualified
sports and fitness expenses shall not include
videos, books, or similar materials.
``(D) Fitness facility defined.--For purposes of
subparagraph (A)(i), the term `fitness facility' means
a facility--
``(i) providing instruction in a program of
physical exercise or physical activity,
offering facilities for the preservation,
maintenance, encouragement, or development of
physical fitness, or serving as the site of
such a program of a State or local government,
``(ii) which is not a private club owned
and operated by its members,
``(iii) which does not offer facilities for
any activity described in subparagraph (C)(i),
``(iv) whose health or fitness facility is
not incidental to its overall function and
purpose, and
``(v) which is fully compliant with
applicable State and Federal anti-
discrimination laws.
``(E) Programs which include components other than
physical exercise and physical activity.--Rules similar
to the rules of paragraph (6) shall apply in the case
of any program that includes physical exercise or
physical activity and also other components. For
purposes of the preceding sentence, travel and
accommodations shall be treated as an other component.
``(F) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2019,
the $500 amount in subparagraph (B)(i) and the $250
amount in subparagraph (B)(ii) shall each be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year
begins, determined by substituting `calendar
year 2018' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any increase determined under the preceding sentence
is not a multiple of $10, such increase shall be
rounded to the next lowest multiple of $10.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018. | Personal Health Investment Today Act or the PHIT Act This bill amends the Internal Revenue Code to allow a medical care tax deduction for qualified sports and fitness expenses. The deduction applies to amounts paid for: (1) fitness facility memberships, (2) physical exercise or activity programs, and (3) safety equipment for use in a physical exercise or activity program. The overall deduction is limited to $500 per year (twice the amount in the case of a joint return or a head of household), and a deduction for safety equipment may not exceed $250. The bill requires the limits to be adjusted for inflation after 2019. The deduction does not include expenses for golf, hunting, sailing, horseback riding, and videos or books. | {"src": "billsum_train", "title": "Personal Health Investment Today Act"} | 986 | 147 | 0.57647 | 1.512651 | 0.660333 | 2.945578 | 5.802721 | 0.85034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fueling the U.S.A. Through Unlimited
Reliable Energy Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Economic prosperity and national security are closely
linked to an affordable and ample energy supply.
(2) Environmental quality is closely linked to energy
production and use.
(3) Population, worldwide economic development, energy
consumption, and stress on the environment are all expected to
increase substantially in the coming decades.
(4) The few energy options with the potential to meet
economic and environmental needs for the long-term future
should be pursued as part of a balanced national energy plan.
(5) Fusion energy is an attractive long-term energy source
due to virtually inexhaustible supply of fuel, its potential as
a substantial energy source requiring relatively little land
mass, and its promise of minimal environmental impact and
inherent safety.
(6) The National Research Council, the President's
Committee of Advisors on Science and Technology, and the
Secretary of Energy Advisory Board have each recently reviewed
the Fusion Energy Sciences Program and each strongly supports
the fundamental science and creative innovation of the program
and has confirmed that progress toward the goal of producing
practical fusion energy has been excellent, although much
scientific and engineering work remains to be done.
(7) Each of these reviews and United States fusion
scientists have stressed the need for a magnetic fusion burning
experiment to address key scientific issues and as a necessary
step in the development of fusion energy.
(8) Further, the United States fusion research community
has developed a strong consensus that the first option for
United States involvement in a burning plasma experiment should
be through the international experiment known as ``ITER'' and
that, should the ITER experiment fail to go forward, then the
construction of a domestic burning plasma experiment should be
pursued aggressively.
(9) The National Research Council has also called for a
broadening of the Fusion Energy Sciences Program research base
as a means to more fully integrate the fusion science community
into the broader scientific community.
(10) The Fusion Energy Sciences Program budget is
inadequate to support the necessary science and innovation for
the present generation of experiments, and cannot accommodate
the cost of participation in or construction of a burning
plasma experiment.
(11) The Department of Energy's Fusion Energy Sciences
Advisory Committee has been recently tasked with the
development of a plan to demonstrate the provision of fusion
power to the United States electric grid within 35 years.
Although this effort is to be commended, Congress finds that
the importance of the development of fusion energy warrants
that every effort be made to credibly accelerate this
timeframe.
SEC. 3. GOALS.
It shall be the goal of the United States to demonstrate electric
power and hydrogen production for the United States energy grid
utilizing a fusion energy device at the earliest date possible. It
shall also be the goal of the United States to develop the scientific,
engineering, and commercial infrastructure necessary to ensure that the
United States is wholly competitive with other nations in providing
fusion energy for its own needs and the needs of other nations.
SEC. 4. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.
(a) Declaration of Policy.--It shall be the policy of the United
States to conduct research, development, demonstration, and commercial
application activities to provide for the scientific, engineering, and
commercial infrastructure necessary to ensure that the United States is
competitive with other nations in providing fusion energy for its own
needs and the needs of other nations, including by demonstrating
electric power or hydrogen production for the United States energy grid
utilizing fusion energy at the earliest date possible.
(b) Fusion Energy Plan.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Energy shall transmit
to Congress a plan for carrying out the policy set forth in
subsection (a), including cost estimates, proposed budgets,
potential international partners, and specific programs for
implementing such policy.
(2) Requirements of plan.--Such plan shall also ensure
that--
(A) existing fusion research facilities are more
fully utilized;
(B) fusion science, technology, theory, advanced
computation, modeling, and simulation are strengthened;
(C) new magnetic and inertial fusion research
facilities are selected based on scientific innovation,
cost effectiveness, and their potential to advance the
goal of practical fusion energy at the earliest date
possible;
(D) the facilities that are selected are funded at
a cost-effective rate;
(E) communication of scientific results and methods
between the fusion energy science community and the
broader scientific and technology communities is
improved;
(F) inertial confinement fusion facilities are
utilized to the extent practicable for the purpose of
inertial fusion energy research and development;
(G) attractive alternative inertial and magnetic
fusion energy approaches are more fully explored; and
(H) to the extent practical, the recommendations of
the March 2004 Fusion Energy Sciences Advisory
Committee report on Workforce Planning are carried out,
including periodic assessment of program needs.
(3) Report on fusion materials and technology project.--The
plan required by this subsection shall also address the status
of, and to the degree possible, the costs and schedules for--
(A) the design and implementation of international
or national facilities for the testing of fusion
materials; and
(B) the design and implementation of international
or national facilities for the testing and development
of key fusion technologies.
SEC. 5. ITER.
(a) Agreement.--(1) The Secretary of Energy is authorized to
negotiate an agreement for United States participation in ITER.
(2) Any agreement for United States participation in ITER shall, at
a minimum--
(A) clearly define the United States financial contribution
to construction and operating costs;
(B) ensure that the share of ITER's high-technology
components manufactured in the United States is at least
proportionate to the United States financial contribution to
ITER;
(C) ensure that the United States will not be financially
responsible for cost overruns in components manufactured in
other ITER participating countries;
(D) guarantee the United States full access to all data
generated by ITER;
(E) enable United States researchers to propose and carry
out an equitable share of the experiments at ITER;
(F) provide the United States with a role in all collective
decisionmaking related to ITER; and
(G) describe the process for discontinuing or
decommissioning ITER and any United States role in that
process.
(b) Plan.--The Secretary of Energy, in consultation with the Fusion
Energy Sciences Advisory Committee, shall develop a plan for the
participation of United States scientists in ITER that shall include
the United States research agenda for ITER, methods to evaluate whether
ITER is promoting progress toward making fusion a reliable and
affordable source of power, and a description of how work at ITER will
relate to other elements of the United States fusion program. The
Secretary shall request a review of the plan by the National Academy of
Sciences, the results of which the Secretary shall transmit to Congress
not later than 90 days after the date of enactment of this Act.
(c) Limitation.--No Federal funds shall be expended for the
construction of ITER until the Secretary of Energy has transmitted to
Congress--
(1) the agreement negotiated pursuant to subsection (a) and
120 days have elapsed since that transmission;
(2) a report describing the management structure of ITER
and providing a fixed dollar estimate of the cost of United
States participation in the construction of ITER, and 120 days
have elapsed since that transmission;
(3) a report describing how United States participation in
ITER will be funded without reducing funding for other programs
in the Office of Science, including other fusion programs, and
60 days have elapsed since that transmission; and
(4) the plan required by subsection (b) (but not
necessarily the National Academy of Sciences review of that
plan), and 60 days have elapsed since that transmission.
SEC. 6. PLAN FOR FUSION EXPERIMENT.
If at any time during the negotiations on ITER, the Secretary
determines that construction and operation of ITER is unlikely or
infeasible, the Secretary shall send to Congress, as part of the budget
request for the following year, a plan for implementing a domestic
burning plasma experiment such as FIRE, including costs and schedules
for such a plan. The Secretary shall refine such plan in full
consultation with the Fusion Energy Sciences Advisory Committee and
shall also transmit such plan to the National Academy of Sciences for
review. The Secretary shall transmit the results of that review to
Congress not later than 1 year after the date of enactment of this Act.
SEC. 7. DEFINITIONS.
As used in this Act--
(1) the term ``construction'' means the physical
construction of the ITER facility, and the physical
construction, purchase, or manufacture of equipment or
components that are specifically designed for the ITER
facility, but does not mean the design of the facility,
equipment, or components;
(2) the term ``FIRE'' means the Fusion Ignition Research
Experiment, the fusion research experiment for which design
work has been supported by the Department of Energy as a
possible alternative burning plasma experiment in the event
that ITER fails to move forward; and
(3) the term ``ITER'' means the international burning
plasma fusion research project in which the President announced
United States participation on January 30, 2003.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Fusion Energy Sciences Program.--There are authorized to be
appropriated to the Secretary of Energy for the Fusion Energy Sciences
Program, excluding activities described in sections 5 and 6--
(1) for fiscal year 2006, $335,000,000;
(2) for fiscal year 2007, $349,000,000;
(3) for fiscal year 2008, $362,000,000;
(4) for fiscal year 2009, $377,000,000; and
(5) for fiscal year 2010, $393,000,000.
(b) ITER.--There are authorized to be appropriated to the Secretary
of Energy for activities described in section 5 such sums as are
necessary for each of the fiscal years 2006 through 2010. | Fueling the U.S.A. Through Unlimited Reliable Energy Act of 2005 - Declares that it shall be the policy of the United States to conduct research, development, demonstration, and commercial application activities to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs of other nations, including by demonstrating electric power or hydrogen production for the United States energy grid utilizing fusion energy at the earliest date possible.
Instructs the Secretary of Energy to transmit to Congress a plan meeting specified requirements for carrying out such policy.
Authorizes the Secretary, subject to certain guidelines, to negotiate an agreement for U.S. participation in ITER (international burning plasma fusion research project).
Directs the Secretary to develop a plan for the participation of U.S. scientists in ITER that includes the U.S. research agenda for ITER, methods to evaluate whether ITER is promoting progress toward making fusion a reliable and affordable source of power, and a description of how work at ITER will relate to other elements of the domestic fusion program.
Directs the Secretary to send to Congress a plan for implementing a domestic burning plasma experiment such as Fusion Ignition Research Experiment (FIRE), if at any time during the negotiations on ITER the Secretary determines that construction and operation of ITER is unlikely or infeasible. | {"src": "billsum_train", "title": "To promote fusion energy development in the United States."} | 2,169 | 313 | 0.518822 | 1.708934 | 0.723972 | 6.719844 | 8.245136 | 0.945525 |
TITLE I--CASTILLO DE SAN MARCOS NATIONAL MONUMENT PRESERVATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Castillo de San Marcos National
Monument Preservation and Education Act''.
SEC. 102. VISITOR CENTER.
(a) Authorization.--Subject to the availability of appropriations
and the project being prioritized in the National Park Services 5-year,
line-item construction program, the Secretary of the Interior (referred
to in this section as the ``Secretary'') may design and construct a
Visitor Center for the Castillo de San Marcos National Monument
(referred to in this section as the ``Monument'').
(b) Preferred Alternative.--The Visitor Center authorized in
subsection (a) shall be located and constructed in accordance with the
Preferred Alternative identified in the Record of Decision for the
General Management Plan for the Monument, expected to be signed in
2005.
SEC. 103. COOPERATIVE AGREEMENT.
The Secretary may enter into cooperative agreements with the City
of St. Augustine, Florida, the Colonial St. Augustine Preservation
Foundation, other Federal, State, and local departments or agencies,
academic institutions, and non-profit entities for the planning and
design, construction, management, and operation of the Visitor Center.
SEC. 104. BOUNDARY EXPANSION.
(a) Property Acquisition.--If the Preferred Alternative for the
Visitor Center authorized by section 102 is located outside the
boundary of the Monument, the Secretary is authorized to acquire the
site for the Visitor Center, from willing sellers, by donation,
purchase with donated or appropriated funds, or by exchange.
(b) Administration of Newly Acquired Land.--Land added to the
Monument pursuant to subsection (a) shall be administered by the
Secretary in accordance with applicable laws and regulations.
(c) Boundary Modification.--The boundary of the Monument shall be
modified to reflect the acquisition of land authorized in subsection
(a) after completion of the acquisition.
SEC. 105. PROJECT APPROVAL.
Prior to initiating any planning, design, or construction on the
Visitor Center authorized by section 102, the project must be reviewed
and approved by the National Park Service consistent with partnership
construction guidelines established by that agency.
TITLE II--CASTILLO DE SAN MARCOS NATIONAL MONUMENT BOUNDARY
MODIFICATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Castillo de San Marcos National
Monument Boundary Adjustment Act of 2004''.
SEC. 202. FINDINGS.
Congress finds the following:
(1) The early defense lines for Fort Marion, Florida, today
known as the Castillo de San Marcos National Monument, included
defenses extending in a line due west to the Sebastian River, a
distance of about one half mile.
(2) In the 1830's, during the Seminole Wars in Florida, these
defensive lines were maintained, but as Florida became more settled
they fell into disrepair and/or became obsolete.
(3) In 1908 the War Department deeded much of the property
running west to the Sebastian River to the St. Johns County Board
of Public Instruction. The portion of this property remaining in
federal ownership today is occupied by Orange Street, a City of St.
Augustine, Florida street.
(4) For nearly a century, the City of St. Augustine has
maintained and managed Orange Street, a modern city street, and
associated utilities in the Orange Street corridor.
(5) Any archeological remains that are still present on the
property overlaid by Orange Street are adequately protected by the
City's archeological ordinances, and by the City having an
archeologist on staff.
(6) Although the city currently operates Orange Street under a
right-of-way from the National Park Service, from a management
perspective it is appropriate for the City of St. Augustine to own
Orange Street.
SEC. 203. BOUNDARY ADJUSTMENT.
(a) Conveyance of Land.--The Secretary of the Interior shall
convey, without consideration, to the City of St. Augustine, Florida,
all right, title, and interest of the United States in and to the lands
known as Orange Street, a portion of the Castillo de San Marcos
National Monument (Monument), consisting of approximately 3.1 acres, as
shown on the map entitled Castillo de San Marcos National Monument
Boundary Adjustment and Correction, numbered 343/80060, and dated April
2003. Upon completion of the conveyance, the Secretary shall revise the
boundary of the Monument to exclude the land conveyed.
(b) Boundary Revision.--Effective on the date of the enactment of
this Act, the boundary of the Monument is revised to include an area of
approximately 0.45 acres, as shown on the map identified in subsection
(a). The Secretary shall administer the lands included in the boundary
as part of the national monument in accordance with applicable laws and
regulations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Castillo De San Marcos National Monument Preservation Act - Castillo de San Marcos National Monument Preservation and Education Act - (Sec. 102) Authorizes the Secretary of the Interior to design and construct a Visitor Center for the Castillo de San Marcos National Monument, subject to such project being prioritized in the National Park Service's five-year, line-item construction program. Requires the Visitor Center to be located and constructed in accordance with the Preferred Alternative identified in the Record of Decision for the General Management Plan for the Monument, expected to be signed in 2005.
(Sec. 103) Authorizes the Secretary to enter into cooperative agreements with the city of St. Augustine, Florida, the Colonial St. Augustine Preservation Foundation, other Federal, State, and local departments or agencies, academic institutions, and non-profit entities for the planning and design, construction, management, and operation of the Visitor Center.
(Sec. 104) Provides that, if the Preferred Alternative for the Visitor Center is located outside the boundary of the Monument, the Secretary is authorized to acquire the site for the Visitor Center from willing sellers, by donation, purchase, or exchange. Requires, after completion of the acquisition, the boundary to be modified to reflect the acquisition of such land.
(Sec. 105) Mandates that, prior to initiating any planning, design, or construction on the Visitor Center, such project must be reviewed and approved by the National Park Service consistent with partnership construction guidelines established by that agency.
Title II: Castillo De San Marcos National Monument Boundary Modification - Castillo de San Marcos National Monument Boundary Adjustment Act of 2004 - Directs the Secretary to: (1) convey, without consideration, to the City all right, title, and interest of the United States in and to the lands known as Orange Street, a portion of the Monument; and (2) upon completion of the conveyance, revise the Monument's boundary to exclude the land conveyed.
Revises such boundary to include specified land. | {"src": "billsum_train", "title": "To authorize funds for an educational center for the Castillo de San Marcos National Monument, and for other purposes."} | 1,160 | 457 | 0.810235 | 2.720982 | 0.85787 | 6.95641 | 2.553846 | 0.95641 |
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