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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greenhouse Gas Emission Atmospheric
Removal Act'' or the ``GEAR Act''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States to provide incentives to
encourage the development and implementation of technology to
permanently remove greenhouse gases from the atmosphere on a
significant scale.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Greenhouse Gas Emission Atmospheric Removal Commission
established by section 5(a).
(2) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) sulfur hexafluoride;
(E) a hydrofluorocarbon;
(F) a perfluorocarbon; and
(G) any other gas that the Commission determines is
necessary to achieve the purposes of this Act.
(3) Intellectual property.--The term ``intellectual
property'' means--
(A) an invention that is patentable under title 35,
United States Code; and
(B) any patent on an invention described in
subparagraph (A).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. GREENHOUSE GAS EMISSION ATMOSPHERIC REMOVAL PROGRAM.
The Secretary, acting through the Commission, shall provide to
public and private entities, on a competitive basis, financial awards
for the achievement of milestones in developing and applying technology
that could significantly slow or reverse the accumulation of greenhouse
gases in the atmosphere by permanently capturing or sequestrating those
gases without significant countervailing harmful effects.
SEC. 5. GREENHOUSE GAS EMISSION ATMOSPHERIC REMOVAL COMMISSION.
(a) Establishment.--There is established within the Department of
Energy a commission to be known as the ``Greenhouse Gas Emission
Atmospheric Removal Commission''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members appointed by the President, by and with the advice and
consent of the Senate, who shall provide expertise in--
(A) climate science;
(B) physics;
(C) chemistry;
(D) biology;
(E) engineering;
(F) economics;
(G) business management; and
(H) such other disciplines as the Commission
determines to be necessary to achieve the purposes of
this Act.
(2) Term; vacancies.--
(A) Term.--A member of the Commission shall serve
for a term of 6 years.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(3) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(4) Meetings.--The Commission shall meet at the call of the
Chairperson.
(5) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(6) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.
(7) Compensation.--A member of the Commission shall be
compensated at level III of the Executive Schedule.
(c) Duties.--The Commission shall--
(1) subject to subsection (d), develop specific
requirements for--
(A) the competition process;
(B) minimum performance standards;
(C) monitoring and verification procedures; and
(D) the scale of awards for each milestone
identified under paragraph (3);
(2) establish minimum levels for the capture or net
sequestration of greenhouse gases that are required to be
achieved by a public or private entity to qualify for a
financial award described in paragraph (3);
(3) in coordination with the Secretary, offer those
financial awards to public and private entities that
demonstrate--
(A) a design document for a successful technology;
(B) a bench scale demonstration of a technology;
(C) technology described in subparagraph (A) that--
(i) is operational at demonstration scale;
and
(ii) achieves significant greenhouse gas
reductions; and
(D) operation of technology on a commercially
viable scale that meets the minimum levels described in
paragraph (2); and
(4) submit to Congress--
(A) an annual report that describes the progress
made by the Commission and recipients of financial
awards under this section in achieving the
demonstration goals established under paragraph (3);
and
(B) not later than 1 year after the date of
enactment of this Act, a report that describes the
levels of funding that are necessary to achieve the
purposes of this Act.
(d) Public Participation.--In carrying out subsection (c)(1), the
Commission shall--
(1) provide notice of and, for a period of at least 60
days, an opportunity for public comment on, any draft or
proposed version of the requirements described in subsection
(c)(1); and
(2) take into account public comments received in
developing the final version of those requirements.
(e) Peer Review.--No financial award may be provided under this Act
until such time as the proposal for which the award is sought has been
peer reviewed in accordance with such standards for peer review as the
Commission shall establish.
SEC. 6. INTELLECTUAL PROPERTY CONSIDERATIONS.
(a) In General.--Title to any intellectual property arising from a
financial award provided under this Act shall vest in 1 or more
entities that are incorporated in the United States.
(b) Reservation of License.--The United States--
(1) may reserve a nonexclusive, nontransferable,
irrevocable, paid-up license, to have practiced for or on
behalf of the United States, in connection with any
intellectual property described in subsection (a); but
(2) shall not, in the exercise of a license reserved under
paragraph (1), publicly disclose proprietary information
relating to the license.
(c) Transfer of Title.--Title to any intellectual property
described in subsection (a) shall not be transferred or passed, except
to an entity that is incorporated in the United States, until the
expiration of the first patent obtained in connection with the
intellectual property.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 8. TERMINATION OF AUTHORITY.
The Commission and all authority of the Commission provided under
this Act terminate on December 31, 2020. | Greenhouse Gas Emission Atmospheric Removal Act or the GEAR Act - Declares that it is the policy of the United States to provide incentives to encourage the development and implementation of technology to permanently remove greenhouse gases (GHGs) from the atmosphere on a significant scale.
Establishes within the Department of Energy (DOE) the Greenhouse Gas Emission Atmospheric Removal Commission.
Requires the Secretary of Energy, acting through the Commission, to provide financial awards on a competitive basis to entities for the achievement of milestones in developing and applying technology that could significantly slow or reverse the accumulation of GHGs in the atmosphere by permanently capturing or sequestrating those gases without significant countervailing harmful effects.
Requires the Commission to: (1) develop specific requirements for the competition, performance, monitoring and verification, and the scale of awards; (2) establish minimum levels for the capture or net sequestration of GHGs required to qualify for a financial award; (3) offer awards to entities that demonstrate achievement of specified technological goals; and (4) establish standards for required peer review of proposals seeking such awards.
Vests title to intellectual property arising from such awards in U.S. entities. Bars title transfer to an entity not incorporated in the United States until the first obtained patent expires. Authorizes the United States to reserve a license to have such property practiced on its behalf. | {"src": "billsum_train", "title": "A bill to facilitate the development, demonstration, and implementation of technology for the use in removing carbon dioxide and other greenhouse gases from the atmosphere."} | 1,504 | 301 | 0.647511 | 1.972367 | 0.813045 | 4.388235 | 5.368627 | 0.921569 |
on the Budget.--
(1) Upon the enactment of this Act, the chairmen of the
Committees on the Budget of the House and the Senate shall
reduce the allocation of new budget authority and the outlays
flowing therefrom to the Committees on Appropriations of the
House and the Senate set forth pursuant to section 302(a) of
the Congressional Budget Act of 1974 for fiscal year 2009 by
$14.8 billion.
(2) The chairmen of the Committees on the Budget of the
House and the Senate shall make any other necessary and
conforming adjustments in the concurrent resolution on the
budget for fiscal year 2009.
SEC. 502. CONSERVATION OF RESOURCES FEES.
(a) Establishment of Fees.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior by
regulation shall establish--
(A) a conservation of resources fee for producing
Federal oil and gas leases in the Gulf of Mexico; and
(B) a conservation of resources fee for
nonproducing Federal oil and gas leases in the Gulf of
Mexico.
(2) Producing lease fee terms.--The fee under paragraph
(1)(A)--
(A) subject to subparagraph (C), shall apply to
covered leases that are producing leases;
(B) shall be set at $9 per barrel for oil and $1.25
per million Btu for gas, respectively, in 2005 dollars;
and
(C) shall apply only to production of oil or gas
occurring--
(i) in any calendar year in which the
arithmetic average of the daily closing prices
for light sweet crude oil on the New York
Mercantile Exchange (NYMEX) exceeds $34.73 per
barrel for oil and $4.34 per million Btu for
gas in 2005 dollars; and
(ii) on or after October 1, 2006.
(3) Nonproducing lease fee terms.--The fee under paragraph
(1)(B)--
(A) subject to subparagraph (C), shall apply to
leases that are nonproducing leases;
(B) shall be set at $3.75 per acre per year in 2005
dollars; and
(C) shall apply on and after October 1, 2006.
(4) Treatment of receipts.--Amounts received by the United
States as fees under this subsection shall be treated as
offsetting receipts.
(b) Covered Lease Defined.--In this section the term ``covered
lease'' means a lease for oil or gas production in the Gulf of Mexico
that is--
(1) in existence on the date of enactment of this Act;
(2) issued by the Department of the Interior under section
304 of the Outer Continental Shelf Deep Water Royalty Relief
Act (43 U.S.C. 1337 note; Public Law 104-58); and
(3) not subject to limitations on royalty relief based on
market price that are equal to or less than the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(c) Royalty Suspension Provisions.--The Secretary of the Interior
shall agree to a request by any lessee to amend any lease issued for
Central and Western Gulf of Mexico tracts during the period of January
1, 1998, through December 31, 1999, to incorporate price thresholds
applicable to royalty suspension provisions, or amend existing price
thresholds, in the amount of $34.73 per barrel (2005 dollars) for oil
and for natural gas of $4.34 per million Btu (2005 dollars).
SEC. 503. REDUCTION IN PAYMENT ACRES FOR DIRECT AND COUNTER-CYCLICAL
PAYMENTS UNDER DEPARTMENT OF AGRICULTURE COMMODITY
PROGRAMS.
(a) Program Crops.--Section 1001(11) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8702(11)) is amended--
(1) in subparagraph (A), by striking ``85 percent'' and
inserting ``84 percent''; and
(2) in subparagraph (B), by striking ``83.3 percent'' and
inserting ``82.3 percent''.
(b) Peanuts.--Section 1301(5) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8751(5)) is amended--
(1) in subparagraph (A), by striking ``85 percent'' and
inserting ``84 percent''; and
(2) in subparagraph (B), by striking ``83.3 percent'' and
inserting ``82.3 percent''.
SEC. 504. REDUCTION IN MAXIMUM AMOUNT OF DIRECT, COUNTER-CYCLICAL, AND
ACRE PAYMENTS PAID TO PRODUCERS UNDER DEPARTMENT OF
AGRICULTURE COMMODITY PROGRAMS.
(a) Program Crops.--Section 1001(b) of the Food Security Act of
1985 (7 U.S.C. 1308(b)) is amended--
(1) in paragraph (1)(A), by striking ``$40,000'' and
inserting ``$20,000'';
(2) in paragraph (2), by striking ``$65,000'' and inserting
``$32,500''; and
(3) in paragraph (3)(A), by striking ``$65,000'' and
inserting ``$32,500''.
(b) Peanuts.--Section 1001(c) of the Food Security Act of 1985 (7
U.S.C. 1308(b)) is amended--
(1) in paragraph (1)(A), by striking ``$40,000'' and
inserting ``$20,000'';
(2) in paragraph (2), by striking ``$65,000'' and inserting
``$32,500''; and
(3) in paragraph (3)(A), by striking ``$65,000'' and
inserting ``$32,500''.
SEC. 505. CONSOLIDATION OF MILITARY EXCHANGE STORES SYSTEM.
(a) Consolidation.--Section 2487(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Not later than two years after the date of the enactment of
the Apollo Energy Independence Act of 2008, the Secretary of Defense
shall complete the consolidation of the exchange stores system,
including the Army and Air Force Exchange Service, the Navy Exchange
Service Command, and Marine Corps exchanges, into a single
administrative entity to improve efficiencies and enhance customer
service.''.
(b) Operating Costs.--Section 2491(b) of title 10, United States
Code, is amended by adding at the end the following new sentence:
``Following consolidation of the exchange stores system, as required by
section 2487(b) of this title, all operating costs of the exchange
stores system shall be covered by sales revenues generated by the
system or other nonappropriated fund instrumentalities of the
Department of Defense.''.
SEC. 506. REVISED PRICING STRUCTURE FOR DEPOT-LEVEL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Pricing Policy.--Chapter 146 of title 10, United States Code,
is amended by inserting after section 2470 the following new section:
``Sec. 2471. Depot-level activities of the Department of Defense:
pricing policy for services rendered
``A depot-level activity of the Department of Defense may charge
only for the incremental cost of repairs provided by the depot-level
activity instead of including charges for components (called depot-
level repairables) for labor, materials, and transportation and a share
of the fixed costs of overhead. Fixed costs, including overhead, shall
be covered by an annual flat fee to customers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2470 the following new item:
``2471. Depot-level activities of the Department of Defense: pricing
policy for services rendered.''.
SEC. 507. RESTRICT UNIVERSAL SERVICE FUND SUPPORT TO 2 CONNECTIONS PER
HOUSEHOLD.
(a) In General.--Section 254(c) of the Communications Act of 1934
(47 U.S.C. 254(c)) is amended by adding at the end the following new
paragraph:
``(4) Exception.--In carrying out paragraph (1), the
Commission shall promulgate regulations to specifically exclude
the receipt of universal service support by any eligible
telecommunications carrier where such support would provide for
more than 2 connections per household.''.
(b) Disposition of Savings.--
(1) Savings calculation.--The Commission shall direct the
Administrator to determine the amount of the net savings
resulting from the implementation of section 254(c)(4) of the
Communications Act of 1934 (as added by subsection (a)).
(2) Remission to the treasury.--The Commission shall direct
the Administrator to remit to the Treasury of the United States
an amount equivalent to the amount determined under paragraph
(1).
(3) No recalculation.--The Commission shall direct the
Administrator to not make any adjustment to the amount of
universal service support contributed by telecommunications
carriers under section 254(d) of the Communications Act of 1934
(47 U.S.C. 254(d)) to take into account the cost savings
resulting from section 254(c)(4) of such Act.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator designated by the Commission to administer
Federal universal service support programs pursuant to section
254 of the Communications Act of 1934 (47 U.S.C. 254).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
SEC. 508. IMPROVE TREASURY PAYMENT TRANSACTION INTEGRITY.
Section 1113(k)(1) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3413(k)(1)) is amended by inserting ``or for purposes of
tracing or recovering improper payments and collections by the
Secretary of the Treasury'' before the period at the end.
SEC. 509. MODERNIZE TREASURY CASH INVESTMENT PRACTICES.
Section 323 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(d) Repurchase Market Investments.--In addition to the
investments authorized under subsection (a), the Secretary may invest
any part of the operating cash of the Treasury in repurchase
transactions with acceptable parties in the repurchase market.''.
SEC. 510. FOOD SAFETY AND INSPECTION SERVICE USER FEES.
The Secretary of Agriculture shall establish and collect user fees
for inspection services provided under the Federal Meat Inspection Act
(21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C.
451 et seq.), and the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.). | Apollo Energy Independence Act of 2008 - Amends the Internal Revenue Code to provide tax incentives for energy conservation and production, including provisions to: (1) make permanent the tax credit for producing electricity from renewable resources and to include marine and hydrokinetic renewable energy as a resource for purposes of such credit; (2) make permanent the energy tax credit for solar energy, fuel cell, and microturbine property; (3) allow a new energy tax credit for combined heat and power system property; (4) provide for the issuance of new clean renewable energy bonds; (5) increase the tax credit for advanced nuclear power production; (6) make permanent the tax credits for residential energy efficient property, energy efficiency existing homes, the production of energy efficient household appliances, and the tax deduction for energy efficient commercial buildings; (7) allow tax credits for new alternative motor vehicles, including qualified plug-in electric drive motor vehicles, vehicles that achieve a fuel economy standard of 100 miles per gallon, and advanced technology motor vehicles; (8) allow tax credits for the production of cellulosic biofuel and for hydrogen infrastructure costs; (9) increase and make permanent the tax credit for alternative fuel vehicle refueling property expenditures; and (10) allow employers a tax credit for providing transit passes to employees.
Amends the Energy Policy Act of 2005 to provide full loan guarantees for the construction of advanced nuclear energy facilities.
Establishes in the Treasury the Petroleum Reduction Trust Fund. Allocates 90% of civil penalties for automobile fuel economy violations to such Fund for retail purchases of ethanol, biodiesel, and other alternative fuels.
Directs the Secretary of Energy to: (1) carry out research programs for onboard storage of hydrogen in light-duty motor vehicles and for the development of plug-in electric drive vehicle technology; and (2) study daily and seasonal energy costs in public schools.
Amends the Harmonized Tariff Schedule of the United States to extend the tariff duty on ethanol until December 31, 2010.
Directs the Administrator of the Environmental Protection Agency (EPA) to establish a grant program for green school construction and improvement.
Sets forth revenue offset provisions, including: (1) a moratorium on earmarks in the 110th Congress; (2) establishment of fees for oil and gas leases in the Gulf of Mexico and user fees for certain food safety and inspection services; (3) a reduction in payments under the Department of Agriculture commodity program; (4) consolidation of Department of Defense exchange stores system; and (5) a limitation of universal service fund support. | {"src": "billsum_train", "title": "To provide a large-scale national effort to improve the state of our national security, economy and environment by providing market incentives to produce and deploy alternative energy solutions and reduce our dependence on foreign oil."} | 2,525 | 518 | 0.463336 | 1.436353 | 0.572773 | 1.219316 | 4.263581 | 0.635815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Old Man of the Mountain
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Formed by God and glaciers, five different ledges atop
a granite cliff created the Old Man of the Mountain whose
flinty visage has long represented the Granite State's
independence and proud traditions.
(2) For some 10,000 years, the Old Man of the Mountain,
from his lofty perch, did steadfastly defy the forces of
gravity and nature that bring all things down.
(3) The Old Man of the Mountain's rugged profile delighted
all who saw it, as it serves as a symbol of New Hampshire's
stony and unyielding independence and represents New
Hampshire's love of liberty and is deeply revered by all
Granite Staters.
(4) The rocky ledges that formed the Old Man of the
Mountain gave way and tumbled down the slopes of Cannon
Mountain under a veil of fog and cloud sometime in the first
few hours of May 3, 2003, forever changing the landscape that
has long served as a New Hampshire state symbol.
(5) The importance of the ``Great Stone Face'' as a symbol
of New Hampshire was eloquently noted by Statesman Daniel
Webster.
(6) A commemorative coin would immortalize the watchful
gaze of the Old Man, bringing both national and international
attention to the lasting legacy of the Old Man of the Mountain
as well as helping to ease the loss felt by all New Hampshire
residents.
(7) The proceeds from a surcharge on the sale of each
commemorative coin will assist the financing of a suitable
memorial to the oldest and proudest member of the New Hampshire
family, the Old Man of the Mountain.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(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 Old Man of the Mountain, the
granite symbol of New Hampshire's fierce independence.
(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 ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', ``E Pluribus
Unum'', and ``Live Free or Die''.
(3) Numismatic design considerations.--At least 1 of the
following numismatic design features shall be used on the coins
minted under this Act:
(A) Reverse proofing of the coin.
(B) Raised lettering on the edge of the coin.
(C) Such other unique numismatic design feature as
the Secretary may determine to be appropriate.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Old Man of the Mountain
Revitalization Fund, Inc.; and
(2) reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning August 28, 2005.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) $35 per coin for the $5 coin.
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Old Man of the Mountain Revitalization Fund, Inc., to be used for
the objects and purposes of such Fund.
(c) Audits.--The Old Man of the Mountain Revitalization Fund, Inc.,
shall be subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code, with regard to the amounts received by
the Fund under subsection (b). | Old Man of the Mountain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins and 350,000 $1 silver coins emblematic of the Old Man of the Mountain (the granite symbol of New Hampshire's fierce independence).Directs that surcharges be paid by the Secretary to the Old Man of the Mountain Revitalization Fund, Inc., to be used for the objects and purposes of such fund. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the legacy of the Old Man of the Mountain, the symbol of New Hampshire that passed on to its granite roots in the dawn of May, 2003."} | 1,475 | 97 | 0.53705 | 1.684509 | 0.871523 | 6.317073 | 16.012195 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virgin Islands of the United States
Centennial Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Virgin
Islands of the United States Centennial Commission'' (in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) plan, develop, and carry out such activities as the
Commission determines to be appropriate to commemorate the 100th
anniversary of the Virgin Islands of the United States becoming an
unincorporated territory of the United States;
(2) provide advice and assistance to Federal, State, and local
governmental agencies, as well as civic groups to carry out
activities to commemorate the 100th anniversary of the Virgin
Islands of the United States becoming an unincorporated territory
of the United States; and
(3) submit to the President and Congress the reports required
pursuant to section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members as follows:
(1) The Assistant Secretary of the Interior for Insular Affairs
or a designee of the Assistant Secretary.
(2) One member appointed by the Governor of the Virgin Islands
of the United States or a designee of the Governor.
(3) Two Members of the House of Representatives appointed by
the Speaker of the House of Representatives.
(4) One Member of the House of Representatives appointed by the
minority leader of the House of Representatives.
(5) Two Members of the Senate appointed by the majority leader
of the Senate.
(6) One Member of the Senate appointed by the minority leader
of the Senate.
(b) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed not later than 90 days after the date of the enactment of
this Act.
(d) Vacancies.--A vacancy on the Commission shall--
(1) not affect the powers of the Commission; and
(2) be filled in the manner in which the original appointment
was made.
(e) Rates of Pay.--Members shall not receive compensation for the
performance of duties on behalf of the Commission.
(f) Travel Expenses.--Each member 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 home
or regular place of business of the member, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but two or more members may
hold hearings.
(h) Chairperson.--The chairperson of the Commission shall be
selected by a majority vote of the members of the Commission.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--The Commission shall appoint an executive
director and such other additional personnel as are necessary to enable
the Commission to perform the duties of the Commission.
(b) Applicability of Certain Civil Service Laws.--The executive
director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
the rate of pay for the executive director and other staff may not
exceed the rate payable for level III of the Executive Schedule under
section 5314 of such title.
(c) Detail of Federal Employees.--Upon request of the Commission,
the Secretary of the Interior or the Archivist of the United States may
detail, on a reimbursable basis, any of the personnel of the Department
of the Interior or the National Archives and Records Administration,
respectively to the Commission to assist the Commission to perform the
duties of the Commission.
(d) Experts and Consultants.--The Commission may procure such
temporary and intermittent services from experts and consultants as are
necessary to enable the Commission to perform the duties of the
Commission.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings.--The Commission 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 Commission considers
appropriate.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(c) Obtaining Official Data.--The Commission may secure directly
from any Federal agency information necessary to enable the Commission
to perform the duties of the Commission. Upon request of the
chairperson of the Commission, the head of that Federal agency shall
furnish that information to the Commission.
(d) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission.
(e) Available Space.--Upon the request of the Commission, the
Administrator of General Services shall make available to the
Commission, at a normal rental rate for Federal agencies, such
assistance and facilities as may be necessary for the Commission to
perform the duties of the Commission.
(f) Contract Authority.--The Commission may enter into contracts
with and compensate the Federal Government, State and local
governments, private entities, or individuals to enable the Commission
to perform the duties of the Commission.
SEC. 7. REPORTS.
(a) Annual Reports.--Not later than January 31 of each year, and
annually thereafter until the final report is submitted pursuant to
subsection (b), the Commission shall submit to the President and the
Congress a report on--
(1) the activities of the Commission; and
(2) the revenue and expenditures of the Commission, including a
list of each gift, bequest, or devise to the Commission with a
value of more than $250, including the identity of the donor of
each gift, bequest, or devise.
(b) Final Report.--Not later than January 31, 2018, the Commission
shall submit a final report to the President and the Congress
containing--
(1) a summary of the activities of the Commission; and
(2) a final accounting of funds received and expended by the
Commission.
SEC. 8. ANNUAL AUDIT.
The Inspector General of the Department of the Interior--
(1) may perform an audit of the Commission;
(2) shall make the results of any such audit available to the
public; and
(3) shall transmit such results 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.
SEC. 9. DEFINITIONS.
In this Act:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5, United
States Code.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, each territory or possession of
the United States, and each federally recognized Indian tribe.
SEC. 10. TERMINATION.
The Commission shall terminate on September 30, 2018, or may
terminate at an earlier date determined by the Commission after the
final report is submitted pursuant to section 7(b).
SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED.
No Federal funds are authorized or may be obligated to carry out
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the House on April 12, 2016. Virgin Islands of the United States Centennial Commission Act (Sec. 2) This bill establishes the Virgin Islands of the United States Centennial Commission to carry out activities to commemorate the 100th anniversary of the date the U.S. Virgin Islands became an unincorporated U.S. territory. (Sec. 7) The Commission shall report annually to the President and Congress on Commission revenue and expenditures, including a list of each gift, bequest, or devise worth more than $250, and the identity of the donor. (Sec. 8) The Inspector General of the Department of the Interior may audit the Commission, making the results available to Congress and the public. (Sec. 10) The Commission shall terminate on September 30, 2018, or at an earlier date determined by the Commission after submitting its final report to Congress. (Sec. 11) No federal funds are authorized or may be obligated to carry out this Act. | {"src": "billsum_train", "title": "Virgin Islands of the United States Centennial Commission Act"} | 1,747 | 221 | 0.602094 | 1.736541 | 0.772449 | 4.463918 | 8.412371 | 0.896907 |
SECTION 1. FEDERAL DATA CENTER CONSOLIDATION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator for the Office of E-Government and Information
Technology within the Office of Management and Budget.
(2) Data center.--
(A) Definition.--The term ``data center'' means a
closet, room, floor, or building for the storage,
management, and dissemination of data and information,
as defined by the Administrator in the ``Implementation
Guidance for the Federal Data Center Consolidation
Initiative'' memorandum, issued on March 19, 2012.
(B) Authority to modify definition.--The
Administrator may promulgate guidance or other
clarifications to modify the definition in subparagraph
(A) in a manner consistent with this Act, as the
Administrator determines necessary.
(b) Federal Data Center Consolidation Inventories and Plans.--
(1) In general.--
(A) Annual reports.--Each year, beginning in fiscal
year 2015 through the end of fiscal year 2019, the head
of each agency that is described in subparagraph (E),
assisted by the chief information officer of the
agency, shall submit to the Administrator--
(i) a comprehensive asset inventory of the
data centers owned, operated, or maintained by
or on behalf of the agency, even if the center
is administered by a third party; and
(ii) an updated consolidation plan that
includes--
(I) a technical roadmap and
approach for achieving the agency's
targets for infrastructure utilization,
energy efficiency (including
performance benchmarks such as Power
Utilization Effectiveness and use of
Energy Star-rated equipment), cost
savings and efficiency;
(II) a detailed timeline for
implementation of the data center
consolidation plan;
(III) quantitative utilization and
efficiency goals for reducing assets,
improving energy and efficiency, and
improving use of information technology
infrastructure;
(IV) performance metrics by which
the progress of the agency toward data
center consolidation goals can be
measured, including metrics to track
any gains in energy utilization as a
result of this initiative;
(V) an aggregation of year-by-year
investment and cost savings
calculations for 5 years past the date
of submission of the cost saving
assessment, including a description of
any initial costs for data center
consolidation and life cycle cost
savings;
(VI) quantitative progress towards
previously stated goals including cost
savings (including savings measured on
a total cost of ownership basis) and
increases in operational efficiencies
and utilization; and
(VII) any additional information
required by the Administrator.
(B) Use of existing reporting structures.--The
Administrator may require agencies described in
subparagraph (E) to submit any information required to
be submitted under this subsection through reporting
structures in use as of the date of enactment of this
Act.
(C) Certification.--Each year, beginning in fiscal
year 2015 through the end of fiscal year 2019, the head
of an agency, acting through the chief information
officer of the agency, shall submit a statement to the
Administrator certifying that the agency has complied
with the requirements of this Act.
(D) Inspector general report.--
(i) In general.--The Inspector General for
each agency described in subparagraph (E) shall
release a public report not later than 6 months
after the date on which the agency releases the
first updated asset inventory in fiscal year
2015 under subparagraph (A)(i), which shall
evaluate the completeness of the inventory of
the agency.
(ii) Agency response.--The head of each
agency shall respond to the report completed by
the Inspector General for the agency under
clause (i), and complete any inventory
identified by the Inspector General for the
agency as incomplete, by the time the agency
submits the required inventory update for
fiscal year 2016.
(E) Agencies described.--The agencies (including
all associated components of the agency) described in
this paragraph are the--
(i) Department of Agriculture;
(ii) Department of Commerce;
(iii) Department of Defense;
(iv) Department of Education;
(v) Department of Energy;
(vi) Department of Health and Human
Services;
(vii) Department of Homeland Security;
(viii) Department of Housing and Urban
Development;
(ix) Department of the Interior;
(x) Department of Justice;
(xi) Department of Labor;
(xii) Department of State;
(xiii) Department of Transportation;
(xiv) Department of Treasury;
(xv) Department of Veterans Affairs;
(xvi) Environmental Protection Agency;
(xvii) General Services Administration;
(xviii) National Aeronautics and Space
Administration;
(xix) National Science Foundation;
(xx) Nuclear Regulatory Commission;
(xxi) Office of Personnel Management;
(xxii) Small Business Administration;
(xxiii) Social Security Administration; and
(xxiv) United States Agency for
International Development.
(F) Agency implementation of consolidation plans.--
Each agency described in subparagraph (E), under the
direction of the chief information officer of the
agency shall--
(i) implement the consolidation plan
required under subparagraph (A)(ii); and
(ii) provide to the Administrator annual
updates on implementation and cost savings
(including life cycle costs) and efficiency
improvements realized through such
consolidation plan.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
agencies to submit information under this section;
(B) ensure that each certification submitted under
paragraph (1)(C) and each agency consolidation plan
submitted under paragraph (1)(A)(ii) is made available
in a timely manner to the general public;
(C) review the plans submitted under paragraph (1)
to determine whether each plan is comprehensive and
complete;
(D) monitor the implementation of the data center
consolidation plan of each agency described in
paragraph (1)(A)(ii); and
(E) update the cumulative cost savings projection
on an annual basis as the savings are realized through
the implementation of the agency plans.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, or by September 30th of
fiscal year 2015, whichever is later, the Administrator
shall develop and publish a goal for the total amount
of planned cost savings by the Federal Government
through the Federal Data Center Consolidation
Initiative during the 5-year period beginning on the
date of enactment of this Act, which shall include a
breakdown on a year-by-year basis of the projected
savings.
(B) Annual update.--
(i) In general.--Not later than 1 year
after the date on which the goal described in
subparagraph (A) is determined and each year
thereafter until the end of 2019, the
Administrator shall publish a report on the
actual savings achieved through the Federal
Data Center Consolidation Initiative as
compared to the projected savings developed
under subparagraph (A) (based on data collected
from each affected agency under paragraph (1)).
(ii) Update for congress.--The report
required under subparagraph (A) shall be
submitted to Congress and shall include an
update on the progress made by each agency
described in subsection paragraph (1)(E) on--
(I) whether each agency has in fact
submitted a comprehensive asset
inventory;
(II) whether each agency has
submitted a comprehensive consolidation
plan with the key elements described in
paragraph (1)(A)(ii); and
(III) the progress, if any, of each
agency on implementing the
consolidation plan of the agency.
(iii) Request for reports.--Upon request
from the Committee on Homeland Security and
Governmental Affairs of the Senate or the
Committee on Oversight and Government Reform of
the House of Representatives, the head of an
agency described in paragraph (1)(E) or the
Director of the Office of Management and Budget
shall submit to the requesting committee any
report or information submitted to the Office
of Management and Budget for the purpose of
preparing a report required under clause (i) or
an updated progress report required under
clause (ii).
(4) GAO review.--The Comptroller General of the United
States shall, on an annual basis, publish a report on--
(A) the quality and completeness of each agency's
asset inventory and consolidation plans required under
paragraph (1)(A);
(B) each agency's progress on implementation of the
consolidation plans submitted under paragraph (1)(A);
(C) overall planned and actual cost savings
realized through implementation of the consolidation
plans submitted under paragraph (1)(A);
(D) any steps that the Administrator could take to
improve implementation of the data center consolidation
initiative; and
(E) any matters for Congressional consideration in
order to improve or accelerate the implementation of
the data center consolidation initiative.
(5) Response to gao.--
(A) In general.--If a report required under
paragraph (4) identifies any deficiencies or delays in
any of the elements described in subparagraphs (A)
through (E) of paragraph (4) for an agency, the head of
the agency shall respond in writing to the Comptroller
General of the United States, not later than 90 days
after the date on which the report is published under
paragraph (4), with a detailed explanation of how the
agency will address the deficiency.
(B) Additional requirements.--If the Comptroller
General identifies an agency that has repeatedly lagged
in implementing the data center consolidation
initiative, the Comptroller General may require that
the head of the agency submit a statement explaining--
(i) why the agency is having difficulty
implementing the initiative; and
(ii) what structural or personnel changes
are needed within the agency to address the
problem.
(c) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--An agency required to implement a data center
consolidation plan under this Act and migrate to cloud computing shall
do so in a manner that is consistent with Federal guidelines on cloud
computing security, including--
(1) applicable provisions found within the Federal Risk and
Authorization Management Program of the General Service
Administration; and
(2) guidance published by the National Institute of
Standards and Technology.
(d) Classified Information.--The Director of National Intelligence
may waive the requirements of this Act for any element (or component of
an element) of the intelligence community.
(e) Sunset.--This Act is repealed effective on October 1, 2019. | Requires the heads of specified federal agencies, assisted by their chief information officers, to submit in FY2015-FY2019 to the Office of E-Government and Information Technology of the Office of Management and Budget: (1) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of such agencies; and (2) an updated consolidation plan for such data centers. Requires the Inspector General of each specified agency to issue a public report evaluating the completeness of agency inventories. Requires the Office of E-Government and Information Technology to: (1) establish the deadline each year for agencies to submit information required by this Act; (2) develop and publish a goal for the total amount of planned cost savings through the Federal Data Center Consolidation Initiative during a five-year period and report on the actual savings achieved through the Initiative; and (3) report to Congress on data center cost savings. Directs the Government Accountability Office to publish an annual report on agency asset inventory and consolidation plans and agency implementation of such plans. Requires agencies that are required to implement a data center consolidation plan and migrate to cloud computing to do so in a manner consistent with federal guidelines on cloud computing security, including applicable provisions in the Federal Risk and Authorization Management Program of the General Services Administration and guidance published by the National Institute of Standards and Technology. Authorizes the Director of National Intelligence to waive requirements of this Act for any element of the intelligence community. Repeals this Act effective on October 1, 2019. | {"src": "billsum_train", "title": "A bill to require certain agencies to conduct assessments of data centers and develop data center consolidation and optimization plans."} | 2,242 | 320 | 0.613615 | 1.803901 | 0.788809 | 3.837838 | 7.341216 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facilities Clean Water
Compliance Act of 1998''.
SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.
Section 313 of the Federal Water Pollution Control Act (33 U.S.C.
1323) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by striking subsection (a) and inserting the following:
``(a) Compliance.--
``(1) Definition of reasonable service charge.--In this
subsection, the term `reasonable service charge' includes but
is not limited to--
``(A) a fee or charge assessed in connection with
the processing, issuance, renewal, or amendment of a
permit, review of a plan, study, or other document, or
inspection or monitoring of a facility; and
``(B) any other nondiscriminatory charge that is
assessed in connection with a Federal, State,
interstate, or local regulatory program concerning the
control and abatement of water pollution.
``(2) Requirement.--Each department, agency, and
instrumentality of the executive, legislative, or judicial
branch of the Federal Government that has jurisdiction over any
property or facility, or is engaged in any activity that
results, or that may result, in the discharge or runoff of a
pollutant shall be subject to, and shall comply with, all
Federal, State, interstate, and local substantive and
procedural requirements (including any requirement for a permit
or reporting, any provision for injunctive relief and such
sanctions as are imposed by a Federal or State court to enforce
the relief, and any requirement for the payment of a reasonable
service charge) concerning the control and abatement of water
pollution in the same manner, and to the same extent, as any
other person is subject to the requirements.
``(3) Limited waiver of sovereign immunity.--The United
States waives any immunity otherwise applicable to the United
States with respect to any substantive or procedural
requirement described in paragraph (2), including but not
limited to immunity from process in an administrative or court
action seeking--
``(A) injunctive relief;
``(B) imposition of a sanction referred to in this
subsection;
``(C) enforcement of an administrative order;
``(D) imposition of an administrative penalty or
fine; or
``(E) payment of a reasonable service charge.
``(4) Administrative orders and penalties.--The substantive
and procedural requirements described in paragraph (2) include
but are not limited to all administrative orders and all civil
and administrative penalties or fines, regardless of whether
the penalties or fines are punitive or coercive in nature or
are imposed for isolated, intermittent, or continuing
violations.
``(5) Injunctive relief.--The United States (including any
agent, employee, or officer of the United States) shall not be
immune or exempt from any process or sanction of any State or
Federal court with respect to the enforcement of any injunctive
relief referred to in paragraph (2).
``(6) Civil penalties.--No agent, employee, or officer of
the United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local law
concerning the control and abatement of water pollution with
respect to any act or omission within the scope of the official
duties of the agent, employee, or officer.
``(7) Criminal penalties.--
``(A) Agents, employees, and officers.--An agent,
employee, or officer of the United States shall be
subject to a criminal sanction (including but not
limited to a fine or imprisonment) under any Federal or
State law concerning the control and abatement of water
pollution.
``(B) Departments, agencies, and
instrumentalities.--No department, agency, or
instrumentality of the executive, legislative, or
judicial branch of the Federal Government shall be
subject to a sanction referred to in subparagraph (A).
``(b) Administrative Enforcement Actions.--
``(1) In general.--
``(A) Commencement.--The Administrator, the
Secretary of the Army, and the Secretary of the
department in which the Coast Guard is operating may
commence an administrative enforcement action against
any department, agency, or instrumentality of the
executive, legislative, or judicial branch of the
Federal Government pursuant to the enforcement
authorities authorized by this Act.
``(B) Manner and circumstances.--The Administrator
or Secretary, as applicable, shall initiate an
administrative enforcement action against such a
department, agency, or instrumentality in the same
manner and under the same circumstances as the
Administrator or Secretary would initiate such an
action against another person.
``(C) Consent orders.--Any voluntary resolution or
settlement of an action described in subparagraph (B)
shall be set forth in a consent order.
``(2) Opportunity to confer.--An administrative order
issued to a department, agency, or instrumentality under
paragraph (1) shall not become final until the department,
agency, or instrumentality has had the opportunity to confer
with the Administrator or Secretary, as applicable.
``(c) Limitation on State Use of Funds Collected From the Federal
Government.--Unless a State law in effect on the date of enactment of
this subsection or a State constitution requires the funds to be used
in a different manner, all funds collected by a State from the Federal
Government from penalties and fines imposed for violation of a
substantive or procedural requirement described in subsection (a) shall
be used by the State only for projects designed to improve or protect
the environment or to defray the costs of environmental protection or
enforcement.''.
SEC. 3. DEFINITION OF PERSON.
(a) General Definitions.--Section 502(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(5)) is amended--
(1) by striking ``or any'' and inserting ``an''; and
(2) by inserting before the period at the end the
following: ``or a department, agency, or instrumentality of the
United States''.
(b) Oil and Hazardous Substance Liability Program.--Section
311(a)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(a)(7)) is amended--
(1) by striking ``a''; and
(2) by inserting before the semicolon at the end the
following: ``and a department, agency, or instrumentality of
the United States''. | Federal Facilities Clean Water Compliance Act of 1998 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements pertaining to water pollution control, including requirements for permits or reporting, injunctive relief, sanctions to enforce relief, payment of reasonable service charges, administrative orders, and penalties or fines.
Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions against Federal agencies under the Act.
Requires States, unless a State law or constitution requires otherwise, to use penalties collected from the Federal Government under the Act only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement.
Includes Federal agencies within the definition of "person" for purposes of the Act. | {"src": "billsum_train", "title": "Federal Facilities Clean Water Compliance Act of 1998"} | 1,453 | 245 | 0.561714 | 1.606247 | 0.850963 | 3.04955 | 6.004505 | 0.896396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student-to-School Nurse Ratio
Improvement Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The American Academy of Pediatrics emphasizes the
crucial role school nurses have in the seamless provision of
comprehensive health services to children and youth, as well as
in the development of a coordinated school health program.
(2) The school nurse functions as a leader and the
coordinator of the school health services team, facilitating
access to a medical home for each child and supporting school
achievement.
(3) Recent national data indicates 45 percent of public
schools have a school nurse all day, every day, while another
30 percent of schools have a school nurse who works part time
in 1 or more schools.
(4) The American Nurses Association has reported that when
there is no registered nurse on the school premises, the
responsibility to administer the necessary medications and
treatments, and appropriate monitoring of the children falls on
the shoulders of administrators, educators, and staff who are
ill-prepared to perform these tasks.
(5) Statistics from the National Center for Educational
Statistics indicate that of the 52,000,000 children who
currently spend their day in schools, 16 percent have chronic
physical, emotional, or other health problems.
(6) A recent study indicated that from 2002 to 2008, the
percentage of children in special education with health
impairments, due to chronic or acute health problems, increased
60 percent. Within this group, the rate of autism has doubled
since 2002.
(7) A 40-percent increase in asthma has been seen in the
past 10 years, along with nearly 50-percent increase in the
incidence of diabetes in the same time period.
(8) According to the American Academy of Pediatrics,
students today face increased social issues as well as the need
for preventative services and interventions for acute and
chronic health issues.
(9) The Centers for Disease Control and Prevention report
that the percentage of children without health insurance was
8.9 percent in 2008, and with over 1,300,000 homeless children
in the United States, schools have become the only source of
health care for many children and adolescents.
(10) Communicable and infectious diseases account for
millions of school days lost each year. There is reported
evidence that school nurses have a positive impact on
immunization rates, with fewer parent requested exemptions.
(11) A recent study showed that students with health
concerns attended to by school nurses were able to return to
class 95 percent of time, while students attended to by
nonlicensed staff were only able to return to class 82 percent
of the time.
(12) Using a formula-based approach for determining a
balanced student-to-school nurse ratio offers a reasonable
means for achieving better student outcomes.
SEC. 3. REDUCING STUDENT-TO-SCHOOL NURSE RATIOS.
(a) Demonstration Grants.--
(1) In general.--The Secretary of Education, in
consultation with the Secretary of Health and Human Services
and the Director of the Centers for Disease Control and
Prevention, may make demonstration grants to eligible local
educational agencies for the purpose of reducing the student-
to-school nurse ratio in public elementary schools and
secondary schools.
(2) Application.--To receive a grant under this section, an
eligible local educational agency shall submit to the Secretary
of Education an application at such time, in such manner, and
containing such information as the Secretary of Education may
require, which shall include information with respect to the
current ratios of students-to-school nurses in each of the
public elementary secondary and secondary schools served by the
agency.
(3) Priority.--In awarding grants under this section, the
Secretary of Education shall give priority to applications
submitted by high-need local educational agencies that
demonstrate the greatest need for new or additional nursing
services among students in the public elementary secondary and
secondary schools served by the agency.
(4) Matching funds.--The Secretary of Education may require
recipients of grants under this section to provide matching
funds from non-Federal sources, and shall permit the recipients
to match funds in whole or in part with in-kind contributions.
(b) Report.--Not later than 24 months after the date on which a
grant is first made to a local educational agency under this section,
the Secretary of Education shall submit to the Congress a report on the
results of the demonstration grant program carried out under this
section, including an evaluation--
(1) of the effectiveness of the program in reducing the
student-to-school nurse ratios described in subsection (a)(1);
and
(2) of the impact of any resulting enhanced health of
students on learning.
(c) Definitions.--For purposes of this section:
(1) The terms ``elementary school'', ``local educational
agency'', ``poverty line'', and ``secondary school'' have the
meanings given to those terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) The term ``eligible local educational agency'' means a
local educational agency in which the student-to-school nurse
ratio in each public elementary and secondary school served by
the agency is 750 or more students to 1 school nurse.
(3) The term ``high-need local educational agency'' means a
local educational agency--
(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
(B) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line.
(4) The term ``nurse'' means a licensed nurse, as defined
under State law.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of the fiscal years 2012 through 2016. | Student-to-School Nurse Ratio Improvement Act of 2011 - Authorizes the Secretary of Education to make matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse to reduce such ratio.
Gives grant priority to LEAs that serve a high number or percentage of impoverished students and demonstrate the greatest need for new or additional nursing services for their students. | {"src": "billsum_train", "title": "To make demonstration grants to eligible local educational agencies for the purpose of reducing the student-to-school nurse ratio in public elementary schools and secondary schools."} | 1,252 | 107 | 0.390942 | 0.992477 | 0.724406 | 3.752688 | 13.258065 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Debt Protection Act of
2015''.
TITLE I--BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS
SEC. 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES.
Section 523(a) of title 11 of the United States Code is amended--
(1) by striking paragraph (8); and
(2) by redesignating paragraphs (9) through (19) as
paragraphs (8) through (18).
SEC. 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR
STUDENT LOANS.
Subsection (a) of section 484A of the Higher Education Act of 1965
(20 U.S.C. 1091a(a)) is amended to read as follows:
``(a) Statute of Limitations.--Notwithstanding any Federal or State
statutory, regulatory, or administrative limitation on the period
within which debts may be enforced--
``(1) an institution that receives funds under this title
may file a suit or initiate or take another action for
collection of a refund due from a student on a grant made, or
work assistance awarded, under this title, during the 6-year
period beginning on the day after the refund first became due
(exclusive of period during which the State statute of
limitations otherwise applicable to a suit under this paragraph
would be tolled under State law);
``(2) a guaranty agency that has an agreement with the
Secretary under section 428(c) may file a suit or initiate or
take another action for collection of the amount due from a
borrower on a loan made under part B during the 6-year period
beginning on the day after such guaranty agency reimburses the
previous holder of the loan for its loss on account of the
default of the borrower (exclusive of period during which the
State statute of limitations otherwise applicable to a suit
under this paragraph would be tolled under State law);
``(3) an institution that has an agreement with the
Secretary pursuant to section 487 may file a suit or initiate
or take another action for collection of the amount due from a
borrower on a loan made under part D or E after the default of
the borrower on such loan during the 6-year period beginning on
the day after the date of the default of the borrower with
respect to such amount (exclusive of period during which the
State statute of limitations otherwise applicable to a suit
under this paragraph would be tolled under State law); or
``(4) the Secretary, the Attorney General, or the
administrative head of another Federal agency, as the case may
be, may file a suit or initiate or take another action for
collection of a refund due from a student on a grant made under
this title, or for the repayment of the amount due from a
borrower on a loan made under this title that has been assigned
to the Secretary under this title, during the 6-year period
beginning on the day after the refund or the amount first
became due.''.
SEC. 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN
OFFSETS OR THROUGH WAGE GARNISHMENT.
(a) Prohibition on Offset of Social Security Benefits.--Section
3716(c)(3)(A) of title 31, United States Code, is amended--
(1) in clause (i), by striking ``except as provided in
clause (ii)'' and inserting ``except as provided in clauses
(ii) and (iii)''; and
(2) by adding at the end the following new clause:
``(iii) Notwithstanding clause (i), any payments due to an
individual under Federal benefits programs cited under clause (i) shall
not be subject to offset under this subsection if the offset is for
payments certified by the Department of Education under a program
administered by the Secretary of Education under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(b) Prohibition on Offset of Tax Refund.--Section 3720A(a) of title
31, United States Code, is amended--
(1) by striking ``Any Federal agency'' and inserting ``(1)
Except as provided in paragraph (2), any Federal agency''; and
(2) by adding at the end the following new paragraph:
``(2) Any past-due legally enforceable debt owed by an individual
to the Department of Education under a program administered by the
Secretary of Education under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) shall not be subject to notification
under paragraph (1), and any refund of Federal taxes paid by the
individual shall not be subject to reduction under subsection (c) for
such debt.''.
(c) Prohibition on Wage Garnishment.--Section 3720D(a) of title 31,
United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting: ``(1)
Except as provided in paragraph (2) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Any delinquent nontax debt owed by an individual to the
Department of Education under a program administered by the Secretary
of Education under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) shall not be subject to collection under this
section through garnishment of disposable pay of the individual.''.
TITLE II--BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS
SEC. 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN
INDEBTEDNESS.
(a) In General.--Paragraph (1) of section 108(f) of the Internal
Revenue Code of 1986 is amended by striking ``if such discharge'' and
all that follows and inserting a period.
(b) Student Loans.--Paragraph (2) of section 108(f) of such Code is
amended by striking ``made by--'' and all that follows and inserting
the following: ``. Such term includes indebtedness used to refinance
indebtedness which qualifies as a student loan under the preceding
sentence.''.
(c) Conforming Amendments.--Section 108(f) of such Code is amended
by striking paragraphs (3) and (4).
(d) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after the date of the enactment of
this Act.
SEC. 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS.
(a) In General.--Subparagraph (A) of section 529(e)(3) of the
Internal Revenue Code of 1986 is amended by striking clause (iii) and
inserting the following new clause:
``(iii) interest or principal paid with
respect to a qualified education loan (as
defined in section 221) with respect to a
designated beneficiary.''.
(b) Conforming Amendments.--
(1) Section 529(e)(3)(A) of such Code is amended by
striking the second sentence.
(2) Section 72(t)(7)(A) of such Code is amended by
inserting ``determined without regard to subparagraph (A)(iii)
thereof'' after ``section 529(e)(3)''.
(3) Section 530(b)(2)(A)(i) of such Code is amended by
inserting ``determined without regard to subparagraph (A)(iii)
thereof'' after ``section 529(e)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS.
(a) Income Contingent Repayment Plan.--Section 455(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by
striking ``, except that the plan described in this subparagraph shall
not be available to the borrower of a Federal Direct PLUS loan made on
behalf of a dependent student;''.
(b) Income-Based Repayment.--
(1) Section 493c.--Section 493C of the Higher Education Act
of 1965 (20 U.S.C. 1098e) is amended--
(A) in subsection (a)--
(i) by striking ``this section'' and all
that follows through ``hardship'' and inserting
``In this section, the term `partial financial
hardship'''; and
(ii) by striking ``(other than an excepted
PLUS loan or excepted consolidation loan)'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``(other
than an excepted PLUS loan or excepted
consolidation loan)''; and
(ii) in paragraph (6)(A), by striking
``(other than an excepted PLUS loan or excepted
consolidation loan)''; and
(C) in subsection (c), by striking ``(other than an
excepted PLUS loan or excepted consolidation loan),''.
(2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act
(20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except
that the plan described in this subparagraph shall not be
available to the borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student or a Federal Direct Consolidation
Loan, if the proceeds of such loan were used to discharge the
liability on such Federal Direct PLUS Loan or a loan under
section 428B made on behalf of a dependent student''.
(c) Pay As You Earn.--The income-contingent repayment plan (based
on the President's ``Pay As You Earn'' repayment initiative)
implemented in parts 674, 682, and 685 of title 34, Code of Federal
Regulations, as amended by the final regulations published by the
Department of Education in the Federal Register on November 1, 2012 (77
Fed. Reg. 66088 et seq.), shall be available to borrowers of--
(1) a Federal Direct PLUS loan made on behalf of a
dependent student; and
(2) a Federal Direct Consolidation Loan, the proceeds of
which were used to discharge the liability on a Federal Direct
PLUS Loan under part D of title IV of the Higher Education Act
of 1965 or a loan under section 428B of such Act made, insured,
or guaranteed on behalf of a dependent student.
(d) Loan Forgiveness for Service in Areas of National Need.--
Section 428K(a)(2) of such Act (20 U.S.C. 1078-11(a)(2)) is amended--
(1) in subparagraph (A), by striking ``(other than an
excepted PLUS loan or an excepted consolidation loan (as such
terms are defined in section 493C(a)))''; and
(2) in subparagraph (B), by striking ``(other than an
excepted PLUS loan or an excepted consolidation loan)''.
(e) Other Repayment Plans.--Any plan for the repayment of loans
made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), which is finalized by the Secretary of Education on or after
the date of enactment of this Act, shall include the repayment of a
loan under section 428B of the Higher Education Act of 1965, or a
Federal Direct PLUS Loan under part D of title IV of such Act, that is
made, insured, or guaranteed on behalf of a dependent student.
TITLE III--BORROWERS' RIGHT TO A MEANINGFUL DEGREE
SEC. 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN
DEFAULT.
No evidence of an individual's default on the repayment of a loan
made, insured, or guaranteed under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.) may be admitted into evidence in a
Federal or State proceeding involving the individual's professional or
vocational license.
SEC. 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN
DEFAULT.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) (as amended by section 301) is further amended by adding at
the end the following new paragraph:
``(31)(A) The institution will not prohibit a student from
accessing the student's transcripts, degree scrolls, or other
certifications of coursework or educational attainments at the
institution because the student is in default on the repayment
of a loan made, insured, or guaranteed under this title.
``(B) For purposes of this paragraph, the term `student'
includes former students.''.
TITLE IV--RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN
PUBLIC SERVICE CAREERS
SEC. 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN
PUBLIC SERVICE JOBS FOR 5 YEARS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2), the following:
``(3) Additional loan cancellation for certain borrowers.--
``(A) In general.--The Secretary shall--
``(i) after the conclusion of the
employment period described in subparagraph
(B)(ii) for an eligible borrower, cancel the
obligation to repay 10 percent of the balance
of interest and principal due, as of the time
of such cancellation, on the eligible Federal
Direct Loans made to the borrower under this
part; and
``(ii) after the loan cancellation under
clause (i), carry out such loan cancellation
for each year in which the borrower makes 12
monthly payments on the eligible Federal Direct
Loans pursuant to any one or a combination of
the repayment plans described in subclauses (I)
through (IV) of subparagraph (B)(i) and is
employed in a public service job during the
period in which the borrower makes each of such
payments, except that once the borrower is
eligible for the loan cancellation under
paragraph (2) the Secretary shall carry out the
loan cancellation under paragraph (2) in lieu
of the loan cancellation under this clause.
``(B) Eligible borrower.--In this paragraph, an
eligible borrower is a borrower who--
``(i) has made 60 monthly payments on the
eligible Federal Direct Loan after October 1,
2015, pursuant to any one or a combination of
the following--
``(I) payments under an income-
based repayment plan under section
493C;
``(II) payments under a standard
repayment plan under subsection
(d)(1)(A), based on a 10-year repayment
period;
``(III) monthly payments under a
repayment plan under subsection (d)(1)
or (g) of not less than the monthly
amount calculated under subsection
(d)(1)(A), based on a 10-year repayment
period; or
``(IV) payments under an income
contingent repayment plan under
subsection (d)(1)(D); and
``(ii) has been employed in a public
service job during the period in which the
borrower makes each of the 60 payments
described in clause (i).''. | Student Loan Debt Protection Act of 2015 This bill amends the federal bankruptcy code to permit a borrower to discharge in bankruptcy a nonprofit, government, or private student loan, or an obligation to repay an educational benefit, scholarship, or stipend. It amends title IV (Student Assistance) of the Higher Education Act of 1965 to reinstate the six-year statute of limitations on actions to recover on defaulted student loans. The bill prohibits collecting the amount owed on a defaulted federal student loan through: (1) offsets of social security, railroad retirement, or black lung benefits; (2) offsets of tax refunds; or (3) wage garnishment. It amends the Internal Revenue Code to exclude from an individual's gross income: (1) discharged student loan debt, and (2) income distributions from qualified tuition plans that are used to pay the interest or principal on student loans. The bill makes parent PLUS loans eligible for income-contingent repayment plans, including the Pay As You Earn repayment plan. Additionally, it makes parent PLUS loans and consolidation loans that repay parent PLUS loans eligible for income-based repayment plans and loan forgiveness for service in areas of national need. It prohibits: (1) evidence of an individual's default on a federal student loan from being used in a federal or state proceeding involving the individual's professional or vocational license, and (2) an institution of higher education from blocking access to a student's records due to federal student loan default. Finally, the bill modifies the public service loan forgiveness program to require the Department of Education to forgive 50% of the Direct loan balance for an eligible borrower who is employed in a public service job and makes 60 monthly payments after October 1, 2015. | {"src": "billsum_train", "title": "Student Loan Debt Protection Act of 2015"} | 3,617 | 358 | 0.454834 | 1.399242 | 0.70458 | 2.575221 | 8.979351 | 0.846608 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocity Ensures Streamlined Use
of Lifesaving Treatments Act of 2015''.
SEC. 2. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, BIOLOGICAL
PRODUCTS, AND DEVICES.
The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 524A of such Act (21 U.S.C. 360n-1) the following:
``SEC. 524B. RECIPROCAL MARKETING APPROVAL.
``(a) In General.--A covered product with reciprocal marketing
approval in effect under this section is deemed to be subject to an
application or premarket notification for which an approval or
clearance is in effect under section 505(c), 510(k), or 515 of this Act
or section 351(a) of the Public Health Service Act, as applicable.
``(b) Eligibility.--The Secretary shall, with respect to a covered
product, grant reciprocal marketing approval if--
``(1) the sponsor of the covered product submits a request
for reciprocal marketing approval; and
``(2) the request demonstrates to the Secretary's
satisfaction that--
``(A) the covered product is authorized to be
lawfully marketed in one or more of the countries
included in the list under section 802(b)(1);
``(B) absent reciprocal marketing approval, the
covered product is not approved or cleared for
marketing, as described in subsection (a);
``(C) the Secretary has not, because of any concern
relating to the safety or effectiveness of the covered
product, rescinded or withdrawn any such approval or
clearance;
``(D) the authorization to market the covered
product in one or more of the countries included in the
list under section 802(b)(1) has not, because of any
concern relating to the safety or effectiveness of the
covered product, been rescinded or withdrawn;
``(E) the covered product is not a banned device
under section 516; and
``(F) there is a public health or unmet medical
need for the covered product in the United States.
``(c) Safety and Effectiveness.--
``(1) In general.--The Secretary--
``(A) may decline to grant reciprocal marketing
approval under this section with respect to a covered
product if the Secretary affirmatively determines that
the covered product--
``(i) is a drug that is not safe and
effective; or
``(ii) is a device for which there is no
reasonable assurance of safety and
effectiveness; and
``(B) may condition reciprocal marketing approval
under this section on the conduct of specified
postmarket studies, which may include such studies
pursuant to a risk evaluation and mitigation strategy
under section 505-1.
``(2) Report to congress.--Upon declining to grant
reciprocal marketing approval under this section with respect
to a covered product, the Secretary shall--
``(A) include the denial in a list of such denials
for each month; and
``(B) not later than the end of the respective
month, submit the list to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of
the Senate.
``(d) Request.--A request for reciprocal marketing approval shall--
``(1) be in such form, be submitted in such manner, and
contain such information as the Secretary deems necessary to
determine whether the criteria listed in subsection (b)(2) are
met; and
``(2) include, with respect to each country included in the
list under section 802(b)(1) where the covered product is
authorized to be lawfully marketed, as described in subsection
(b)(2)(A), an English translation of the dossier issued by such
country to authorize such marketing.
``(e) Timing.--The Secretary shall issue an order granting, or
declining to grant, reciprocal marketing approval with respect to a
covered product not later than 30 days after the Secretary's receipt of
a request under subsection (b)(1) for the product. An order issued
under this subsection shall take effect subject to Congressional
disapproval under subsection (g).
``(f) Labeling; Device Classification.--During the 30-day period
described in subsection (e)--
``(1) the Secretary and the sponsor of the covered product
shall expeditiously negotiate and finalize the form and content
of the labeling for a covered product for which reciprocal
marketing approval is to be granted; and
``(2) in the case of a device for which reciprocal
marketing approval is to be granted, the Secretary shall--
``(A) classify the device pursuant to section 513;
and
``(B) determine whether, absent reciprocal
marketing approval, the device would need to be cleared
pursuant to section 510(k) or approved pursuant to
section 515 to be lawfully marketed under this Act.
``(g) Congressional Disapproval of FDA Orders.--
``(1) In general.--A decision of the Secretary to decline
to grant reciprocal marketing approval under this section shall
not take effect if a joint resolution of disapproval of the
decision is enacted.
``(2) Procedure.--
``(A) In general.--Subject to subparagraph (B), the
procedures described in subsections (b) through (g) of
section 802 of title 5, United States Code, shall apply
to the consideration of a joint resolution under this
subsection.
``(B) Terms.--For purposes of this subsection--
``(i) the reference to `section 801(a)(1)'
in section 802(b)(2)(A) of title 5, United
States Code, shall be considered to refer to
subsection (c)(2); and
``(ii) the reference to `section
801(a)(1)(A)' in section 802(e)(2) of title 5,
United States Code, shall be considered to
refer to subsection (c)(2).
``(3) Effect of congressional disapproval.--Reciprocal
marketing approval under this section with respect to the
applicable covered product shall take effect upon enactment of
a joint resolution of disapproval under this subsection.
``(h) Applicability of Relevant Provisions.--The provisions of this
Act shall apply with respect to a covered product for which reciprocal
marketing approval is in effect to the same extent and in the same
manner as such provisions apply with respect to a product for which
approval or clearance of an application or premarket notification under
section 505(c), 510(k), or 515 of this Act or section 351(a) of the
Public Health Service Act, as applicable, is in effect.
``(i) Fees for Request.--For purposes of imposing fees under
chapter VII, a request for reciprocal marketing approval under this
section shall be treated as an application or premarket notification
for approval or clearance under section 505(c), 510(k), or 515 of this
Act or section 351(a) of the Public Health Service Act, as applicable.
``(j) Outreach.--The Secretary shall conduct an outreach campaign
to encourage the sponsors of covered products that are potentially
eligible for reciprocal marketing approval to request such approval.
``(k) Covered Product Defined.--In this section, the term `covered
product' means a drug, biological product, or device.''. | Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to establish a reciprocal marketing approval process that allows for the sale of a drug, biological product, or medical device that has not been approved by the Food and Drug Administration (FDA) if the product is approved for sale in another country. For a product to be granted reciprocal marketing approval, the product's sponsor must submit a request to the FDA that demonstrates: (1) the product may be sold in at least one country from a specified list of countries, (2) the FDA and listed countries have not withdrawn approval of the product because of safety or effectiveness concerns, and (3) there is a public health or unmet medical need for the product. The FDA may: (1) require postmarket studies of a product granted reciprocal marketing approval, or (2) decline to approve a product that is not safe and effective. The FDA must grant or decline reciprocal marketing approval not later than 30 days after receiving a request. During that period, the FDA and product sponsor must negotiate and finalize product labeling and, for a medical device, classify the device. Congress may pass a joint resolution to grant reciprocal marketing approval to a product that the FDA declines to approve through this process. User fees apply to requests for reciprocal marketing approval. The FDA must encourage the sponsors of potentially eligible products to request reciprocal marketing approval. | {"src": "billsum_train", "title": "Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2015"} | 1,675 | 314 | 0.633868 | 1.912661 | 0.866372 | 2.594306 | 5.263345 | 0.893238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Website for American Taxpayers to
Check and Help Deter Out-of-control Government Spending Act'' or
``WATCHDOGS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency
as defined under section 105 of title 5, United States Code.
(2) Contractor entity.--The term ``contractor entity''
means any entity that receives Federal funds as a general
contractor or subcontractor at any tier in connection with a
Federal contract.
(3) Covered entity.--The term ``covered entity'' means any
entity that receives Federal funds--
(A) through a grant or loan, except--
(i) a grant or loan under entitlement
authority; or
(ii) a loan designated by the Office of
Management and Budget under section 2(a)(3); or
(B) under a statutory provision that directly
references the entity receiving Federal funds,
including any appropriations Act (or related committee
or conference report) that specifically identifies the
entity.
(4) Entitlement authority.--The term ``entitlement
authority'' has the meaning given under section 3 of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 622).
(5) Entity.--The term ``entity''--
(A) includes any State or local government; and
(B) shall not include the Federal Government.
SEC. 3. DISCLOSURE BY ENTITIES.
(a) Office of Management and Budget.--The Office of Management and
Budget--
(1) shall issue a Federal funds application number to each
covered entity or contractor entity that applies for such
number, except that if more than 1 covered entity or contractor
entity share a single tax identification number, only 1 Federal
funds application number shall be issued for those covered
entities or contractor entities;
(2) shall develop and establish an updated searchable
database website accessible to the public of the information
on--
(A) each covered entity required to be submitted
under subsection (b)(3), including links to other
websites described under subsection (b)(3); and
(B) each contractor entity required to be submitted
under subsection (c)(3);
(3) may promulgate regulations to designate loan programs
which are not covered by this Act if--
(A) the Federal funds under that program are
received only by individuals; and
(B) the agency administering the program exercises
minimal discretion in determining recipients other than
the application of specific criteria of eligibility;
and
(4) after consultation with agencies, promulgate
regulations to provide exemptions for disclosures of
information, covered entities, and contractor entities in the
interest of national defense or national security.
(b) Requirements for Covered Entities.--Each covered entity shall--
(1) apply to the Office of Management and Budget for a
Federal funds application number;
(2) use the Federal funds application number in any
application or other document relating to the receipt of
Federal funds; and
(3) not later than 45 days before the end of each fiscal
year, file a report with the Office of Management and Budget
that includes--
(A) the dollar amount, of any Federal funds
received by the entity in the previous 5 years and the
identification of such amounts in each year, including
an identification of the source of funds from programs
based on the Catalogue of Federal Assistance, if
applicable;
(B) the entity's--
(i) primary office and any additional
offices;
(ii) the tax status; and
(iii) tax identification number;
(C) the full name, address, and social security
numbers of each officer and director of the entity;
(D) an overall annual financial disclosure
statement for the previous year (with specific amounts
for total lobbying expenses, travel expenses, rent,
salaries, and decorating expenses);
(E) the full name, address, and social security
number of each employee making more than $50,000 each
year in gross income;
(F) any links to the website of the covered entity
providing additional information on that covered
entity; and
(G) any other relevant information the Office of
Management and Budget may require.
(c) Requirements for Contractor Entities.--Each contractor entity
shall--
(1) apply to the Office of Management and Budget for a
Federal funds application number;
(2) use the Federal funds application number in any
application or other document relating to the receipt of
Federal funds; and
(3) not later than 45 days before the end of each fiscal
year, file a report with the Office of Management and Budget
that includes--
(A) the dollar amount, of any Federal funds
received by the entity in the previous 5 years and the
identification of such amounts in each year, including
an identification of the source of funds from programs
based on the Catalogue of Federal Assistance, if
applicable; and
(B) the entity's--
(i) primary office and any additional
offices;
(ii) the tax status; and
(iii) tax identification number.
(d) Federal Agencies.--Each agency shall--
(1) use the Federal funds application number with respect
to any document relating to a covered entity or contractor
entity receiving Federal funds, including applications,
correspondence, contracts, memoranda, proposals, agreements,
and receipts; and
(2) make such information relating to covered entities or
contractor entities and such documents available to the Office
of Management and Budget as the Office may require.
(e) Application of Certain Federal Laws to Covered Entities and
Contractor Entities.--
(1) In general.--Notwithstanding any other provision of
law, the provisions of law described under paragraph (2) shall
apply to a covered entity or contractor entity to the greatest
extent practicable as though that covered entity or contractor
entity is a Federal agency, if 10 percent of the business
expenditures or annual budget of a covered entity or contractor
entity is derived by or from Federal funds.
(2) Applicable laws.--The provisions of law referred to
under paragraph (1) are--
(A) section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information
Act); and
(B) subchapter I of chapter 57 of title 5, United
States Code (relating to travel and subsistence
expenses and mileage allowances).
(f) Regulations.--The Office of Management and Budget shall
promulgate regulations to carry out this Act.
(g) Effective Dates.--
(1) In general.--This Act shall take effect on January 1,
2007.
(2) Regulations.--Subsection (f) shall take effect on the
date of enactment of this Act. | Website for American Taxpayers to Check and Help Deter Out-of-control Government Spending Act or WATCHDOGS Act - Defines: (1) a "contractor entity" as any entity that receives federal funds as a general contractor or subcontractor at any tier in connection with a federal contract; and (2) "covered entity" as any entity that receives federal funds through a grant or loan, with exceptions. Requires each contractor entity and covered entity to: (1) apply to the Office of Management and Budget (OMB) for a federal funds application number; and (2) annually provide OMB with specified information.
Directs OMB to: (1) issue a federal funds application number to each covered entity or contractor entity that applies for such number; (2) develop and establish a publicly accessible searchable database website of information on each covered entity and contractor entity; (3) promulgate regulations to designate, as specified, loan programs not covered by this Act; and (4) provide for information disclosure exemptions in the interest of national defense or national security.
Requires each federal agency to: (1) use the federal funds application number with respect to any document relating to a covered entity or contractor entity receiving federal funds; and (2) make such information relating to covered entities or contractor entities available to OMB as OMB may require. | {"src": "billsum_train", "title": "A bill to require full disclosure by entities receiving Federal funds, and for other purposes."} | 1,446 | 285 | 0.693524 | 2.149943 | 0.816315 | 5.329502 | 5.306513 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Runaway and Homeless Youth Inclusion
Act of 2013''.
SEC. 2. CULTURAL COMPETENCY OF SERVICE PROVIDERS.
(a) Basic Centers.--Section 312(b) of the Runaway and Homeless
Youth Act (42 U.S.C. 5712(b)) is amended--
(1) in paragraph (6) by inserting after ``cultural
minority'' the following: ``, persons who are in a minority
category related to sexual orientation or gender identity or
expression,'';
(2) in paragraph (7) by inserting after ``services),'' the
following: ``including demographics on the sexual orientation
and gender identity or expression of the youth it serves,'';
(3) in paragraph (12)(C)(ii) by striking ``and'' at the
end;
(4) in paragraph (13) by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(14) shall serve youth in a manner that is culturally
competent.''.
(b) Transitional Living Programs.--Section 322(a) of such Act (42
U.S.C. 5714-2(a)) is amended--
(1) in paragraph (15) by striking ``and'' at the end;
(2) in paragraph (16) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(17) to serve youth in a manner that is culturally
competent.''.
(c) Sexual Abuse Prevention Programs.--Section 351 of such Act (42
U.S.C. 5714-41) is amended by adding at the end the following:
``(c) Qualification Requirement.--To be eligible to receive grants
under subsection (a), an applicant shall certify to the Secretary that
the applicant has systems in place to ensure that the applicant
provides services to all youth in a culturally competent manner.''.
SEC. 3. ADDITIONAL FINDING.
(a) Finding.--Section 302 of the Runaway and Homeless Youth Act (42
U.S.C. 5701) is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) lesbian, gay, bisexual, and transgender youth
comprise an estimated 3 to 5 percent of the youth population of
the United States but such youth account for up to 40 percent
of the homeless youth population of the United States; and''.
SEC. 4. ADDITIONAL PURPOSES.
Section 311(a)(2)(C) of the Runaway and Homeless Youth Act (42
U.S.C. 5711(a)(2)(C)) is amended--
(1) in clause (iii) by striking ``and'' at the end;
(2) in clause (iv) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(v) family assessment, intervention, and
reunification services for families of sexual
and gender minority youth; and
``(vi) providing resources for families of
sexual and gender minority youth who may be
struggling with understanding or accepting the
sexual orientation or gender identity or
expression of the individual.''.
SEC. 5. REPORT REQUIREMENT.
Section 345(a) of the Runaway and Homeless Youth Act (42 U.S.C.
5714-25(a)) is amended--
(1) in paragraph (1) by striking ``and'' at the end; and
(2) by adding at the end the following:
``(3) that includes data on the demographics of such
individuals, including whether such individuals are sexual and
gender minority youth; and
``(4) that does not disclose the identity of individual
runaway or homeless youth.''.
SEC. 6. INCLUSION OF NONDISCRIMINATION STATEMENT IN RUNAWAY AND
HOMELESS YOUTH ACT.
Part F of title III of the Runaway and Homeless Youth Act (42
U.S.C. 5714a et seq.) is amended by adding at the end the following:
``SEC. 390. NONDISCRIMINATION.
``(a) In General.--No person in the United States shall, on the
basis of actual or perceived race, color, religion, national origin,
sex, sexual orientation, gender identity or expression, or disability,
be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under--
``(1) any program or activity funded in whole or in part
with funds made available under this title; or
``(2) any program or activity funded in whole or in part
with funds appropriated for grants, agreements, and other
assistance administered with funds made available under this
title.
``(b) Discrimination.--The authority of the Attorney General and
the Office of Justice Programs to enforce this section shall be the
same as it is under section 809 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3789d).
``(c) Limitation on Statutory Construction.--Nothing in this
section may be construed, interpreted, or applied to supplant,
displace, preempt, or otherwise diminish the responsibilities and
liabilities under other State or Federal civil rights law, whether
statutory or common.''.
SEC. 7. DEFINITIONS.
Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a)
is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (9) through (12), respectively;
(2) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6), respectively;
(3) by redesignating paragraph (1) as paragraph (2);
(4) by inserting after ``In this title:'' the following:
``(1) Culturally competent.--The term `culturally
competent' means--
``(A) having a defined set of values and principles
and demonstrate behaviors, attitudes, policies, and
structures that enable effective working relationships
with individuals of diverse backgrounds, including
sexual and gender minority youth; and
``(B) having the demonstrated capacity to--
``(i) value diversity;
``(ii) conduct self-assessment;
``(iii) manage the dynamics of difference;
``(iv) acquire and institutionalize
cultural knowledge; and
``(v) adapt to diversity and cultural
contexts of a community.'';
(5) by inserting after paragraph (2) (as redesignated by
paragraph (3) of this section) the following:
``(3) Gender identity or expression.--The term `gender
identity or expression' means an individual's gender-related
identity, appearance, or behavior, whether or not that
identity, appearance, or behavior differs from that which is
traditionally associated with the individual's physiology or
assigned sex at birth.''; and
(6) by inserting after paragraph (6) (as redesignated by
paragraph (2) of this section) the following:
``(7) Sexual and gender minority youth.--The term `sexual
and gender minority youth' means a runaway or homeless youth
covered under this Act who is in a minority category related to
sexual orientation or gender identity or expression.
``(8) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.''. | Runaway and Homeless Youth Inclusion Act of 2013 - Amends the Runaway and Homeless Youth Act to revise requirements for services provided under grants from the Secretary of Health and Human Services (HHS) for centers for runaway and homeless youth and their families. Requires the plan proposed by grant applicants for a runaway and homeless youth center to: provide services to persons in a minority category related to sexual orientation or gender identity or expression, include demographics on the sexual orientation and gender identity or expression of the youth it serves within its statistical records, and serve youth in a manner that is culturally competent. Revises requirements for: transitional living programs for homeless youth to require such programs to serve them in a manner that is culturally competent, and sexual abuse prevention programs to require certification to HHS that these programs have systems in place to ensure services to all youth in such a manner. Requires the HHS report on periodic estimates of incidence and prevalence of youth homelessness to include data on the demographics of such individuals (except identity), including whether they are sexual and gender minority youth. Prohibits any person in the United States, on the basis of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender identity or expression, or disability, from being excluded from participation in, denied the benefits of, or subjected to discrimination under: (1) any program or activity funded in whole or in part with funds made available under the Act; or (2) any program or activity funded in whole or in part with funds appropriated for grants, agreements, and other assistance administered with such funds. Grants the Attorney General and the Office of Justice Programs the same authority to enforce this Act as granted under the Omnibus Crime Control and Safe Streets Act of 1968. | {"src": "billsum_train", "title": "Runaway and Homeless Youth Inclusion Act of 2013"} | 1,711 | 383 | 0.611917 | 1.7857 | 0.761614 | 4.892442 | 4.5 | 0.863372 |
SECTION 1. FINDINGS.
Congress finds that--
(1) the Middle Rio Grande bosque is--
(A) a unique riparian forest located in
Albuquerque, New Mexico;
(B) the largest continuous cottonwood forest in the
Southwest;
(C) 1 of the oldest continuously inhabited areas in
the United States;
(D) home to portions of 6 pueblos; and
(E) a critical flyway and wintering ground for
migratory birds;
(2) the portion of the Middle Rio Grande adjacent to the
Middle Rio Grande bosque provides water to many people in the
State of New Mexico;
(3) the Middle Rio Grande bosque should be maintained in a
manner that protects endangered species and the flow of the
Middle Rio Grande while making the Middle Rio Grande bosque
more accessible to the public;
(4) environmental restoration is an important part of the
mission of the Corps of Engineers; and
(5) the Corps of Engineers should reestablish, where
feasible, the hydrologic connection between the Middle Rio
Grande and the Middle Rio Grande bosque to ensure the permanent
healthy growth of vegetation native to the Middle Rio Grande
bosque.
SEC. 2. DEFINITIONS.
In this Act:
(1) Critical restoration project.--The term ``critical
restoration project'' means a project carried out under this
Act that will produce, consistent with Federal programs,
projects, and activities, immediate and substantial ecosystem
restoration, preservation, recreation, and protection benefits.
(2) Middle rio grande.--The term ``Middle Rio Grande''
means the portion of the Rio Grande from Cochiti Dam to the
headwaters of Elephant Butte Dam, in the State of New Mexico.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. MIDDLE RIO GRANDE RESTORATION.
(a) Critical Restoration Projects.--The Secretary shall carry out
critical restoration projects along the Middle Rio Grande.
(b) Project Selection.--
(1) In general.--The Secretary may select critical
restoration projects in the Middle Rio Grande based on
feasibility studies.
(2) Use of existing studies and plans.--In carrying out
subsection (a), the Secretary shall use, to the maximum extent
practicable, studies and plans in existence on the date of
enactment of this Act to identify the needs and priorities for
critical restoration projects.
(c) Local Participation.--In carrying out this Act, the Secretary
shall consult with, and consider the priorities of, public and private
entities that are active in ecosystem restoration in the Rio Grande
watershed, including entities that carry out activities under--
(1) the Middle Rio Grande Endangered Species Act
Collaborative Program; and
(2) the Bosque Improvement Group of the Middle Rio Grande
Bosque Initiative.
(d) Cost Sharing.--
(1) Cost-sharing agreement.--Before carrying out any
critical restoration project under this Act, the Secretary
shall enter into an agreement with the non-Federal interests
that shall require the non-Federal interests--
(A) to pay 25 percent of the total costs of the
critical restoration project;
(B) to provide land, easements, rights-of-way,
relocations, and dredged material disposal areas
necessary to carry out the critical restoration
project;
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the critical restoration project
that are incurred after the date of enactment of this
Act; and
(D) to hold the United States harmless from any
claim or damage that may arise from carrying out the
critical restoration project (other than any claim or
damage that may arise from the negligence of the
Federal Government or a contractor of the Federal
Government).
(2) Recreational features.--
(A) In general.--Any recreational features included
as part of a critical restoration project shall
comprise not more that 30 percent of the total project
cost.
(B) Non-federal funding.--The full cost of any
recreational features included as part of a critical
restoration project in excess of the amount described
in subparagraph (A) shall be paid by the non-Federal
interests.
(3) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of the cost of design or
construction activities carried out by the non-Federal
interests before the execution of the project cooperation
agreement if the Secretary determines that the work performed
by the non-Federal interest is integral to the project.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $10,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each of fiscal years
2005 through 2013. | Directs the Secretary of the Army to: (1) carry out critical restoration projects along the Middle Rio Grande in New Mexico, from Cochiti Dam to the headwaters of the Elephant Butte Dam; and (2) consult with certain local environmental groups in carrying out such projects. Requires non-federal interests to pay 25 percent of project costs. Prohibits recreational features of a project from comprising more than 30 percent of the total project cost. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Army to carry out critical restoration projects along the Middle Rio Grande."} | 1,040 | 98 | 0.554833 | 1.595727 | 0.725507 | 3.119048 | 11.511905 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting New Manufacturing Act''.
SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.
(a) In General.--The Administrator shall, with respect to fiscal
year 2008 and each subsequent fiscal year, publish in a readily
accessible location on the Environmental Protection Agency's public
Website the Agency's estimate of the following:
(1) The total number of preconstruction permits issued
during the fiscal year.
(2) The percentage of such preconstruction permits issued
within one year after the date of filing of a completed
application.
(3) The average length of time for the Agency's
Environmental Appeals Board to issue a final decision on
petitions appealing decisions to grant or deny a
preconstruction permit application.
(b) Initial Publication; Updates.--The Administrator shall--
(1) make the publication required by subsection (a) for
fiscal years 2008 through 2013 not later than 60 days after the
date of enactment of this Act; and
(2) update such publication not less than annually.
(c) Sources of Information.--In carrying out this section:
(1) With respect to information to be published for fiscal
years 2008 through 2013, the Environmental Protection Agency's
estimates shall be based on information that is in the Agency's
possession as of the date of enactment of this Act, including
information in the RACT/BACT/LAER Clearinghouse database.
(2) With respect to information to be published for any
fiscal year, nothing in the section compels the Environmental
Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by
States and local air agencies for the RACT/BACT/LAER
Clearinghouse database.
SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR
REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN
PRECONSTRUCTION PERMITTING.
(a) In General.--In publishing any final rule establishing or
revising a national ambient air quality standard, the Administrator
shall, as the Administrator determines necessary and appropriate to
assist States, permitting authorities, and permit applicants,
concurrently publish regulations and guidance for implementing the
standard, including information relating to submission and
consideration of a preconstruction permit application under the new or
revised standard.
(b) Applicability of Standard to Preconstruction Permitting.--If
the Administrator fails to publish final regulations and guidance that
include information relating to submission and consideration of a
preconstruction permit application under a new or revised national
ambient air quality standard concurrently with such standard, then such
standard shall not apply to the review and disposition of a
preconstruction permit application until the Agency has published such
final regulations and guidance.
(c) Rules of Construction.--
(1) After publishing regulations and guidance for
implementing national ambient air quality standards under
subsection (a), nothing in this section shall preclude the
Environmental Protection Agency from issuing subsequent
regulations or guidance to assist States and facilities in
implementing such standards.
(2) Nothing in this section shall be construed to eliminate
the obligation of a preconstruction permit applicant to install
best available control technology and lowest achievable
emissions rate technology, as applicable.
(3) Nothing in this section shall be construed to limit the
authority of a State, local, or tribal permitting authority to
impose more stringent emissions requirements pursuant to State,
local, or tribal law than Federal national ambient air quality
standards established by the Environmental Protection Agency.
SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF
PRECONSTRUCTION PERMITS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to Congress a report--
(1) identifying the activities being undertaken by the
Environmental Protection Agency to increase the efficiency of
the preconstruction permitting process;
(2) identifying the specific reasons for delays in
issuing--
(A) preconstruction permits required under part C
of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond
the one-year statutory deadline mandated by section
165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or
(B) preconstruction permits required under part D
of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond
the one-year period beginning on the date on which the
permit application is determined to be complete;
(3) describing how the Agency is resolving delays in making
completeness determinations for preconstruction permit
applications;
(4) describing how the Agency is resolving processing
delays for preconstruction permits, including any increases in
communication with State and local permitting authorities; and
(5) summarizing and responding to public comments
concerning the report received under subsection (b).
(b) Public Comment.--Before submitting each report required by
subsection (a), the Administrator shall publish a draft report on the
Website of the Environmental Protection Agency and provide the public
with a period of at least 30 days to submit comments on the draft
report.
(c) Sources of Information.--Nothing in this section compels the
Environmental Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by States and
local air agencies for the RACT/BACT/LAER Clearinghouse database.
SEC. 5. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available control technology.--The term ``best
available control technology'' has the meaning given to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Lowest achievable emissions rate.--The term ``lowest
achievable emissions rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(4) Major emitting facility; major stationary source.--The
terms ``major emitting facility'' and ``major stationary
source'' have the meaning given to those terms in section
302(j) of the Clean Air Act (42 U.S.C. 7602(j)).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard for an air pollutant under section
109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on
or after the date of enactment of this Act.
(6) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under part C or
D of title I of the Clean Air Act (42 U.S.C. 7470 et
seq.) for the construction or modification of a major
emitting facility or major stationary source; and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
tribal permitting authority.
(7) RACT/BACT/LAER clearinghouse database.--The term
``RACT/BACT/LAER Clearinghouse database'' means the central
database of air pollution technology information that is posted
on the Environmental Protection Agency's Website.
Passed the House of Representatives November 20, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Promoting New Manufacturing Act - (Sec. 2) Requires the Environmental Protection Agency (EPA) to publish on its website for FY2008 and each subsequent fiscal year: the total number of preconstruction permits issued annually under the Clean Air Act's New Source Review Program for the construction or modification of a major emitting facility or major stationary source (any stationary facility or source of air pollutants which directly emits, or has the potential to emit, 100 tons per year or more of any air pollutant); the percentage of permits issued within one year of the application; and the average length of time for the EPA's Environmental Appeals Board to decide appeals of decisions to grant or deny a permit. (Sec. 3) Requires the EPA to publish concurrently regulations and guidance for implementing any final rule establishing or revising a national ambient air quality standard (NAAQS). Prohibits a NAAQS from applying to the review and disposition of a permit application until the EPA has met this requirement. Prohibits this Act from being construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and the lowest achievable emissions rate technology. (Sec. 4) Requires the EPA to submit annually a report on actions to expedite the process for review of preconstruction permits. | {"src": "billsum_train", "title": "Promoting New Manufacturing Act"} | 1,640 | 298 | 0.629011 | 2.027909 | 0.781729 | 3.269388 | 5.893878 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) The No Child Left Behind Act of 2001 represents the
most sweeping revision of education policy in a generation.
(4) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149) funded the No Child Left Behind Act of
2001 at $23,510,000,000 ($13,360,000,000 below its 2006
authorized level), causing 3,100,000 students not to receive
the Title I help they were promised.
(5) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(6) The Individuals with Disabilities Education Improvement
Act committed the Congress to providing 40 percent of the
national current average per pupil expenditure for special
education students.
(7) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149) funded the Individuals with Disabilities
Education Act Part B state grants at $10,700,000,000,
representing only 18 percent of the national current average
per pupil expenditures for special education students
(8) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2007, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2007
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $23,504,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(2) for fiscal year 2008, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2008
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $28,315,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(3) for fiscal year 2009, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2009
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $33,126,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(4) for fiscal year 2010, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2010
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $37,938,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(5) for fiscal year 2011, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2011
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $42,749,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(6) for fiscal year 2012, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2012
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $47,560,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(7) for fiscal year 2013, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2013
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $52,371,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher; and
(8) for fiscal year 2014, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2014
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $57,182,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher.
(b) Use of Funds.--Funds appropriated under subsection (a)--
(1) shall be used to carry out the programs of the
Elementary and Secondary Education Act of 1965, as amended by
the No Child Left Behind Act of 2001; and
(2) shall be allocated among such programs in the same
ratio as funds otherwise appropriated to carry out such
programs.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) In General.--Section 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as
follows:
``(i) Mandatory Funding.--For the purpose of carrying out this
part, other than section 619, there are appropriated, out of any money
in the Treasury not otherwise appropriated--
``(1) $10,568,000,000 for fiscal year 2007;
``(2) $12,068,000,000 for fiscal year 2008;
``(3) $13,782,000,000 for fiscal year 2009;
``(4) $15,738,000,000 for fiscal year 2010;
``(5) $17,973,000,000 for fiscal year 2011;
``(6) $20,525,000,000 for fiscal year 2012;
``(7) $23,439,000,000 for fiscal year 2013;
``(8) $26,766,000,000 for fiscal year 2014;
``(9) $30,567,000,000 for fiscal year 2015; and
``(10) for fiscal year 2016 and each subsequent fiscal
year--
``(A) the number of children with disabilities in
the 2014-2015 school year in the States, outlying
areas, and freely associated States who received
special education and related services--
``(i) aged 3 through 5 if the States,
outlying areas, and freely associated States
are eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of annual change in the sum of--
``(i) 85 percent of such State's, outlying
area's, and freely associated State's
population described in subsection
(d)(3)(A)(i)(II); and
``(ii) 15 percent of such State's, outlying
area's, and freely associated State's
population described in subsection
(d)(3)(A)(i)(III).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2006.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements. | Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Makes appropriations of: (1) the greater of specified amounts or the authorized amounts for programs under the Elementary and Secondary Education Act of 1965 for FY2007-FY2014; and (2) specified amounts for FY2007-FY2015 and an amount determined pursuant to a specified formula (based on the number of children who received special education, the average per-pupil expenditure, and the rate of change in a state's population) for FY2016 and thereafter for the Individuals with Disabilities Education Act.
Requires such appropriated amounts to be expended consistent with pay-as-you-go requirements. | {"src": "billsum_train", "title": "To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act."} | 1,669 | 153 | 0.542194 | 1.491013 | 0.80302 | 3.542636 | 12.271318 | 0.875969 |
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Rocky Mountain
National Park Wilderness Act of 1999''.
(b) Purpose.--The purpose of this Act is to include in the National
Wilderness Preservation System certain lands within the Rocky Mountain
National Park, Colorado, in order to protect the enduring scenic and
historic wilderness character and unique wildlife values of the lands
as well as the scientific, educational, inspirational, and recreational
resources, values, and opportunities of the lands.
SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain
National Park, Colorado, which comprise approximately 249,562 acres, as
generally depicted on the map entitled ``Rocky Mountain National Park,
Colorado Recommended Wilderness Boundaries'', numbered as Map #121-
60,403 and dated September 1998, are hereby designated as wilderness
and, therefore, as components of the National Wilderness Preservation
System. The designated lands shall be known as the Rocky Mountain
National Park Wilderness.
(b) Map and Description.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall file a map
and a boundary description of the lands designated as wilderness by
subsection (a) with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. The map and description shall have the same force and
effect as if included in this Act, except that the Secretary may
correct clerical and typographical errors in the map and description.
The map and description shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Department of the Interior.
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) Management Generally.--Subject to valid existing rights, lands
designated as wilderness by section 2(a) shall be managed by the
Secretary of the Interior in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this Act, except that, with respect to the
lands designated as wilderness by section 2(a), any reference in the
Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date of enactment of this Act.
(b) Potential Wilderness Lands.--
(1) Definition.--In this section, the term ``potential
wilderness lands'' means--
(A) lands that are identified as potential
wilderness on the map referred to in section 2(a); and
(B) lands and interests therein acquired by the
United States on or after the date of enactment of this
Act that are located within the boundaries of the Rocky
Mountain National Park and are contiguous with lands
designated as wilderness by this Act.
(2) Management.--Potential wilderness lands shall be
managed as components of the National Wilderness Preservation
System upon publication in the Federal Register of a notice by
the Secretary of the Interior that all uses of the lands
inconsistent with the Wilderness Act have ceased.
(c) Water Rights.--
(1) Findings.--The Congress finds that--
(A) according to decisions of the courts of the
State of Colorado, the United States has existing
rights to water within the Rocky Mountain National
Park;
(B) those rights are sufficient for the purposes of
the Rocky Mountain National Park Wilderness as
designated by section 2(a); and
(C) in light of the findings in subparagraphs (A)
and (B), there is no need for this Act to effect a
reservation by the United States of any additional
water rights to fulfill the purposes for which the
wilderness designation made by section 2(a) are made.
(2) No reservation.--Nothing in this Act or any action
taken pursuant to this Act shall constitute either an express
or implied reservation of water or water rights for any
purpose.
(d) Colorado-Big Thompson Project.--
(1) Current activities.--Activities on, under, or affecting
the lands designated as wilderness by section 2(a) relating to
the monitoring, operation, maintenance, repair, replacement,
and use of the Colorado-Big Thompson Project and its facilities
which were allowed as of June 1, 1998, shall be allowed to
continue and shall not be affected by the designation of the
lands as wilderness.
(2) New activities.--In addition to the activities
described in paragraph (1), any other activities on, under, or
affecting the lands designated as wilderness by section 2(a)
that because of emergencies or catastrophic events become
necessary for the operation, maintenance, repair, replacement,
and continue use of the Colorado-Big Thompson Project and its
facilities shall be allowed, subject only to reasonable
restrictions which are established by the Secretary of the
Interior to protect the wilderness values of the lands. In
implementing this paragraph, the Secretary shall not establish
any restrictions on the activities that would prevent the
occurrence of such necessary activities or that would reduce
the water supply provided by the Colorado-Big Thompson Project
or the Windy Gap Project.
(3) Relation to authority in act establishing park.--
Nothing in the first section of the Act of January 26, 1915 (16
U.S.C. 191; 38 Stat. 798), shall be construed to permit
development within the lands designated as wilderness by
section 2(a) of any reclamation project not in existence as of
the date of enactment of this Act.
(e) Exclusions.--
(1) Exclusion of certain lands.--Boundaries for the Rocky
Mountain National Park Wilderness and the potential wilderness
lands specifically exclude the following:
(A) The Grand Ditch (including both the main canal
of the Grand Ditch and a branch thereof known as the
specimen Ditch) and its right-of-way as well as
associated appurtenances, structures, buildings, camps,
and work sites in existence as of June 1, 1998.
(B) Lands owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and
the inlet ditch to such reservoir from the North St.
Vrain Creek, amounting to approximately 35.38 acres.
(2) Relation to lands outside wilderness.--Nothing in this
Act shall affect the management or use of any lands not
included within the boundaries of the Rocky Mountain National
Park Wilderness or the potential wilderness lands.
(f) No Buffer Zones.--Congress does not intend that the designation
by this Act of the Rocky Mountain National Park Wilderness creates or
implies the creation of protective perimeters or buffer zones around
the wilderness area. The fact that nonwilderness activities or uses can
be seen or heard from within the wilderness area shall not, of itself,
preclude such activities or uses up to the boundary of the wilderness
area. | Rocky Mountain National Park Wilderness Act of 1999 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness.
Allows the continuation of: (1) activities on, under, or affecting the lands designated as wilderness by this Act relating to the monitoring, operating, maintenance, repair, replacement, and use of the Colorado- Big Thompson Project (Project) and its facilities which were allowed as of June 1, 1998; and (2) any other activities that because of emergencies or catastrophic events become necessary for continued use of such Project and its facilities, subject only to reasonable restrictions established by the Secretary of the Interior to protect the wilderness values of such lands. Prohibits any restrictions on such activities that would prevent their occurrence or that would reduce the water supply provided by the Project or the Windy Gap Project. | {"src": "billsum_train", "title": "Rocky Mountain National Park Wilderness Act of 1999"} | 1,542 | 194 | 0.543517 | 1.437721 | 0.777428 | 4.544944 | 7.719101 | 0.949438 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rogue River National Forest
Interchange Act of 1998''.
SEC. 2. LAND TRANSFERS INVOLVING PUBLIC DOMAIN LANDS AND NATIONAL
FOREST SYSTEM LANDS IN THE STATE OF OREGON.
(a) Transfer From Public Domain to National Forest.--
(1) Land transfer.--The public domain lands depicted on the
map entitled ``__________'' and dated __________, consisting of
approximately 2,058.35 acres within the external boundaries of
the Rogue River National Forest in the State of Oregon (in this
section referred to as the ``National Forest'') are hereby
added to and made a part of the National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the public domain lands described in
paragraph (1) is hereby transferred from the Secretary of the
Interior to the Secretary of Agriculture. Subject to valid
existing rights, the Secretary of Agriculture shall administer
such lands as part of the National Forest under the laws,
rules, and regulations applicable to the National Forest.
(b) Transfer From National Forest to Public Domain.--
(1) Land transfer.--The Federal lands depicted on the map
entitled ``__________'' and dated __________, consisting of
approximately 1,555.15 acres within the external boundaries of
the National Forest, are hereby transferred to unreserved
public domain status, and the reservation of such lands as part
of the National Forest is hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands under
the laws, rules, and regulations applicable to unreserved
public domain lands.
(c) Restoration of Status of Certain National Forest Lands as
Revested Railroad Grant Lands.--
(1) Restoration of earlier status.--The Federal lands
depicted on the map enti- tled ``__________'' and dated
__________, consisting of approximately 4,298.00 acres within
the external boundaries of the National Forest, are hereby
restored to the status of revested Oregon and California
railroad grant lands, and the reservation of such lands as part
of the National Forest is hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands under
the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other
laws, rules, and regulations applicable to revested Oregon and
California railroad grant lands under the administrative
jurisdiction of the Secretary of the Interior.
(d) Addition of Certain Revested Railroad Grant Lands to National
Forest.--
(1) Land transfer.--The revested Oregon and California
railroad grant lands depicted on the map entitled
``__________'' and dated __________, consisting of
approximately 959.67 acres within the external boundaries of
the National Forest, are hereby added to and made a part of the
National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of the Interior to the
Secretary of Agriculture. Subject to valid existing rights, the
Secretary of Agriculture shall administer such lands as part of
the National Forest under the laws, rules, and regulations
applicable to the National Forest; except that, with respect to
the management of timber resources on such lands and the
disposition of revenues derived from such lands and resources
on such lands, the Secretary of Agriculture shall manage such
lands under the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.).
(e) Miscellaneous Requirements.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Interior and
the Secretary of Agriculture shall revise the public land records
relating to the lands transferred under this section to reflect the
administrative, boundary, and other changes made by this section. The
Secretaries shall publish in the Federal Register appropriate notice to
the public of the changes in administrative jurisdiction made by this
section with regard to lands described in this section. | Rogue River National Forest Interchange Act of 1998 - Provides for the transfer of specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest and others from the National Forest to public domain status.
Restores the status of certain revested Oregon and California railroad grant lands and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such Forest. | {"src": "billsum_train", "title": "Rogue River National Forest Interchange Act of 1998"} | 997 | 101 | 0.580974 | 1.349861 | 1.044469 | 3.035714 | 10.892857 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Money Laundering and
Terrorist Financing Act of 2006''.
TITLE I--MONEY LAUNDERING
SEC. 101. SPECIFIED UNLAWFUL ACTIVITY.
Section 1956(c)(7) of title 18, United States Code, is amended to
read as follows:
``(7) the term `specified unlawful activity' means--
``(A) any act or activity constituting an offense
in violation of the laws of the United States or any
State punishable by imprisonment for a term exceeding 1
year; and
``(B) any act or activity occurring outside of the
United States that would constitute an offense covered
under subparagraph (A) if the act or activity had
occurred within the jurisdiction of the United States
or any State;''.
SEC. 102. MAKING THE DOMESTIC MONEY LAUNDERING STATUTE APPLY TO
``REVERSE MONEY LAUNDERING'' AND INTERSTATE
TRANSPORTATION.
(a) In General.--Section 1957 of title 18, United States Code, is
amended--
(1) in the heading, by inserting ``or in support of
criminal activity'' after ``specified unlawful activity'';
(2) in subsection (a), by striking ``Whoever'' and
inserting the following:
``(1) Whoever''; and
(3) by adding at the end the following:
``(2) Whoever--
``(A) in any of the circumstances set forth in subsection
(d)--
``(i) conducts or attempts to conduct a monetary
transaction involving property of a value that is
greater than $10,000; or
``(ii) transports, attempts to transport, or
conspires to transport property of a value that is
greater than $10,000;
``(B) in or affecting interstate commerce; and
``(C) either--
``(i) knowing that the property was derived from
some form of unlawful activity; or
``(ii) with the intent to promote the carrying on
of specified unlawful activity;
shall be fined under this title, imprisoned for a term of years not to
exceed the statutory maximum for the unlawful activity from which the
property was derived or the unlawful activity being promoted, or
both.''.
(b) Chapter Analysis.--The item relating to section 1957 in the
table of sections for chapter 95 of title 18, United States Code, is
amended to read as follows:
``1957. Engaging in monetary transactions in property derived from
specified unlawful activity or in support
of criminal activity.''.
SEC. 103. PROCEDURE FOR ISSUING SUBPOENAS IN MONEY LAUNDERING CASES.
(a) In General.--Section 986 of title 18, United States Code, is
amended by adding at the end the following:
``(e) Procedure for Issuing Subpoenas.--The Attorney General, the
Secretary of the Treasury, or the Secretary of Homeland Security may
issue a subpoena in any investigation of a violation of sections 1956,
1957 or 1960, or sections 5316, 5324, 5331 or 5332 of title 31, United
States Code, in the manner set forth under section 3486.''.
(b) Grand Jury and Trial Subpoenas.--Section 5318(k)(3)(A)(i) of
title 31, United States Code, is amended--
(1) by striking ``related to such correspondent account'';
(2) by striking ``or the Attorney General'' and inserting
``, the Attorney General, or the Secretary of Homeland
Security''; and
(3) by adding at the end the following:
``(iii) Grand jury or trial subpoena.--In
addition to a subpoena issued by the Attorney
General, Secretary of the Treasury, or the
Secretary of Homeland Security under clause
(i), a subpoena under clause (i) includes a
grand jury or trial subpoena requested by the
Government.''.
(c) Fair Credit Reporting Act Amendment.--Section 604(a)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended--
(1) by striking ``or''; and
(2) by inserting before the period the following: ``, or an
investigative subpoena issued under section 5318 of title 31,
United States Code''.
(d) Obstruction of Justice.--Section 1510(b) of title 18, United
States Code, is amended--
(1) in paragraph (2)(A), by inserting ``or an investigative
subpoena issued under section 5318 of title 31, United States
Code'' after ``grand jury subpoena''; and
(2) in paragraph (3)(B), by inserting ``, an investigative
subpoena issued under section 5318 of title 31, United States
Code,'' after ``grand jury subpoena''.
(e) Right to Financial Privacy Act.--Section 1120 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3420) is amended--
(1) in subsection (a)(1), by inserting ``or to the
Government'' after ``to the grand jury''; and
(2) in subsection (b)(1), by inserting ``, or an
investigative subpoena issued pursuant to section 5318 of title
31, United States Code,'' after ``grand jury subpoena''.
SEC. 104. TRANSPORTATION OR TRANSHIPMENT OF BLANK CHECKS IN BEARER
FORM.
Section 5316 of title 31, United States Code, is amended by adding
at the end the following:
``(e) Monetary Instruments With Amount Left Blank.--For purposes of
this section, a monetary instrument in bearer form that has the amount
left blank, such that the amount could be filled in by the bearer,
shall be considered to have a value equal to the highest value of the
funds in the account on which the monetary instrument is drawn during
the time period the monetary instrument was being transported or the
time period it was negotiated or was intended to be negotiated.''.
SEC. 105. BULK CASH SMUGGLING.
Section 5332(a) of title 31, United States Code, is amended--
(1) in subsection (b)(1), by striking ``5 years'' and
inserting ``10 years''; and
(2) by adding the end the following:
``(d) Investigative Authority.--Violations of this section may be
investigated by the Attorney General, the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service.''.
SEC. 106. VIOLATIONS INVOLVING COMMINGLED FUNDS AND STRUCTURED
TRANSACTIONS.
Section 1957(f) of title 18, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(4) the term `monetary transaction in criminally derived
property that is of a value greater than $10,000' includes--
``(A) a monetary transaction involving the
transfer, withdrawal, encumbrance or other disposition
of more than $10,000 from a bank account in which more
than $10,000 in proceeds of specified unlawful activity
have been commingled with other funds;
``(B) a series of monetary transactions in amounts
under $10,000 that exceed $10,000 in the aggregate and
that are closely related to each other in terms of such
factors as time, the identity of the parties involved,
the nature and purpose of the transactions, and the
manner in which they are conducted; and
``(C) any financial transaction covered under
section 1956(j) that involves more than $10,000 in
proceeds of specified unlawful activity; and
``(5) the term `monetary transaction involving property of
a value that is greater than $10,000' includes a series of
monetary transactions in amounts under $10,000 that exceed
$10,000 in the aggregate and that are closely related to each
other in terms of such factors as time, the identity of the
parties involved, the nature and purpose of the transactions,
and the manner in which they are conducted.''.
SEC. 107. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.
(a) In General.--Section 1956 of title 18, United States Code, is
amended by adding at the end the following:
``(j) Multiple Violations.--Multiple violations of this section
that are part of the same scheme or continuing course of conduct may be
charged, at the election of the Government, in a single count in an
indictment or information.''.
(b) Conspiracies.--Section 1956(h) of title 18, United States Code,
is amended by striking ``or section 1957'' and inserting ``, section
1957, or section 1960''.
SEC. 108. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Technical Amendments.--
(1) In general.--Section 1960 of title 18, United States
Code, is amended--
(A) in the heading by striking ``unlicensed'' and
inserting ``illegal'';
(B) in subsection (a), by striking ``unlicensed''
and inserting ``illegal'';
(C) in subsection (b)(1), by striking
``unlicensed'' and inserting ``illegal''; and
(D) in subsection (b)(1)(C), by striking ``to be
used to be used'' and inserting ``to be used''.
(2) Chapter analysis.--The item relating to section 1960 in
the table of sections for chapter 95 of title 18, United States
Code, is amended to read as follows:
``1960. Prohibition of illegal money transmitting businesses.''.
(b) Definition of Business To Include Informal Value Transfer
Systems and Money Brokers for Drug Cartels.--Section 1960(b) of title
18, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) the term `business' includes any person or
association of persons, formal or informal, licensed or
unlicenced, that provides money transmitting services on behalf
of any third party in return for remuneration or other
consideration.''.
(c) Prohibition of Unlicensed Money Transmitting Businesses.--
Section 1960(b)(1)(B) of title 18, United States Code, is amended by
inserting the following before the semicolon: ``, whether or not the
defendant knew that the operation was required to comply with such
registration requirements''.
(d) Authority To Investigate.--Section 1960 of title 18, United
States Code, is amended by adding at the end the following:
``(c) Authority To Investigate.--Violations of this section may be
investigated by the Attorney General, the Secretary of the Treasury,
and the Secretary of Homeland Security.''.
SEC. 109. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A SPECIFIC
FELONY.
(a) Proceeds of a Felony.--Section 1956(c)(1) of title 18, United
States Code, is amended by inserting ``, and regardless of whether or
not the person knew that the activity constituted a felony'' before the
semicolon at the end.
(b) Intent To Conceal or Disguise.--Section 1956(a) of title 18,
United States Code, is amended--
(1) in paragraph (1)(B)(i), by striking ``specified
unlawful activity'' and inserting ``some form of unlawful
activity''; and
(2) in paragraph (2)(B)(i), by striking ``specified
unlawful activity'' and inserting ``some form of unlawful
activity''.
SEC. 110. EXTRATERRITORIAL JURISDICTION.
Section 1956(f)(1) of title 18, United States Code, is amended by
inserting ``or has an effect in the United States'' after ``conduct
occurs in part in the United States''.
SEC. 111. CONDUCT IN AID OF COUNTERFEITING.
(a) In General.--Section 474(a) of title 18, United States Code, is
amended by inserting after the paragraph beginning ``Whoever has in his
control, custody, or possession any plate'' the following:
``Whoever, with intent to defraud, has custody, control, or
possession of any material that can be used to make, alter, forge, or
counterfeit any obligation or other security of the United States or
any part of such obligation or security, except under the authority of
the Secretary of the Treasury; or''.
(b) Foreign Obligations and Securities.--Section 481 of title 18,
United States Code, is amended by inserting after the paragraph
beginning ``Whoever, with intent to defraud'' the following:
``Whoever, with intent to defraud, has custody, control, or
possession of any material that can be used to make, alter, forge, or
counterfeit any obligation or other security of any foreign government,
bank, or corporation; or''.
(c) Counterfeit Acts.--Section 470 of title 18, United States Code,
is amended by striking ``or 474'' and inserting ``474, or 474A''.
(d) Materials Used in Counterfeiting.--Section 474A(b) of title 18,
United States Code, is amended by striking ``any essentially
identical'' and inserting ``any thing or material made after or in the
similitude of any''.
TITLE II--TECHNICAL AMENDMENTS
SEC. 201. TECHNICAL AMENDMENTS TO SECTIONS 1956 AND 1957.
(a) Unlawful Activity.--Section 1956(c) of title 18, United States
Code, is amended--
(1) in paragraph (2), by striking ```conducts''' and
inserting ```conduct'''; and
(2) in paragraph (7)(F), by inserting ``, as defined in
section 24(a)'' before the semicolon.
(b) Property From Unlawful Activity.--Section 1957 of title 18,
United States Code, is amended--
(1) in subsection (a), by striking ``engages or attempts to
engage in'' and inserting ``conducts or attempts to conduct'';
and
(2) in subsection (f)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the term `conduct' has the meaning given such term
under section 1956(c)(2).''. | Combating Money Laundering and Terrorist Financing Act of 2006 - Amends money laundering provisions of the federal criminal code to redefine "specified unlawful activity" as: (1) any act constituting an offense in violation of the laws of the United States or any State punishable by imprisonment for a term exceeding 1 year; and (2) any act occurring outside of the United States that would constitute such an offense if committed within U.S. jurisdiction.
Revises the procedure for issuing subpoenas in money laundering cases.
Assigns a standard value to monetary instruments payable to bearer in blank (with no amount indicated on the instrument).
Increases the penalty for bulk cash smuggling in or out of the United States from five to 10 years.
Redefines money laundering transactions involving amounts greater than $10,000 to include commingling of funds from separate accounts and structured transactions designed to avoid reporting requirements.
Permits a single indictment for multiple money laundering violations that are part of the same scheme or continuing course of conduct.
Prohibits illegal (currently, unlicensed) money transmitting businesses.
Extends the jurisdiction of the United States in money laundering cases to include activities outside of the United States that have an effect in the United States.
Prohibits the possession of any material that can be used to counterfeit U.S. currencies. | {"src": "billsum_train", "title": "A bill to improve the prohibitions on money laundering, and for other purposes."} | 3,454 | 298 | 0.51993 | 1.545334 | 0.783035 | 3.784553 | 12.093496 | 0.865854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Commission on the
Abolition of Modern-Day Slavery Act''.
SEC. 2. MODERN-DAY SLAVERY.
In this Act, the term ``modern-day slavery'' means the recruitment,
harboring, transportation, receipt, procurement, or control of persons
through the use of force, fraud, coercion, abduction, deception, abuse
of power, or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of subjection to
debt bondage, serfdom, involuntary servitude, forced labor, chattel,
forced marriage, peonage, sexual exploitation, or trafficking.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Declaration of Independence recognizes the inherent
dignity and worth of all people and states that all people are
created equal and are endowed by their Creator with certain
unalienable rights, and the right to be free from slavery and
involuntary servitude is among those unalienable rights.
(2) Despite international laws outlawing modern-day
slavery, modern-day slavery affects virtually every country in
the world, and as many as 27,000,000 people are victims.
Modern-day slavery is one of the fastest growing areas of
international criminal activity and is an increasing concern to
the United States Administration, Congress, and the
international community; the Federal Bureau of Investigation
estimated that modern-day slavery generates over $9,000,000,000
every year.
(3) Traffickers use threats, intimidation manipulation,
coercion, fraud, shame, and violence to force victims into
modern-day slavery. Traffickers capitalize on areas of conflict
and post-conflict, transitioning states, sudden political
change, economic collapse, civil unrest, internal armed
conflict, chronic unemployment, widespread poverty, personal
disaster, lack of economic opportunity, and natural disasters.
(4) Modern-day slavery: contributes to the breakdown of
societies due to the loss of family support networks; has a
negative impact on the labor market in countries; brutalizes
men, women, and children and exposes them to rape, torture,
HIV/AIDS and other sexually transmitted diseases, violence,
dangerous working conditions, poor nutrition, drug and alcohol
addiction, severe psychological trauma from separation,
coercion, sexual abuse, and depression; and strips human beings
of dignity, respect, and hope for their future.
(5) The United States has given priority to combating human
trafficking through the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) and the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law 109-
164).
(6) The State Department issued its sixth congressionally
mandated Trafficking in Persons Report (TIP) in June, 2006,
which categorizes countries into tiered groups according to the
efforts they are making to combat trafficking. The countries
that do not cooperate in the fight against trafficking (Tier 3
Countries) have been made subject to United States sanctions
since 2003, under the President's direction.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a congressional Commission
on the Abolition of Modern-Day Slavery (referred to in this Act as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 12
members, of whom--
(A) 3 shall be appointed by the Speaker of the
House of Representatives;
(B) 3 shall be appointed by the majority leader of
the Senate;
(C) 3 shall be appointed by the minority leader of
the House of Representatives; and
(D) 3 shall be appointed by the minority leader of
the Senate.
(2) Qualifications.--Members of the Commission shall be
appointed from among individuals with demonstrated expertise
and experience in combating modern-day slavery and trafficking
of persons.
(3) Date.--The appointments of the members of the
Commission shall be made not later than 30 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Cochairpersons.--The Speaker of the House of Representatives
shall designate 1 of the members appointed under subsection (b)(1)(A)
as a cochairperson of the Commission. The majority leader of the Senate
shall designate 1 of the members appointed under subsection (b)(1)(B)
as a cochairperson of the Commission.
(e) Initial Meeting.--Not later than 60 days after the date of
enactment of this Act, the Commission shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of either
cochairperson.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall--
(A) conduct a thorough and thoughtful study of all
matters relating to modern-day slavery, including
vulnerabilities of commonly affected populations, such
as populations in areas of conflict and post conflict,
transitioning states, states undergoing sudden
political change, economic collapse, civil unrest,
internal armed conflict, chronic unemployment,
widespread poverty, lack of opportunity, and national
disasters;
(B) study the roles of the rule of law, lack of
enforcement, and corruption within international law
enforcement institutions that allow the proliferation
of modern-day slavery;
(C) review all relevant governmental programs in
existence on the date of the beginning of the study,
including the United States Agency for International
Development, the Department of State, the Department of
Defense, the Department of Labor, the Department of
Health and Human Services, the Interagency Task Force
to Monitor and Combat Trafficking, and the Human
Smuggling and Trafficking Center; and
(D) convene additional experts from relevant
nongovernmental organizations as part of the
Commission's thorough review.
(2) Goals.--In making determinations under paragraph (1),
the Commission shall seek to promote goals of--
(A) providing a comprehensive and fully integrated
evaluation of best practices, to prevent modern-day
slavery;
(B) providing a comprehensive and fully integrated
evaluation of the best practices to rescue and
rehabilitate victims of modern-day slavery;
(C) providing a comprehensive and fully integrated
evaluation of the best practices for prosecution of
traffickers and increasing accountability within
countries;
(D) providing a comprehensive and fully integrated
evaluation of exportable models to prevent modern-day
slavery, rescue and rehabilitate victims of modern-day
slavery, prosecute offenders, and increase education
and accountability about modern-day slavery, which
could contribute governments, nongovernmental
organizations, and institutions;
(E) identifying countries which provide the
greatest opportunity for abolition of modern-day
slavery specific to United States involvement;
(F) connecting various organizations to facilitate
integration of information regarding identifying,
extracting, and rehabilitating victims;
(G) examining the economic impact on communities
and countries that demonstrate measured success in
fighting modern-day slavery;
(H) increasing education and awareness about
modern-day slavery throughout the United States to
decrease modern-day slavery within the United States
and abroad; and
(I) providing a comprehensive evaluation of best
practices to educate high-risk populations.
(b) Recommendations.--The Commission shall develop recommendations
on how to best combat modern-day slavery, including an economic,
social, and judicial evaluation.
(c) Report.--Not later than 11 months after the date of enactment
of this Act, the Commission shall submit a report to the Speaker and
minority leader of the House of Representatives and the majority leader
and minority leader of the Senate, which shall contain a detailed
statement of the legislation and administrative actions as it considers
appropriate.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers necessary to carry out this Act.
(b) Information From Governmental Agencies.--The Commission may
secure directly from any department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
either cochairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5313 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The cochairpersons of the Commission,
acting jointly, may, without regard to the civil service laws
and regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary to
enable the Commission to perform its duties. The employment of
an executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The cochairpersons of the Commission,
acting jointly, may fix the compensation of the executive
director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United Sates Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Federal Government employees
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
cochairpersons of the Commission, acting jointly, may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
SEC. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 5.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission for fiscal year 2007 such sums as may be necessary to carry
out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expensed. | Congressional Commission on the Abolition of Modern-day Slavery Act - Defines "modern-day slavery."
Establishes a congressional Commission on the Abolition of Modern-day Slavery which shall: (1) study matters relating to modern-day slavery, including vulnerabilities of commonly affected populations; (2) study the roles of the rule of law, lack of enforcement, and corruption within international law enforcement institutions that allow the proliferation of modern-day slavery; (3) review relevant governmental programs; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review.
States that the Commission shall seek to promote goals of: (1) providing a comprehensive evaluation of best practices to prevent modern-day slavery, to rescue and rehabilitate its victims, and to prosecute traffickers and increase accountability within countries; (2) identifying countries which provide the greatest opportunity for abolition of modern-day slavery specific to U.S. involvement; (3) examining the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; and (4) increasing education and awareness about modern-day slavery. | {"src": "billsum_train", "title": "A bill to establish a congressional Commission on the Abolition of Modern-Day Slavery."} | 2,528 | 236 | 0.532265 | 1.660079 | 0.881309 | 4.986239 | 10.756881 | 0.977064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring Start Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Neglect, hunger, abuse, and other forms of trauma
present significant challenges to young children's learning and
social-emotional development.
(2) Trauma-informed and trauma-sensitive caregiving is an
ideal targeted intervention for vulnerable children who
experience trauma.
(3) A child's development relies significantly on the
development of executive function skills, including cognitive
flexibility, self-regulation, and effortful control and
attention.
(4) Focusing on these skills, even though they are not
obviously academic, is critical in order to improve children's
long-term outcomes.
(5) Providing high-quality early childhood education can
protect young children from some of the most adverse effects of
poverty, enable their healthy development, strengthen their
health, and reduce or mediate toxic stress responses to adverse
experiences.
(6) Robust support, professional development, and
specialized training for the early education and care workforce
is essential to providing a high-quality early education to
every child.
SEC. 3. AMENDMENTS.
Section 648 of the Head Start Act (42 U.S.C. 9843) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A)--
(i) in clause (ii) by striking ``and'' at
the end,
(ii) in clause (iii) by striking ``and'' at
the end, and
(iii) by adding at the end the following:
``(iv) activities that support the
implementation of evidence-based trauma-
informed practices, age-appropriate positive
behavioral interventions and supports, early
childhood mental health consultation, and
prevention of suspension and expulsion; and
``(v) activities that appropriately
increase the level of coordination between Head
Start agencies and other programs that serve
very young children, in order to increase the
general quality, availability, and reliability
of services provided; and'',
(B) in subparagraph (B)--
(i) in clause (xv) by striking ``and'' at
the end,
(ii) in clause (xvi) by striking the period
at the end and inserting ``; and'', and
(iii) by adding at the end the following:
``(xvii) assist Head Start agencies in
adopting evidence-based approaches to best
identify and serve children whose experiences
have elicited a toxic stress response.'',
(2) in subsection (b)(2)--
(A) in subparagraph (F) by striking ``and'' at the
end,
(B) in subparagraph (G) by striking the period at
the end and inserting a semicolon, and
(C) by adding at the end the following:
``(H) in evidence-based trauma-informed practices,
as well as early childhood mental health consultation
and age-appropriate positive behavioral interventions
and supports; and
``(I) in helping children who have experienced, or
are experiencing, trauma or toxic stress.'', and
(3) in subsection (d)(1)--
(A) in subparagraph (G) by striking ``and children
under 3 years of age, where applicable'' and inserting
``children who experience trauma, and children under 3
years of age, especially for whom such experiences have
caused a toxic stress response, including appropriate
training and professional development on evidence-based
trauma-informed practices and early childhood mental
health consultation'',
(B) by redesignating subparagraph (I) as
subparagraph (J), and
(C) by inserting after subparagraph (H) the
following:
``(I) Activities designed to prevent suspension and
expulsion and to increase utilization of age-
appropriate positive behavioral interventions and
supports.''. | Caring Start Act of 2015 This bill amends the Head Start Act to require that in providing and allocating resources for training and technical assistance, the Department of Health and Human Services (HHS) give priority consideration to activities that: support the implementation of evidence-based trauma-informed practices, age-appropriate positive behavioral interventions and supports, early childhood mental health consultation, and prevention of suspension and expulsion; and increase coordination between Head Start agencies and other programs that serve very young children. Such assistance must also, to the maximum extent practicable, assist Head Start agencies in adopting evidence-based approaches to best identify and serve children whose experiences have elicited a toxic stress response. (Toxic stress response can result from strong or prolonged adversity without adequate adult support.) HHS shall fund personnel training in: evidence-based trauma-informed practices, as well as early childhood mental health consultation and age-appropriate positive behavioral interventions and supports; and helping children who are victims of trauma or toxic stress. | {"src": "billsum_train", "title": "Caring Start Act of 2015"} | 843 | 216 | 0.599371 | 1.714595 | 0.95627 | 3.773196 | 4.216495 | 0.824742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hardrock Mining Royalty Act of
1997''.
SEC. 2. ROYALTY.
(a) Reservation of Royalty.--Each person producing locatable
minerals (including associated minerals) from any mining claim located
under the general mining laws, or mineral concentrates derived from
locatable minerals produced from any mining claim located under the
general mining laws, as the case may be, shall pay a royalty of 5
percent of the net smelter return from the production of such locatable
minerals or concentrates, as the case may be.
(b) Royalty Payments.--Each person responsible for making royalty
payments under this section shall make such payments to the Secretary
not later than 30 days after the end of the calendar month in which the
mineral or mineral concentrates are produced and first placed in
marketable condition, consistent with prevailing practices in the
industry.
(c) Reporting Requirements.--All persons holding mining claims
located under the general mining laws shall provide to the Secretary
such information as determined necessary by the Secretary to ensure
compliance with this section, including, but not limited to, quarterly
reports, records, documents, and other data. Such reports may also
include, but not be limited to, pertinent technical and financial data
relating to the quantity, quality, and amount of all minerals extracted
from the mining claim.
(d) Audits.--The Secretary is authorized to conduct such audits of
all persons holding mining claims located under the general mining laws
as he deems necessary for the purposes of ensuring compliance with the
requirements of this section.
(e) Disposition of Receipts.--All receipts from royalties collected
pursuant to this section shall be deposited into the Fund established
under section 3.
(f) Compliance.--Any person holding mining claims located under the
general mining laws who knowingly or willfully prepares, maintains, or
submits false, inaccurate, or misleading information required by this
section, or fails or refuses to submit such information, shall be
subject to a civil penalty of not more than $10,000 imposed by the
Secretary.
(g) Effective Date.--This section shall take effect with respect to
minerals produced from a mining claim in calendar months beginning
after the enactment of this Act.
SEC. 3. ABANDONED MINERALS MINE RECLAMATION FUND.
(a) Establishment.--(1) There is established on the books of the
Treasury of the United States a trust fund to be known as the Abandoned
Minerals Mine Reclamation Fund (hereinafter referred to as the Fund).
The Fund shall be administered by the Secretary.
(2) The Secretary shall notify the Secretary of the Treasury as to
what portion of the Fund is not, in his judgment, required to meet
current withdrawals. The Secretary of the Treasury shall invest such
portion of the Fund in public debt securities with maturities suitable
for the needs of such Fund and bearing interest at rates determined by
the Secretary of the Treasury, taking into consideration current market
yields on outstanding marketplace obligations of the United States of
comparable maturities. The income on such investments shall be credited
to, and from a part of, the Fund.
(b) Amounts.--The following amounts shall be credited to the Fund
for the purposes of this Act:
(1) All moneys received from royalties under section 1 of
this Act and the mining claim maintenance fee under section 4
of this Act.
(2) All donations by persons, corporations, associations,
and foundations for the purposes of this title.
(c) Use and Objectives of the Fund.-- The Secretary is, subject to
appropriations, authorized to use moneys in the Fund for the
reclamation and restoration of land and water resources adversely
affected by past mineral (other than coal and fluid minerals) and
mineral material mining, including but not limited to, any of the
following:
(1) Reclamation and restoration of abandoned surface mined
areas.
(2) Reclamation and restoration of abandoned milling and
processing areas.
(3) Sealing, filling, and grading abandoned deep mine
entries.
(4) Planting of land adversely affected by past mining to
prevent erosion and sedimentation.
(5) Prevention, abatement, treatment and control of water
pollution created by abandoned mine drainage.
(6) Control of surface subsidence due to abandoned deep
mines.
(7) Such expenses as may be necessary to accomplish the
purposes of this section.
(d) Eligible Areas.--(1) Land and waters eligible for reclamation
expenditures under this section shall be those within the boundaries of
States that have lands subject to the general mining laws--
(A) which were mined or processed for minerals and mineral
materials or which were affected by such mining or processing,
and abandoned or left in an inadequate reclamation status prior
to the date of enactment of this Act;
(B) for which the Secretary makes a determination that
there is no continuing reclamation responsibility under State
or Federal laws; and
(C) for which it can be established that such lands do not
contain minerals which could economically be extracted through
the reprocessing or remining of such lands.
(2) Notwithstanding paragraph (1), sites and areas designated for
remedial action pursuant to the Uranium Mill Tailings Radiation Control
Act of 1978 (42 U.S.C. 7901 and following) or which have been listed
for remedial action pursuant to the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and
following) shall not be eligible for expenditures from the Fund under
this section.
(e) Fund Expenditures.--Moneys available from the Fund may be
expended directly by the Director, Bureau of Land Management. The
Director may also make such money available through grants made to the
Chief of the United States Forest Service, and the Director of the
National Park Service.
(f) Authorization of Appropriations.--Amounts credited to the Fund
are authorized to be appropriated for the purpose of this title without
fiscal year limitation.
SEC. 4. LIMITATION ON PATENT ISSUANCE.
No patent shall be issued by the United States for any mining or
mill site claim located under the general mining laws unless the
Secretary determines that, for the claim concerned a patent application
was filed with the Secretary on or before September 30, 1994, and all
requirements established under sections 2325 and 2326 of the Revised
Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections
2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36
and 37) for placer claims, and section 2337 of the Revised Statutes (30
U.S.C. 42) for mill site claims, as the case may be, were fully
complied with by the applicant by that date.
SEC. 5. MINING CLAIM MAINTENANCE REQUIREMENTS.
(a) In General.--(1) Effective October 1, 1998, the holder of each
mining claim located under the general mining laws prior to the date of
enactment shall pay to the Secretary an annual claim maintenance fee of
$100 per claim per calendar year.
(2) The holder of each mining claim located under the general
mining laws subsequent to the date of enactment shall pay to the
Secretary an annual claim maintenance fee of $125 per claim per
calendar year.
(b) Purchasing Power Adjustment.--The Secretary shall adjust the
amount of the claim maintenance fee payable pursuant to subsection (a)
for changes in the purchasing power of the dollar after the calendar
year 1993, employing the Consumer Price Index for all urban consumers
published by the Department of Labor as the basis for adjustment, and
rounding according to the adjustment process of conditions of the
Federal Civil Penalties Inflation Adjustment Act of 1990.
(c) Time of Payment.--Each claim holder shall pay the claim
maintenance fee payable under subsection (a) for any year on or before
August 31 of each year, except that for the initial calendar year in
which the location is made, the initial claim maintenance fee shall be
paid at the time the location notice is recorded with the Bureau of
Land Management.
(d) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy
Policy Act of 1992.--The section shall not apply to any oil shale
claims for which a fee is required to be paid under section 2511(e)(2)
of the Energy Policy Act of 1992 (30 U.S.C. 242(e)(2)).
(e) Claim Maintenance Fees Payable Under 1993 Act.--The claim
maintenance fees payable under this section for any period with respect
to any claim shall be reduced by the amount of the claim maintenance
fees paid under section 10101 of the Omnibus Budget Reconciliation Act
of 1993 with respect to that claim and with respect to the same period.
(f) Waiver.--(1) The claim maintenance fee required under this
section may be waived for a claim holder who certifies in writing to
the Secretary that on the date the payment was due, the claim holder
and all related parties held not more than 10 mining claims on land
open to location. Such certification shall be made on or before the
date on which payment is due.
(2) For purposes of this subsection, with respect to any claim
holder, the term ``related party'' means each of the following:
(A) The spouse and dependent children (as defined in
section 152 of the Internal Revenue Code of 1986), of the claim
holder.
(B) Any affiliate of the claim holder.
(g) Co-Ownership.--Upon the failure of any one or more of several
co-owners to contribute such co-owner or owners portion of the fee
under this section, any co-owner who has paid such fee may, after the
payment due date, give the delinquent co-owner or owners notice of such
failure in writing (or by publication in the newspaper nearest the
claim for at least once a week for at least 90 days). If at the
expiration of 90 days after such notice in writing or by publication,
any delinquent co-owner fails or refused to contribute his portion, his
interest, in the claim shall become the property of the co-owners who
have paid the required fee.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) The term ``affiliate'' means, with respect to any
person, each of the following:
(A) Any partner of such person.
(B) Any person owning at least 10 percent of the
voting shares of such person.
(C) Any person who controls, is controlled by, or
is under common control with such person.
(2) The term ``locatable minerals'' means minerals not
subject to disposition under any of the following:
(A) The Mineral Leasing Act (30 U.S.C. 181 and
following);
(B) The Geothermal Steam Act of 1970 (30 U.S.C. 100
and following);
(C) The Act of July 31, 1947, commonly known as the
Materials Act of 1947 (30 U.S.C. 601 and following); or
(D) the Mineral Leasing for Acquired Lands Act (30
U.S.C. 351 and following).
(3) The term ``net smelter return'' has the same meaning
provided in section 613 of the Internal Revenue Code of 1986
(26 U.S.C. 613) for ``gross income from mining''.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``general mining laws'' means those Acts which
generally comprise chapters 2, 12A, and 16, and sections 161
and 162 of title 30, United States Code. | Hardrock Mining Royalty Act of 1997 - Requires the payment of a royalty to the Federal Government of five percent of the net smelter return from the production of locatable minerals or mineral concentrates produced from any mining claim located under the general mining laws. Establishes the Abandoned Minerals Mine Reclamation Fund, into which all such royalty receipts shall be deposited for the reclamation and restoration of land and water resources adversely affected by past minerals activities (other than coal and fluid minerals activities). Identifies the kinds of land and waters eligible for reclamation expenditures. Authorizes appropriations for the Fund.
Restricts the issuance of any patents for mining or mill site claims to those for which applications were filed, certain statutory requirements governing vein or lode claims, placer claims, and mill site claims were complied with, before September 30, 1994.
Sets forth annual claim maintenance fee requirements (which shall not apply to oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992). | {"src": "billsum_train", "title": "Hardrock Mining Royalty Act of 1997"} | 2,552 | 229 | 0.567607 | 1.653534 | 0.799641 | 3.797872 | 12.494681 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livestock Ownership Fairness Act of
2002''.
TITLE I--LIVESTOCK OWNERSHIP AND FEEDING PROHIBITION
SEC. 101. PROHIBITION ON PACKERS OWNING OR FEEDING LIVESTOCK FOR
EXTENDED PERIOD.
(a) Prohibition; Exceptions.--The Packers and Stockyards Act, 1921,
is amended by inserting after section 202 (7 U.S.C. 192) the following
new section:
``SEC. 202A. PROHIBITION ON PACKERS OWNING OR FEEDING LIVESTOCK FOR
EXTENDED PERIOD.
``(a) Prohibition.--It shall be unlawful for any packer with
respect to livestock, meats, meat food products, or livestock products
in unmanufactured form to own or feed livestock intended for slaughter
for more than 14 days prior to slaughter. The prohibition applies
regardless of whether the ownership or feeding of the livestock is by
the packer directly or through a subsidiary or an arrangement described
in subsection (b).
``(b) Covered Arrangements.--The arrangements referred to in
subsection (a) mean arrangements that give a packer operational,
managerial, or supervisory control over livestock or over a farming
operation that produces livestock to such an extent that the actual
producer of the livestock is no longer materially participating (as
such term is defined in section 469(h) of the Internal Revenue Code of
1986) in the management of the farming operation with respect to the
production of the livestock.
``(c) Exceptions.--Subsection (a) does not apply to the following:
``(1) Forward contracting arrangements, executed in advance
of slaughter and used by packers for the purchase of livestock,
so long as the producer retains operational, managerial, and
supervisory control over the livestock until their delivery for
slaughter and over the farming operation that produces the
livestock.
``(2) A cooperative, if a majority of the ownership
interest in the cooperative is held by active cooperative
members that--
``(A) own or feed livestock; and
``(B) provide the livestock to the cooperative for
slaughter.
``(3) A packer that is owned or controlled by producers of
a type of livestock, if, during the previous calendar year, the
packer slaughtered less than 2 percent of the total number of
that type of livestock slaughtered in the United States.
``(d) Conspiracy.--It shall also be unlawful for any packer to
conspire, combine, agree, or arrange with any other person to do, or
aid or abet the doing of, any act made unlawful by subsection (a).''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), section 202A of
the Packers and Stockyards Act, 1921, as added by subsection
(a), takes effect on the date of the enactment of this Act.
(2) Transition rules.--In the case of a packer that, as of
the date of the enactment of this Act, owns or feeds livestock
in violation of section 202A of the Packers and Stockyards Act,
1921, the prohibitions in subsections (a) and (d) of such
section shall apply to the packer--
(A) in the case of a packer of swine, beginning 540
days after the date of the enactment of this Act; and
(B) in the case of a packer of any other type of
livestock, beginning as soon as practicable, but not
later than 180 days, after the date of the enactment of
this Act, as determined by the Secretary of
Agriculture.
TITLE II--AGRICULTURAL ANTITRUST PROVISIONS
SEC. 201. PREMERGER NOTICE REQUIREMENT.
(a) Notice.--Whenever a person in the business of purchasing
livestock, poultry, or a basic agricultural commodity for wholesale
resale either unprocessed or processed, files a notification under
section 7A of the Clayton Act (15 U.S.C. 18a), such person shall file
simultaneously with the Secretary a notice in accordance with rules
issued by the Secretary, that such person has filed such notification.
(b) Public Comments.--The Secretary shall--
(1) publish promptly in the Federal Register a copy of each
notice received under subsection (a),
(2) accept public comments on the proposed merger described
in such notice, and
(3) consider as part of the review required by subsection
(c), such comments timely received.
(c) Review.--Not later than 30 days after receiving a notice filed
under subsection (a), the Secretary shall--
(1) review the proposed acquisition described in such
notice;
(2) determine--
(A) the probable effects such acquisition would
have on the prices paid to producers of any livestock,
poultry, or basic agricultural commodities who sell to,
buy from, or bargain with 1 or more of the persons
involved in the proposed acquisition; and
(B) whether such acquisition would--
(i) result in significantly increased
market power for any of such persons; and
(ii) increase the potential for
anticompetitive or predatory pricing conduct by
any of such persons;
(3) prepare a report containing--
(A) the detailed findings made by the Secretary as
a result of such review and such determination; and
(B) an economic analysis of the Secretary regarding
whether such acquisition may substantially lessen
competition or tend to create a monopoly; and
(4) transmit to the Office of Special Counsel for
Agriculture, and shall publish in the Federal Register,
simultaneously, a copy of such report.
SEC. 202. SPECIAL COUNSEL FOR AGRICULTURE.
(a) Establishment of Office.--The Attorney General shall establish
in the Department of Justice an Office of Special Counsel for
Agriculture that shall handle agricultural antitrust issues and related
matters, as determined by the Attorney General.
(b) Appointment.--The Special Counsel for Agriculture may be
appointed by the Attorney General only after the expiration of the 30-
day period beginning on the date the Attorney General publishes in the
Federal Register the name of the individual proposed to be appointed
and requests public comment with respect to the appointment of such
individual.
SEC. 203. DEFINITIONS.
For purposes of this title--
(1) the term ``antitrust laws'' has the meaning given such
term in subsection (a) of the 1st section of the Clayton Act
(15 U.S.C. 12(a)),
(2) the term ``basic agricultural commodity'' means corn,
wheat, or soybeans,
(3) the term ``livestock'' means cattle, sheep, goats,
swine, or equine animals used for food or in the production of
food,
(4) the term ``person'' has the meaning given such term in
subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)),
(5) the term ``poultry'' means chickens, turkeys, ducks,
geese, or other domestic fowl used for food or in the
production of food, and
(6) the term ``Secretary'' means the Secretary of
Agriculture. | Livestock Ownership Fairness Act of 2002 - Amends the Packers and Stockyards Act, 1921 to prohibit livestock packers directly or through a subsidiary, from conspiring to, or owning or feeding livestock to such an extent that the producer no longer materially participates in the management of the operation, with respect to livestock held for more than 14 days prior to slaughter. Exempts from such prohibition certain: (1) forward contracting arrangements under which the producer retains pre-delivery operational control of the livestock; (2) cooperatives that own, or feed livestock and provide such livestock for slaughter; or (3) certain small producer-owned or-controlled packers.Directs the Attorney General to establish in the Department of Justice an Office of Special Counsel for Agriculture to handle agricultural antitrust and related matters.Requires: (1) a person in the business of purchasing livestock, poultry, or a basic agricultural commodity for wholesale resale who files a premerger notice under the Clayton Act to file simultaneously a premerger notice with the Secretary of Agriculture; and (2) the Secretary to review the proposed merger and report to the Office of Special Counsel for Agriculture.. | {"src": "billsum_train", "title": "To prohibit livestock packers from owning or feeding livestock intended for slaughter for more than 14 days before such slaughter, to prohibit excessive concentration resulting from mergers among certain purchasers, processors, and sellers of livestock, poultry, and basic agricultural commodities, to require the Attorney General to establish an Office of Special Counsel for Agriculture, and for other purposes."} | 1,627 | 247 | 0.580023 | 1.673661 | 0.884089 | 3.944444 | 6.638889 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Academic Emergency Act''.
SEC. 2. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to provide funds to
States that have 1 or more schools designated under section 3 as
academic emergency schools to provide parents whose children attend
such schools with education alternatives.
(b) Grants to States.--Grants awarded to a State under this Act
shall be awarded for a period of not more than 5 years.
SEC. 3. ACADEMIC EMERGENCY DESIGNATION.
(a) Designation.--The Governor of each State may designate 1 or
more schools in the State that meet the eligibility requirements set
forth in subsection (b) as academic emergency schools.
(b) Eligibility.--To be designated as an academic emergency school,
the school shall be a public elementary school--
(1) with a consistent record of poor performance by failing
to meet minimum academic standards as determined by the State;
and
(2) in which more than 50 percent of the children attending
are eligible for free or reduced price lunches under the
National School Lunch Act (42 U.S.C. 1751 et seq.).
(c) List to Secretary.--To receive a grant under this Act, the
Governor shall submit a list of academic emergency schools to the State
educational agency and the Secretary.
SEC. 4. APPLICATION AND STATE SELECTION.
(a) Application.--Each State in which the Governor has designated 1
or more schools as academic emergency schools shall submit an
application to the Secretary that includes the following:
(1) Assurances.--Assurances that the State shall--
(A) use the funds provided under this Act to
supplement, not supplant, State and local funds that
would otherwise be available for the purposes of this
Act;
(B) provide written notification to the parents of
every child eligible to receive academic emergency
relief funds under this Act, informing the parents of
the voluntary nature of the program established under
this Act, and the availability of qualified schools
within their geographic area;
(C) provide parents and the education community
with easily accessible information regarding available
education alternatives; and
(D) not reserve more than 4 percent of the amount
made available under this Act to pay administrative
expenses.
(2) Information.--Information regarding each academic
emergency school, for the school year in which the application
is submitted, regarding the number of children attending such
school, including the number of children who are eligible for
free or reduced-price lunch under the National School Lunch Act
(42 U.S.C. 1751 et seq.) and the level of student performance.
(b) State Awards.--
(1) State selection.--From the amount appropriated pursuant
to the authority of section 14 in any fiscal year, the
Secretary shall award grants to States in accordance with this
section.
(2) Priority.--To the extent practicable, the Secretary
shall ensure that each State that completes an application in
accordance with subsection (a) shall receive a grant of
sufficient size to provide education alternatives to not less
than 1 academic school.
(3) Award criteria.--In determining the amount of a grant
award to a State under this Act, the Secretary shall take into
consideration the number of schools designated as academic
emergencies in the State and the number of eligible students in
such schools.
(4) State plan.--Each State that applies for funds under
this Act shall establish a plan--
(A) to distribute funds to academic emergency
schools selected under section 5(a)(1);
(B) to ensure that--
(i) the greatest number of eligible
students who attend academic emergency schools
have an opportunity to receive an academic
emergency relief funds; and
(ii) each academic emergency school
continues to receive, in accordance with
section 5(c), payments for each eligible
student who leaves the school to attend a
qualified school;
(C) to develop a simple procedure to allow parents
of participating eligible students and selected
academic emergency schools to redeem academic emergency
relief funds.
SEC. 5. AWARDS TO ACADEMIC EMERGENCY SCHOOLS.
(a) Subgrant Awards.--
(1) In general.--From amounts made available under this Act
to a State and not reserved for administrative expenses under
section 4(a)(1)(D), the State shall select academic emergency schools
to receive a subgrant based on--
(A) the number of eligible students attending
academic emergency school;
(B) the availability of qualified schools near such
schools; and
(C) the academic performance of students in such
schools.
(2) Class size reduction.--The funds made available to an
academic emergency school pursuant to subsection (c)(1)(B)
shall be used exclusively to reduce class size.
(b) Insufficient Funds.--If the amount of funds made available to a
State under this Act is insufficient to provide every eligible student
in a selected academic emergency school with academic emergency relief
funds, the State shall devise a random selection process to provide
eligible students in such school whose family income does not exceed
185 percent of the poverty line the opportunity to participate in
education alternatives established pursuant to this Act.
(c) Payments.--
(1) In general.--From the funds made available to a State
under this Act, a State shall--
(A) pay not more than $3,500 in academic emergency
relief funds to the parents of each participating
eligible student; and
(B) pay $3,500 to an academic emergency school
selected for participation under this Act for each
participating eligible student who chooses to attend a
qualified school.
(2) Period of awards.--The academic emergency relief funds
awarded to parents of participating eligible students and the
amounts distributed to academic emergency schools under
paragraph (1) shall be awarded for each school year during the
grant period which shall terminate--
(A) when a participating eligible student is no
longer a student in the State; or
(B) at the end of 5 years,
whichever occurs first.
(3) Duration.--A State shall continue to receive funds
under this Act for distribution to parents of participating
eligible students and selected academic emergency schools in
accordance with subsection (a).
SEC. 6. QUALIFIED SCHOOLS.
(a) Qualifications.--A State that submits an application to the
Secretary under section 4 shall publish the qualifications necessary
for a school to participate as a qualified school under this Act. At a
minimum, each such school shall--
(1) provide assurances to the State that it will comply
with section 10;
(2) certify to the State that the amount charged to a
parent using academic relief funds for tuition and fees does
not exceed the amount for such tuition and fees charged to a
parent not using such relief funds whose child attends the
qualified school (excluding scholarship students attending such
school); and
(3) report to the State, not later than July 30 of each
year in a manner prescribed by the State, information regarding
student performance.
(b) Confidentiality.--No personal identifiers may be used in such
report, except that the State may request such personal identifiers
solely for the purpose of verification.
SEC. 7. ACADEMIC EMERGENCY RELIEF FUNDS.
(a) Use of Academic Emergency Relief Funds.--A parent who receives
academic emergency relief funds from a State under this Act may use
such funds to pay the costs of tuition and mandatory fees for a program
of instruction at a qualified school.
(b) Not School Aid.--Academic emergency relief funds under this Act
shall be considered assistance to the student and shall not be
considered assistance to a qualified school.
SEC. 8. EVALUATION.
(a) Annual Evaluation.--
(1) Contract.--The Comptroller General of the United States
shall enter into a contract, with an evaluating agency that has
demonstrated experience in conducting evaluations, for the
conduct of an ongoing rigorous evaluation of the education
alternative program established under this Act.
(2) Annual evaluation requirement.--The contract described
in paragraph (1) shall require the evaluating agency entering
into such contract to annually evaluate the education
alternative program established under this Act in accordance
with the evaluation criteria described in subsection (b).
(3) Transmission.--The contract described in paragraph (1)
shall require the evaluating agency entering into such contract
to transmit to the Comptroller General of the United States the
findings of each annual evaluation under paragraph (2).
(b) Evaluation Criteria.--The Comptroller General of the United
States, in consultation with the Secretary, shall establish minimum
criteria for evaluating the education alternative program established
under this Act. Such criteria shall provide for--
(1) a description of the effects of the programs on the
level of student participation and parental satisfaction with
the education alternatives provided pursuant to this Act
compared to the educational achievement of students who choose
to remain at academic emergency schools selected for
participation under this Act; and
(2) a description of the effects of the programs on the
educational performance of eligible students who receive
academic emergency relief funds compared to the educational
performance of students who choose to remain at academic
emergency schools selected for participation under this Act.
SEC. 9. REPORTS BY COMPTROLLER GENERAL.
(a) Interim Reports.--Three years after the date of enactment of
this Act, the Comptroller General of the United States shall submit an
interim report to Congress on the findings of the annual evaluations
under section 8(a)(2) for the education alternative program established
under this Act. The report shall contain a copy of the annual
evaluation under section 8(a)(2) of education alternative program
established under this Act.
(b) Final Report.--The Comptroller General shall submit a final
report to Congress, not later than 7 years after the date of the
enactment of this Act, that summarizes the findings of the annual
evaluations under section 8(a)(2).
SEC. 10. CIVIL RIGHTS.
(a) In General.--A qualified school under this Act shall not
discriminate on the basis of race, color, national origin, or sex in
carrying out the provisions of this Act.
(b) Applicability and Construction With Respect to Discrimination
on the Basis of Sex.--
(1) Applicability.--With respect to discrimination on the
basis of sex, subsection (a) shall not apply to a qualified
school that is controlled by a religious organization if the
application of subsection (a) is inconsistent with the
religious tenets of the qualified school.
(2) Single-sex schools, classes, or activities.--With
respect to discrimination on the basis of sex, nothing in
subsection (a) shall be construed to prevent a parent from
choosing, or a qualified school from offering, a single-sex
school, class, or activity.
SEC. 11. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this Act shall be construed to prevent
a qualified school that is operated by, supervised by, controlled by,
or connected to a religious organization from employing, admitting, or
giving preference to persons of the same religion to the extent
determined by such school to promote the religious purpose for which
the qualified school is established or maintained.
(b) Sectarian Purposes.--Nothing in this Act shall be construed to
prohibit the use of funds made available under this Act for sectarian
educational purposes, or to require a qualified school to remove
religious art, icons, scripture, or other symbols.
SEC. 12. CHILDREN WITH DISABILITIES.
Nothing in this Act shall affect the rights of students, or the
obligations of public schools of a State, under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
SEC. 13. DEFINITIONS.
As used in this Act:
(1) The terms ``local educational agency'' and ``State
educational agency'' have the same meanings given such terms in
section 14101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801).
(2) The term ``eligible student'' means a student enrolled
in an academic emergency school during the school year in which
the Governor designates the school as an academic emergency
school in a grade between K and 4th.
(3) The term ``Governor'' means the chief executive officer
of the State.
(4) The term ``parent'' includes a legal guardian or other
person standing in loco parentis.
(5) The term ``poverty line'' means the income official
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
(6) The term ``qualified school'' means a public, private,
or independent elementary school that meets the requirements of
section 6 and any other qualifications established by the State
to accept academic emergency relief funds from the parents of
participating eligible students.
(7) The term ``Secretary'' means the Secretary of
Education.
(8) The term ``State'' means each of the 50 States and the
District of Columbia.
SEC. 15. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$200,000,000 for fiscal year 2000 and such sums as may be necessary for
each of the fiscal years 2001 through 2004, except that the amount
authorized to be appropriated may not exceed $200,000,000 for any
fiscal year. | (Sec. 3) Authorizes State Governors to designate as academic emergency schools one or more public elementary schools in their States: (1) with a consistent record of poor performance by failing to meet minimum academic standards as determined by the State; and (2) in which more than 50 percent of the children attending are eligible for free or reduced price lunches under the National School Lunch Act.
Sets forth requirements for: (1) lists of such schools; (2) State applications, including certain assurances and information; (3) selection, priorities, and criteria for grant awards to States; and (4) State plans.
(Sec. 5) Requires recipient States to use such grants to make subgrants to academic emergency schools, based on: (1) the number of eligible students (in grades K through four) attending; (2) the availability of qualified schools near such schools; and (3) the academic performance of students in such schools. Requires the State, if its grant amount is insufficient to provide every eligible student in a selected academic emergency school with academic emergency relief funds, to devise a random selection process to provide eligible students whose family income does not exceed 185 percent of the poverty line the opportunity to participate in education alternatives established pursuant to this Act.
Requires States to pay from grant funds: (1) up to $3,500 in academic emergency relief to the parents of each participating eligible student in grades K through four; and (2) $3,500 (for class size reduction only) to an academic emergency school selected for program participation, for each participating eligible student who chooses to attend a qualified school.
(Sec. 6) Allows a qualified school to be any public, private, or independent elementary school that meets certain minimum requirements and any other qualifications established by the State to accept academic emergency relief funds from the parents of participating eligible students.
Requires applicant States to publish their criteria for a qualified school under this Act. Requires, at a minimum, each such school to provide to the State: (1) assurances of compliance with specified civil rights requirements; (2) certification that the tuition and fees charged to a parent using academic relief funds does not exceed the amount charged to a parent not using such relief funds whose child attends the qualified school (excluding scholarship students); and (3) an annual report on student performance.
(Sec. 7) Allows parents to use academic emergency relief funds to pay tuition and mandatory fees for an instruction program at a qualified school. Treats academic emergency relief funds as assistance to the student, not to the qualified school.
(Sec. 8) Directs the Comptroller General to arrange for annual evaluations of the education alternative program.
(Sec. 10) Prohibits qualified schools from discriminating on the basis of race, color, national origin, or sex in carrying out the provisions of this Act. Makes such sex discrimination prohibition inapplicable if: (1) it is inconsistent with the religious tenets of a qualified school controlled by a religious organization; or (2) it would be construed as preventing a parent from choosing, or a qualified school from offering, a single-sex school, class, or activity.
(Sec. 11) Declares that nothing in this Act shall be construed to: (1) prevent a qualified school that is operated by, supervised by, controlled by, or connected to a religious organization from employing, admitting, or giving preference to persons of the same religion to the extent determined by such school to promote the religious purpose for which the qualified school is established or maintained; (2) prohibit the use of funds made available under this Act for sectarian educational purposes; or (3) require a qualified school to remove religious art, icons, scripture, or other symbols.
(Sec. 12) Provides that nothing in this Act shall affect the rights of students, or the obligations of public schools of a State, under the Individuals with Disabilities Education Act.
(Sec. 15) Authorizes appropriations. | {"src": "billsum_train", "title": "Academic Emergency Act"} | 2,949 | 867 | 0.72651 | 2.083698 | 0.861139 | 5.446134 | 3.447402 | 0.944233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Emergency Tax Relief Act of
2016 (FLETRA)''.
SEC. 2. SPECIAL RULES FOR USE OF RETIREMENT FUNDS WITH RESPECT TO
MISSISSIPPI DELTA AREAS DAMAGED BY 2016 FLOODING.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified Mississippi River
Delta flooding distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified
Mississippi River Delta flooding distributions for any
taxable year shall not exceed the excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as
qualified Mississippi River Delta flooding
distributions received by such individual for
all prior taxable years.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a qualified Mississippi River
Delta flooding distribution, a plan shall not be
treated as violating any requirement of this title
merely because the plan treats such distribution as a
qualified Mississippi River Delta flooding
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes
the employer) to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph
(B), the term ``controlled group'' means any group
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code
of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a
qualified Mississippi River Delta flooding distribution
may, at any time during the 3-year period beginning on
the day after the date on which such distribution was
received, make one or more contributions in an
aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a
rollover contribution of such distribution could be
made under section 402(c), 403(a)(4), 403(b)(8),
408(d)(3), or 457(e)(16) of the Internal Revenue Code
of 1986, as the case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of this title, if a contribution is made
pursuant to subparagraph (A) with respect to a
qualified Mississippi River Delta flooding distribution
from an eligible retirement plan other than an
individual retirement plan, then the taxpayer shall, to
the extent of the amount of the contribution, be
treated as having received the qualified Mississippi
River Delta flooding distribution in an eligible
rollover distribution (as defined in section 402(c)(4)
of the Internal Revenue Code of 1986) and as having
transferred the amount to the eligible retirement plan
in a direct trustee to trustee transfer within 60 days
of the distribution.
(C) Treatment of repayments for distributions from
iras.--For purposes of this title, if a contribution is
made pursuant to subparagraph (A) with respect to a
qualified Mississippi River Delta flooding distribution
from an individual retirement plan (as defined by
section 7701(a)(37) of the Internal Revenue Code of
1986), then, to the extent of the amount of the
contribution, the qualified Mississippi River Delta
flooding distribution shall be treated as a
distribution described in section 408(d)(3) of such
Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified mississippi river delta flooding
distribution.--Except as provided in paragraph (2), the
term ``qualified Mississippi River Delta flooding
distribution'' means any distribution from an eligible
retirement plan made on or after August 11, 2016, and
before January 1, 2018, to an individual whose
principal place of abode on August 11, 2016, is located
in the Mississippi River Delta disaster area and who
has sustained an economic loss by reason of the severe
storms and flooding giving rise to the Presidential
declaration described in subsection (c).
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such
term by section 402(c)(8)(B) of the Internal Revenue
Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified
Mississippi River Delta flooding distribution, unless
the taxpayer elects not to have this paragraph apply
for any taxable year, any amount required to be
included in gross income for such taxable year shall be
so included ratably over the 3-taxable-year period
beginning with such taxable year.
(B) Special rule.--For purposes of subparagraph
(A), rules similar to the rules of subparagraph (E) of
section 408A(d)(3) of the Internal Revenue Code of 1986
shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes
of sections 401(a)(31), 402(f), and 3405 of the
Internal Revenue Code of 1986, qualified Mississippi
River Delta flooding distributions shall not be treated
as eligible rollover distributions.
(B) Qualified mississippi river delta flooding
distributions treated as meeting plan distribution
requirements.--For purposes of this title, a qualified
Mississippi River Delta flooding distribution shall be
treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of the Internal Revenue Code of 1986.
(b) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this
section, or pursuant to any regulation issued
by the Secretary or the Secretary of Labor
under any provision of this section; and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2018, or such later date as the Secretary may
prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract
amendment not required by this section
or such regulation, the effective date
specified by the plan); and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect; and
(ii) such plan or contract amendment
applies retroactively for such period.
(c) Mississippi River Delta Flood Disaster Area.--For purposes of
this section, the term ``Mississippi River Delta flood disaster area''
means the area with respect to which a major disaster has been declared
by the President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason of severe storms or
flooding occurring in the State of Louisiana on or after August 11,
2016, and before September 1, 2016. | Flood Emergency Tax Relief Act of 2016 (FLETRA) This bill amends the Internal Revenue Code to permit individuals impacted by flooding in the Mississippi Delta to make penalty-free withdrawals from retirement accounts. The bill waives the 10% additional tax on early distributions from retirement plans for up to $100,000 in distributions made on or after August 11, 2016, and before January 1, 2018. The distributions must be made to an individual: (1) whose principal place of abode on August 11, 2016, is located in the Mississippi River Delta disaster area, and (2) who has sustained an economic loss by reason of the severe storms and flooding giving rise to the Presidential declaration of a major disaster area in Louisiana on or after August 11, 2016, and before September 1, 2016. A taxpayer who has received such a distribution may: (1) repay the distribution by making additional contributions to a retirement account within three years, and (2) include the distribution in gross income by dividing the amount over a three-year period. | {"src": "billsum_train", "title": "Flood Emergency Tax Relief Act of 2016 (FLETRA)"} | 1,804 | 201 | 0.600308 | 1.807531 | 0.753085 | 4.146341 | 7.873171 | 0.858537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy Smarter and Save Act of 2013''.
SEC. 2. GOALS FOR STRATEGIC SOURCING OF FEDERALLY PROCURED GOODS AND
SERVICES.
(a) Requirement To Establish Goals for Purchases and Savings Using
Strategic Sourcing.--The President shall establish--
(1) an annual Government-wide goal to procure goods and
services using strategic sourcing, in accordance with this
section; and
(2) an annual Government-wide goal for savings resulting
from the use of strategic sourcing, in accordance with this
section.
(b) Amount of Procurement Goal.--
(1) In general.--The goal for procurement of goods and
services established under subsection (a) shall be--
(A) in each of fiscal years 2014 and 2015, at least
$100,000,000,000; and
(B) in each of fiscal years 2016, 2017, and 2018,
at least $75,000,000,000.
(c) Amount of Savings Goal.--The goal for savings resulting from
the use of strategic sourcing established under subsection (a) shall
be--
(1) in each of fiscal years 2014 and 2015, at least
$10,000,000,000; and
(2) in each of fiscal years 2016, 2017, and 2018, at least
$7,500,000,000.
SEC. 3. IMPLEMENTATION OF STRATEGIC SOURCING GOALS BY OFFICE OF
MANAGEMENT AND BUDGET.
(a) Guidance by Office of Management and Budget.--The Director of
the Office of Management and Budget shall issue guidance to executive
agencies for implementing the goals established under section 2. The
Director, in consultation with the heads of executive agencies, may set
specific goals for procurement and savings that are customized to
individual executive agencies.
(b) Matters Covered.--In the guidance issued under subsection (a),
the Director shall include, at a minimum, the following:
(1) Criteria for the goods and services to be procured
using strategic sourcing, consistent with the considerations
described in subsection (c).
(2) A description of the specific data required to be
submitted by executive agencies to the Director regarding
implementation of the goals.
(3) Guidance on calculating and verifying savings generated
from strategic sourcing.
(4) Standards to measure progress towards meeting savings
goals.
(5) Procedures to hold agencies accountable and ensure that
agencies are achieving their strategic sourcing goals.
(6) Procedures to ensure that an agency is not making
purchases that significantly exceed the requirements of the
agency.
(7) A list of existing Government-wide strategic sourcing
vehicles.
(c) Considerations.--In developing the guidance issued under this
section, the Director shall take into consideration the application of
strategic sourcing in a manner that--
(1) maintains a strong industrial and manufacturing base in
the United States;
(2) is consistent with international trade agreements;
(3) accounts for the benefits as well as the costs of
procuring goods and services;
(4) emphasizes the procurement of goods and services that
are procured repetitively, procured Government-wide and in
large amounts, and are non-technical and commercial in nature;
(5) allows for easy conduct of a spend analysis under
section 4(b); and
(6) reflects the requirements of the Small Business Act,
including the provisions addressing contract bundling, contract
consolidation, and the need to achieve the statutory small
business prime contracting and subcontracting goals in section
15 of that Act (15 U.S.C. 644).
(d) Relationship to Federal Strategic Sourcing Initiative.--In
issuing guidance under this section, the Director shall take into
account and be consistent with the Federal Strategic Sourcing
Initiative managed by the Office of Federal Procurement Policy.
(e) Report.--Not later than 180 days after the end of a fiscal year
for which a goal is established under section 2, the Director shall
submit to Congress a report on the implementation of this Act. The
report shall include, at a minimum--
(1) the dollar amount of spending for goods and for
services that was strategically sourced during the year covered
by the report;
(2) the extent of savings on purchases of goods and
services realized by executive agencies during that year; and
(3) such findings and recommendations as the Director
considers appropriate.
SEC. 4. STRATEGIC SOURCING DUTIES OF COVERED DEPARTMENTS.
(a) In General.--The Secretary of a covered department shall take
the following actions to support strategic sourcing efforts in the
department:
(1) Establishment of department-wide goals and savings
targets for strategic sourcing efforts in support of the goals
established under section 2.
(2) Establishment of a strategic sourcing accountability
official within the department.
(3) Issuance of a policy that outlines the role, authority,
and responsibilities of the strategic sourcing accountability
official and department practices for strategic sourcing.
(4) Identification of department-specific strategic
sourcing contracts already in use and establishment of
utilization goals for current and future strategic sourcing
efforts.
(5) Development of standards to track and assess compliance
with the goals established under section 2, consistent with the
guidance and considerations under section 3.
(b) Spend Analysis Requirement.--Not later than six months after
the date of the enactment of this Act, and in accordance with the
guidance and considerations under section 3, the Secretary of a covered
department shall conduct a spend analysis of procurements by the
department during fiscal year 2012 to identify, assess, and quantify
goods and services suitable for strategic sourcing. Based on the
analysis, the Secretary shall select, for implementation in fiscal year
2014, at least one good or service to strategically source from among
the top 20 procurement spending categories for commercial goods and
services that are identified in the analysis as suitable for strategic
sourcing.
SEC. 5. STUDY AND REPORT BY COMPTROLLER GENERAL.
(a) Study on Contract Utilization Fees.--The Comptroller General of
the United States shall conduct a study to assess the effect of
contract utilization fees on the use of multiple agency contracts,
including strategic sourcing vehicles using multiple award schedules,
and shall submit a report on the results of the study to Congress not
later than one year after the date of the enactment of this Act.
(b) Study on Establishing Contract Vehicles.--The Comptroller
General shall conduct a study to examine the cost of establishing each
of the current Federal strategic sourcing initiative contract vehicles,
and shall submit a report on the results of the study to Congress not
later than one year after the date of the enactment of this Act.
(c) Annual Report on Implementation of Act.--
(1) Assessments.--Each year, the Comptroller General shall
assess--
(A) the performance of executive agencies in
implementing the strategic sourcing goals required by
this Act; and
(B) the amounts saved through the use of strategic
sourcing, including a comparison of the costs of
establishing and maintaining strategic sourcing
contract vehicles.
(2) Report.--The Comptroller General shall submit a report
on the results of the assessment to Congress not later than one
year after the date of the enactment of this Act and annually
thereafter while the goals are in effect.
SEC. 6. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code.
(2) Covered department.--The term ``covered department''
means the Department of Defense, the Department of Homeland
Security, the Department of Energy, the Department of Veterans
Affairs, the National Aeronautics and Space Administration, the
Department of Health and Human Services, the General Services
Administration, and the Small Business Administration.
(3) Strategic sourcing.--The term ``strategic sourcing''
means a structured and collaborative process of critically
analyzing an organization's spending patterns to better
leverage its purchasing power, reduce costs, and improve
overall value and performance. | Buy Smarter and Save Act of 2013 - Directs the President to establish: (1) an annual government-wide goal to procure goods and services using strategic sourcing, and (2) an annual government-wide goal for savings from the use of strategic sourcing. Defines "strategic sourcing" as a structured and collaborative process of critically analyzing an organization's spending patterns to better leverage its purchasing power, reduce costs, and improve overall value and performance. Directs the Director of the Office of Management and Budget (OMB) to: (1) issue guidance to executive agencies for implementing the strategic sourcing goals established by this Act, and (2) report on spending for goods and services that was strategically sourced and the extent of the savings realized. Directs the Departments of Defense (DOD), Homeland Security (DHS), Energy (DOE), Veterans Affairs (VA), and Health and Human Services (HHS), and the National Aeronautics and Space Administration (NASA), the General Services Administration (GSA), and the Small Business Administration (SBA) to take certain actions to support strategic sourcing, including establishing department wide-goals and savings targets for strategic sourcing efforts and a strategic sourcing accountability official. Directs the Comptroller General (GAO) to: (1) conduct studies on contract utilization fees and on establishing strategic sourcing initiative contract vehicles, and (2) assess and report on the performance of executive agencies in implementing the strategic sourcing goals required by this Act and the amounts saved through the use of strategic sourcing. | {"src": "billsum_train", "title": "Buy Smarter and Save Act of 2013"} | 1,739 | 331 | 0.667212 | 2.431509 | 0.791673 | 4.302013 | 5.426174 | 0.926174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emergency Centers
Establishment Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS.
(a) In General.--In accordance with the requirements of this Act,
the Secretary of Homeland Security shall establish not fewer than 6
national emergency centers on military installations.
(b) Purpose of National Emergency Centers.--The purpose of a
national emergency center shall be to use existing infrastructure--
(1) to provide temporary housing, medical, and humanitarian
assistance to individuals and families dislocated due to an
emergency or major disaster;
(2) to provide centralized locations for the purposes of
training and ensuring the coordination of Federal, State, and
local first responders;
(3) to provide centralized locations to improve the
coordination of preparedness, response, and recovery efforts of
government, private, and not-for-profit entities and faith-
based organizations; and
(4) to meet other appropriate needs, as determined by the
Secretary of Homeland Security.
SEC. 3. DESIGNATION OF MILITARY INSTALLATIONS AS NATIONAL EMERGENCY
CENTERS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall designate not fewer
than 6 military installations as sites for the establishment of
national emergency centers.
(b) Minimum Requirements.--A site designated as a national
emergency center shall be--
(1) capable of meeting for an extended period of time the
housing, health, transportation, education, and humanitarian
needs of a large number of individuals affected by an emergency
or major disaster;
(2) environmentally safe and shall not pose a health risk
to individuals who may use the center;
(3) capable of accommodating major disaster preparedness
and response drills, operations, and procedures; and
(4) easily accessible at all times, including during an
emergency or major disaster.
(c) Location of National Emergency Centers.--There shall be
established not fewer than one national emergency center in each of the
following areas:
(1) The area consisting of Federal Emergency Management
Agency Regions I, II, and III.
(2) The area consisting of Federal Emergency Management
Agency Region IV.
(3) The area consisting of Federal Emergency Management
Agency Regions V and VII.
(4) The area consisting of Federal Emergency Management
Agency Region VI.
(5) The area consisting of Federal Emergency Management
Agency Regions VIII and X.
(6) The area consisting of Federal Emergency Management
Agency Region IX.
(d) Preference for Designation of Closed Military Installations.--
Wherever possible, the Secretary of Homeland Security, in consultation
with the Secretary of Defense, shall designate a closed military
installation as a site for a national emergency center. If the
Secretaries of Homeland Security and Defense jointly determine that
there is not a sufficient number of closed military installations that
meet the requirements of subsections (b) and (c), the Secretaries shall
jointly designate portions of existing military installations other
than closed military installations as national emergency centers.
(e) Transfer of Control of Closed Military Installations.--If a
closed military installation is designated as a national emergency
center, not later than 180 days after the date of designation, the
Secretary of Defense shall transfer to the Secretary of Homeland
Security administrative jurisdiction over such closed military
installation.
(f) Cooperative Agreement for Joint Use of Existing Military
Installations.--If an existing military installation other than a
closed military installation is designated as a national emergency
center, not later than 180 days after the date of designation, the
Secretary of Homeland Security and the Secretary of Defense shall enter
into a cooperative agreement to provide for the establishment of the
national emergency center.
(g) Reports.--
(1) Preliminary report.-- Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting jointly with the Secretary of Defense, shall
submit to Congress a report that contains for each designated
site--
(A) an outline of the reasons why the site was
selected;
(B) an outline of the need to construct, repair, or
update any existing infrastructure at the site;
(C) an outline of the need to conduct any necessary
environmental clean-up at the site;
(D) an outline of preliminary plans for the
transfer of control of the site from the Secretary of
Defense to the Secretary of Homeland Security, if
necessary under subsection (e); and
(E) an outline of preliminary plans for entering
into a cooperative agreement for the establishment of a
national emergency center at the site, if necessary
under subsection (f).
(2) Update report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Homeland
Security, acting jointly with the Secretary of Defense, shall
submit to Congress a report that contains for each designated
site--
(A) an update on the information contained in the
report as required by paragraph (1);
(B) an outline of the progress made toward the
transfer of control of the site, if necessary under
subsection (e);
(C) an outline of the progress made toward entering
a cooperative agreement for the establishment of a
national emergency center at the site, if necessary
under subsection (f); and
(D) recommendations regarding any authorizations
and appropriations that may be necessary to provide for
the establishment of a national emergency center at the
site.
(3) Final report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting jointly with the Secretary of Defense, shall submit to
Congress a report that contains for each designated site--
(A) finalized information detailing the transfer of
control of the site, if necessary under subsection (e);
(B) the finalized cooperative agreement for the
establishment of a national emergency center at the
site, if necessary under subsection (f); and
(C) any additional information pertinent to the
establishment of a national emergency center at the
site.
(4) Additional reports.--The Secretary of Homeland
Security, acting jointly with the Secretary of Defense, may
submit to Congress additional reports as necessary to provide
updates on steps being taken to meet the requirements of this
Act.
SEC. 4. LIMITATIONS ON STATUTORY CONSTRUCTION.
This Act does not affect--
(1) the authority of the Federal Government to provide
emergency or major disaster assistance or to implement any
disaster mitigation and response program, including any program
authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
(2) the authority of a State or local government to respond
to an emergency.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $125,000,000 for each of
fiscal years 2006 and 2007 to carry out this Act. Such funds shall
remain available until expended.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Closed military installation.--The term ``closed
military installation'' means a military installation, or
portion thereof, approved for closure in 2005 under the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note).
(2) Emergency.--The term ``emergency'' has the meaning
given such term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) Major disaster.--The term ``major disaster'' has the
meaning given such term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(4) Military installation.--The term ``military
installation'' has the meaning given such term in section 2910
of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). | National Emergency Centers Establishment Act - Directs the Secretary of Homeland Security to establish at least six national emergency centers on mililtary installations to provide: (1) temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster; and (2) centralized locations for the training and coordination of federal, state, and local first responders, and to improve coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations.
Requires the use of such centers to meet other appropriate needs determined by the Secretary. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to establish national emergency centers on military installations."} | 1,747 | 130 | 0.682294 | 1.737561 | 0.546593 | 5.237288 | 14.033898 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Ban Extension and
Improvement Act''.
SEC. 2. 2-YEAR EXTENSION OF MORATORIUM.
Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended--
(1) by striking ``2003--'' and inserting ``2005:'';
(2) by striking paragraph (1) and inserting the following:
``(1) Taxes on Internet access.''; and
(3) by striking ``multiple'' in paragraph (2) and inserting
``Multiple''.
SEC. 3. EXCEPTIONS FOR CERTAIN TAXES.
The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
(1) by redesignating section 1104 as section 1105; and
(2) by inserting after section 1103 the following:
``SEC. 1104. EXCEPTIONS FOR CERTAIN TAXES.
``(a) Pre-October, 1998, Taxes.--Section 1101(a) does not apply to
a tax on Internet access (as that term was defined in section 1104(5)
of this Act as that section was in effect on the day before the date of
enactment of the Internet Tax Ban Extension and Improvement Act) that
was generally imposed and actually enforced prior to October 1, 1998,
if, before that date, the tax was authorized by statute and either--
``(1) a provider of Internet access services had a reasonable
opportunity to know by virtue of a rule or other public
proclamation made by the appropriate administrative agency of
the State or political subdivision thereof, that such agency
has interpreted and applied such tax to Internet access
services; or
``(2) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
``(b) Taxes on Telecommunications Services.--Section 1101(a) does
not apply to a tax on Internet access that was generally imposed and
actually enforced as of November 1, 2003, if, as of that date, the tax
was authorized by statute and either--
``(1) a provider of Internet access services had a reasonable
opportunity to know by virtue of a rule or other public
proclamation made by the appropriate administrative agency of
the State or political subdivision thereof, that such agency
has interpreted and applied such tax to Internet access
services; or
``(2) a State or political subdivision thereof generally
collected such tax on charges for Internet access service.''.
SEC. 4. CHANGE IN DEFINITIONS OF INTERNET ACCESS SERVICE.
(a) In General.--Paragraph (3)(D) of section 1101(e) of the
Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking
the second sentence and inserting ``The term `Internet access service'
does not include telecommunications services, except to the extent such
services are purchased, used, or sold by an Internet access provider to
connect a purchaser of Internet access to the Internet access
provider.''.
(b) Conforming Amendments.--
(1) Paragraph (2)(B)(i) of section 1105 of that Act, as
redesignated by subsection (a), is amended by striking ``except
with respect to a tax (on Internet access) that was generally
imposed and actually enforced prior to October 1, 1998,''.
(2) Internet access.--Paragraph (5) of section 1105 of that
Act, as redesignated by subsection (a), is amended by striking
the second sentence and inserting ``The term `Internet access'
does not include telecommunications services, except to the
extent such services are purchased, used, or sold by an
Internet access provider to connect a purchaser of Internet
access to the Internet access provider.''.
(3) Paragraph (10) of section 1105 of that Act, as
redesignated by subsection (a), is amended to read as follows:
``(10) Tax on internet access.--
``(A) In general.--The term `tax on Internet
access' means a tax on Internet access, regardless of
whether such tax is imposed on a provider of Internet
access or a buyer of Internet access and regardless of
the terminology used to describe the tax.
``(B) General exception.--The term `tax on Internet
access' does not include a tax levied upon or measured
by net income, capital stock, net worth, or property
value.''.
SEC. 5. ACCOUNTING RULE.
The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by
adding at the end the following:
``SEC. 1106. ACCOUNTING RULE.
``(a) In General.--If charges for Internet access are aggregated
with and not separately stated from charges for telecommunications
services or other charges that are subject to taxation, then the
charges for Internet access may be subject to taxation unless the
Internet access provider can reasonably identify the charges for
Internet access from its books and records kept in the regular course
of business.
``(b) Definitions.--In this section:
``(1) Charges for internet access.--The term `charges for
Internet access' means all charges for Internet access as
defined in section 1105(5).
``(2) Charges for telecommunications services.--The term
`charges for telecommunications services' means all charges for
telecommunications services except to the extent such services
are purchased, used, or sold by an Internet access provider to
connect a purchaser of Internet access to the Internet access
provider.''.
SEC. 6. EFFECT ON OTHER LAWS.
The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 4, is amended by adding at the end the following:
``SEC. 1107. EFFECT ON OTHER LAWS.
``(a) Universal Service.--Nothing in this Act shall prevent the
imposition or collection of any fees or charges used to preserve and
advance Federal universal service or similar State programs--
``(1) authorized by section 254 of the Communications Act
of 1934 (47 U.S.C. 254); or
``(2) in effect on February 8, 1996.
``(b) 911 and E-911 Services.--Nothing in this Act shall prevent
the imposition or collection, on a service used for access to 911 or E-
911 services, of any fee or charge specifically designated or presented
as dedicated by a State or political subdivision thereof for the
support of 911 or E-911 services if no portion of the revenue derived
from such fee or charge is obligated or expended for any purpose other
than support of 911 or E-911 services.
``(c) Non-Tax Regulatory Proceedings.--Nothing in this Act shall be
construed to affect any Federal or State regulatory proceeding that is
not related to taxation.''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act take effect November 1, 2003. | Internet Tax Ban Extension and Improvement Act - Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2005.
Makes such tax ban inapplicable to a tax on Internet access that was generally imposed and enforced prior to October 1, 1998, if, before that date, the tax was authorized by statute and either: (1) a provider of Internet access services had a reasonable opportunity to know that an agency has interpreted and applied such tax to Internet access services; or (2) a State or political subdivision generally collected such tax on charges for Internet access. Applies the same rule for a tax on Internet access that was generally imposed and enforced as of November 1, 2003.
Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to connect a purchaser of Internet access to the Internet access provider. Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value.
Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records. | {"src": "billsum_train", "title": "A bill to revive and extend the Internet Tax Freedom Act for 2 years, and for other purposes."} | 1,567 | 332 | 0.719999 | 2.111401 | 0.840599 | 6.223684 | 4.595395 | 0.907895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Flag Passenger Vessel
Act of 1994''.
SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.
(a) In General.--Section 8 of the Act of June 19, 1886 (46 U.S.C.
App. 289), is amended to read as follows:
``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.
``(a) In General.--Except as otherwise provided by law, a vessel
may transport passengers in coastwise trade only if--
``(1) the vessel meets the requirements of section 27 of
the Merchant Marine Act, 1920, and section 2 of the Shipping
Act, 1916, for engaging in coastwise trade; and
``(2) in the case of a vessel that is at least 5 net tons,
the vessel is documented under chapter 121 of title 46, United
States Code, with a coastwise endorsement.
``(b) Penalties.--
``(1) Civil penalty.--A person operating a vessel in
violation of this section shall be subject to a civil penalty
of $1,000 for each passenger transported in violation of this
section.
``(2) Forfeiture.--A vessel operated in knowing violation
of this section, and its equipment, shall be subject to seizure
by, and forfeiture to, the United States.
``(c) Definitions.--For purposes of this section--
``(1) the term `coastwise trade' includes--
``(A) transportation of a passenger from a place in
any State or possession of the United States and
returning to that place, if during the transportation
no passenger departs from the vessel in a foreign
country; and
``(B) transportation of a passenger between points
in the United States, either directly or by way of a
foreign port; and
``(2) the term `passenger' does not include a travel agent
on a voyage if--
``(A) the purpose of the voyage is to promote
future trips on the vessel;
``(B) money is not paid to the vessel owner or
charterer for the voyage; and
``(C) the voyage goes beyond the territorial sea of
the United States.''.
(b) Exception.--
(1) In general.--Notwithstanding the amendment made by
subsection (a), an ineligible vessel may engage in the
transport of passengers in coastwise trade (as those terms are
defined in that amendment) on a trade route, if--
(A) the vessel engaged, in the period beginning
January 1, 1990, and ending March 9, 1993, in the
transport of passengers in coastwise trade on the trade
route; and
(B) not later than 1 year after the date of
enactment of this Act, the owner files with the
Secretary of Transportation an affidavit certifying
compliance with subparagraph (A) and listing each trade
route on which the vessel engaged in transport of
passengers in coastwise trade in the period described
in subparagraph (A).
(2) Scheduled expiration of exception.--Paragraph (1) does
not apply to an ineligible vessel after the latest of--
(A) January 1, 2000;
(B) the date that is 15 years after the date of
completion of construction of the vessel; or
(C) the date that is 15 years after the date of
completion of any major conversion of the vessel that
is begun before the date of enactment of this Act.
(3) Expiration of exception for failure to recrew.--
Paragraph (1) does not apply to an ineligible vessel after the
date that is 5 years after the date of enactment of this Act,
unless--
(A) each individual employed on the vessel after
the 1-year period beginning on the date of enactment of
this Act is either a citizen of the United States or an
alien lawfully admitted to the United States for
permanent residence; and
(B) not more than 25 percent of the total number of
individuals employed on the vessel after the 1-year
period beginning on the date of enactment of this Act
are aliens lawfully admitted to the United States for
permanent residence.
(4) Termination of exception upon entry of replacement.--
Paragraph (1) does not apply to an ineligible vessel with
respect to a trade route after the date of entry into service
on the trade route of an eligible vessel, if--
(A) the eligible vessel has a passenger carrying
capacity that is equal to not less than 75 percent of
the passenger carrying capacity of the ineligible
vessel, as determined by the Secretary of the
department in which the Coast Guard is operating;
(B) the person that is the owner or charterer of
the eligible vessel submits to the Secretary of
Transportation, not later than 270 days before the date
of entry into service--
(i) a notice of the intent of the person to
enter into that service; and
(ii) such evidence as the Secretary may
require that the person is offering and
advertising the service;
(C) any individual employed on the ineligible
vessel after the 1-year period beginning on the date of
enactment of this Act--
(i) is not a citizen of the United States;
and
(ii) is not an alien lawfully admitted to
the United States for permanent residence; and
(D) more than 25 percent of the total number of
individuals employed on the ineligible vessel after the
1-year period beginning on the date of enactment of
this Act are aliens lawfully admitted to the United
States for permanent residence.
(5) Termination of exception upon sale of vessel.--
Paragraph (1) does not apply to an ineligible vessel after any
date on which the vessel is sold after the date of enactment of
this Act.
(6) Definitions.--For purposes of this subsection--
(A) the term ``eligible vessel'' means a vessel
that is eligible under chapter 121 of title 46, United
States Code, for a certificate of documentation
authorizing the vessel to engage in coastwise trade;
(B) the term ``ineligible vessel'' means a vessel
that is not eligible under chapter 121 of title 46,
United States Code, for a certificate of documentation
authorizing the vessel to engage in coastwise trade;
and
(C) the term ``major conversion'' has the same
meaning given such term by section 2101(14a) of title
46, United States Code. | United States-Flag Passenger Vessel Act of 1994 - Amends Federal law to permit a vessel to transport passengers in coastwise trade only if: (1) the vessel meets certain requirements under the Merchant Marine Act, 1920 and the Shipping Act, 1916 for engaging in such trade; and (2) for a vessel that is at least five net tons, it is documented with a coastwise endorsement. Sets forth a civil penalty of $1,000 per passenger transported in violation of this Act. Sets forth terminable exceptions to such requirements for certain ineligible vessels. | {"src": "billsum_train", "title": "United States-Flag Passenger Vessel Act of 1994"} | 1,427 | 122 | 0.642126 | 1.507635 | 0.616113 | 3.12963 | 12.277778 | 0.833333 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Christopher Bryski
Student Loan Protection Act'' or ``Christopher's Law''.
(b) Findings.--Congress finds the following:
(1) No requirement exists for private educational lenders'
promissory notes to include a clear and conspicuous description
of the responsibilities of a borrower and cosigner in the event
the borrower or cosigner becomes disabled, incapacitated, or
dies.
(2) According to the Annual Report of the Bureau of
Consumer Financial Protection (CFPB) Student Loan Ombudsman,
dated October 16, 2012:
(A) ``In less than seven months, the CFPB has
handled approximately 2,900 private student loan
complaints.''.
(B) ``Co-signers complain that information about
discharge or alternative arrangements in the case of
death of the primary borrower is not readily available
and that decisions are made on a case-by-case basis,
giving co-signers little understanding of how the
process works, or if they will be successful.''.
(C) ``The complaints and input received by the CFPB
resemble many of the same issues experienced by
mortgage borrowers, such as improper application of
payments, untimeliness in error resolution, and
inability to contact appropriate personnel in times of
hardship.''.
(D) ``The difference between federal and private
student loans in periods of disability was not well-
understood.''.
(E) ``There are at least $8 billion of private
student loans in default, representing more than
850,000 individual loans.''.
(F) ``While lenders do provide the terms of
agreement in promissory notes, including associated
benefits and protections, many borrowers state they
were unaware of the categorical differences between
federal and private protections.''.
(3) No requirement exists for a private education loan
borrower to designate an alternate point of contact on their
account in the event of their death or permanent disability.
(4) An estimated 1,700,000 people sustain a traumatic brain
injury each year, with older adolescents aged 15 to 19 years
old more likely to sustain a traumatic brain injury than other
age groups.
(5) It has been estimated that the annual incidence of
spinal cord injury, not including those who die at the scene of
an accident, is approximately 40 cases per 1,000,000 people in
the United States or approximately 12,000 new cases each year.
These injuries can lead to permanent disability or loss of
movement and can prohibit the victim from engaging in any
substantial gainful activity.
(6) In the 2007-2008 academic year, 13 percent of students
attending a 4-year public institution of higher education, and
26.2 percent of students attending a 4-year private institution
of higher education, borrowed monies from private educational
lenders.
(7) According to Sallie Mae, in 2009, the percentage of
cosigned private education loans increased from 66 percent to
84 percent of all private education loans.
SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS.
(a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C.
1650) is amended by adding at the end the following:
``(g) Additional Protections Relating to Death or Disability of
Borrower or Cosigner of a Private Education Loan.--
``(1) Clear and conspicuous description of borrower's and
cosigner's obligation.--In the case of any private educational
lender who extends a private education loan, the lender shall
clearly and conspicuously describe, in writing, the cosigner's
obligations with respect to the loan, including the effect the
death, disability, or inability to engage in any substantial
gainful activity of the borrower or any cosigner would have on
any such obligation, in language that the Bureau determines
would give a reasonable person a reasonable understanding of
the obligation being assumed by becoming a cosigner for the
loan.
``(2) Designation of individual to act on behalf of the
borrower.--In the case of any private educational lender who
extends a private education loan, the lender shall require the
borrower to designate an individual to have the legal authority
to act on behalf of the borrower with respect to the private
education loan in the event of the borrower's death,
disability, or inability to engage in any substantial gainful
activity.
``(3) Counseling.--In the case of any private educational
lender who extends a private education loan, the lender shall
ensure that the borrower, and any cosigner, receives
comprehensive information on the terms and conditions of the
loan and of the responsibilities the borrower has with respect
to such loan, including the information described under section
485(l)(2) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)(2)).
``(4) Model form.--The Bureau shall publish a model form
under section 105 for describing a cosigner's obligation for
purposes of paragraph (1).
``(5) Definition of death, disability, or inability to
engage in any substantial gainful activity.--For the purposes
of this subsection with respect to a borrower or cosigner, the
term `death, disability, or inability to engage in any
substantial gainful activity'--
``(A) means any condition described in section
437(a) of the Higher Education Act of 1965 (20 U.S.C.
1087(a)); and
``(B) shall be interpreted by the Bureau in such a
manner as to conform with the regulations prescribed by
the Secretary of Education under section 437(a) of such
Act (20 U.S.C. 1087(a)) to the fullest extent
practicable, including safeguards to prevent fraud and
abuse.''.
(b) Definitions.--Subsection (a) of section 140 of the Truth in
Lending Act (15 U.S.C. 1650(a)) is amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) the term `cosigner'--
``(A) means any individual who is liable for the
obligation of another without compensation, regardless
of how designated in the contract or instrument;
``(B) includes any person whose signature is
requested as condition to grant credit or to forbear on
collection; and
``(C) does not include a spouse of an individual
referred to in subparagraph (A) whose signature is
needed to perfect the security interest in the loan;''.
(c) Rulemaking.--Not later than the end of the 1-year period
following the date of the enactment of this Act, the Bureau of Consumer
Financial Protection shall issue regulations to carry out section
140(g) of the Truth in Lending Act.
SEC. 3. FEDERAL STUDENT LOANS.
(a) Counseling Information.--Section 485(l)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at
the end the following:
``(L) Information on the conditions required to
discharge the loan due to the death, disability, or
inability to engage in any substantial gainful activity
of the borrower in accordance with section 437(a), and
an explanation that, in the case of a private education
loan made through a private educational lender (as such
terms are defined in section 140 of the Truth in
Lending Act (15 U.S.C. 1650)), the borrower, the
borrower's estate, and any cosigner of such a private
education loan may be obligated to repay the full
amount of the loan, regardless of the death or
disability of the borrower or any other condition
described in section 437(a).
``(M) Any repayment, refinance, deferment,
forbearance, or forgiveness opportunities available to
the borrower, or cosigner, in the event of either
individual's death, disability, or inability to engage
in any substantial gainful activity.
``(N) The effect that the death, disability, or
inability to engage in any substantial gainful activity
of the borrower would have on the obligations of the
borrower and any cosigner of the loan.''.
(b) Designation of Individual To Act on Behalf of the Borrower.--
Section 484(a)(4) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following new subparagraph:
``(C) a designation by such student of an
individual who shall have the legal authority to act on
behalf of the student with respect to any loan to the
student under this title in the event of the student's
death, disability, or inability to engage in any
substantial gainful activity;''. | Christopher Bryski Student Loan Protection Act or Christopher's Law - Amends the Truth in Lending Act to require lenders of private education loans to: describe clearly and conspicuously, in writing, the cosigners' obligations regarding such loans, including the effect a borrower's or cosigner's death, disability, or inability to engage in any substantial gainful activity would have on such obligations; require the borrower to designate an individual to have the legal authority to act on behalf of the borrower in the event of the borrower's death, disability, or inability to engage in any substantial gainful activity; and ensure that the borrower, and any cosigner, receives comprehensive information on the loan's terms and conditions and the borrower's responsibilities with respect to such loan. Directs the Consumer Financial Protection Bureau (CFPB) to publish a model form for describing a cosigner's obligations regarding private education loans. Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education to provide borrowers of federal education loans information at their entrance counseling on: the effect their death, disability, or inability to engage in any substantial gainful activity would have on their federal and private education loans; any repayment, refinance, deferment, forbearance, or forgiveness opportunities available to the borrower, or cosigner, in the event of either individual's death, disability, or inability to engage in any substantial gainful activity; and the effect their death, disability, or inability to engage in any substantial gainful activity would have on their obligations and any cosigner's obligations with respect to the loan. Requires students applying for federal education loans to designate an individual who is to have the legal authority to act on their behalf with respect to such a loan in the event of their death, disability, or inability to engage in any substantial gainful activity. | {"src": "billsum_train", "title": "Christopher's Law"} | 2,032 | 419 | 0.518684 | 1.898067 | 0.832565 | 5.063037 | 5.243553 | 0.954155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Right-to-Know Act of
1999''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) promote the public right-to-know about the costs and
benefits of Federal regulatory programs and rules;
(2) increase Government accountability; and
(3) improve the quality of Federal regulatory programs and
rules.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided in this
section, the definitions under section 551 of title 5, United
States Code, shall apply to this Act.
(2) Benefit.--The term ``benefit'' means the reasonably
identifiable significant favorable effects, quantifiable and
nonquantifiable, including social, health, safety,
environmental, and economic effects, that are expected to
result from implementation of, or compliance with, a rule.
(3) Cost.--The term ``cost'' means the reasonably
identifiable significant adverse effects, quantifiable and
nonquantifiable, including social, health, safety,
environmental, and economic effects, that are expected to
result from implementation of, or compliance with, a rule.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Major rule.--The term ``major rule'' has the meaning
that term has under section 804(2) of title 5, United States
Code.
(6) Nonmajor rule.--The term ``nonmajor rule'' means any
rule, as that term is defined in section 804(3) of title 5,
United States Code, other than a major rule.
(7) Paperwork.--The term ``paperwork'' has the meaning
given the term ``collection of information'' under section 3502
of title 44, United States Code.
(8) Program component.--The term ``program component''
means a set of related rules.
SEC. 4. ACCOUNTING STATEMENT.
(a) In General.--Not later than February 5, 2001, and on the first
Monday in February of each year thereafter, the President, acting
through the Director of the Office of Management and Budget, shall
prepare and submit to the Congress an accounting statement and
associated report containing an estimate of the total annual costs and
benefits of Federal regulatory programs, including rules and
paperwork--
(1) in the aggregate;
(2) by agency, agency program, and program component; and
(3) by major rule.
(b) Additional Information.--In addition to the information
required under subsection (a), the Director shall include in each
accounting statement under subsection (a) the following information:
(1) An analysis of impacts of Federal rules and paperwork
on Federal, State, local, and tribal government, the private
sector, small business, wages, consumer prices, economic growth
as well as on public health, public safety, the environment,
consumer protection, equal opportunity, and other public policy
goals.
(2) An identification and analysis of overlaps,
duplications, and potential inconsistencies among Federal
regulatory programs.
(3) Recommendations to reform inefficient or ineffective
regulatory programs or program components, including
recommendations for addressing market failures that are not
adequately addressed by existing regulatory programs or program
components.
(c) Net Benefits and Costs.--To the extent feasible, the Director
shall, in estimates contained in any submission under subsection (a),
quantify the net benefits or net costs of--
(1) each program component covered by the submission;
(2) each major rule covered by the submission; and
(3) each option for which costs and benefits were included
in any regulatory impact analysis issued for any major rule
covered by the submission.
(d) Summary of Regulatory Activity.--The Director shall include in
each submission under subsection (a) a table stating the number of
major rules and the number of nonmajor rules issued by each agency in
the preceding fiscal year.
(e) Years Covered by Accounting Statement.--Each accounting
statement submitted under this section shall, at a minimum--
(1) cover expected costs and benefits for the fiscal year
for which the statement is submitted and each of the 4 fiscal
years following that fiscal year;
(2) cover previously expected costs and benefits for each
of the 2 fiscal years preceding the fiscal year for which the
statement is submitted, or the most recent revision of such
costs and benefits; and
(3) with respect to each major rule, include the estimates
of costs and benefits for each of the fiscal years referred to
in paragraphs (1) and (2) that were included in the regulatory
impact analysis that was prepared for the major rule.
(f) Delayed Application of Certain Requirements.--
(1) Application after first statement.--The following
requirements shall not apply to the first accounting statement
submitted under this section:
(A) The requirement under subsection (a)(2) to
include estimates with respect to program components.
(B) The requirement under subsection (b)(2).
(2) Application after second statement.--The requirement
under subsection (b)(1) to include analyses of impacts on
wages, consumer prices, economic growth, public health, public
safety, the environment, consumer protection, equal
opportunity, and other public policy goals shall not apply to
the first and second accounting statements submitted under this
section.
SEC. 5. NOTICE AND COMMENT.
(a) In General.--Before submitting an accounting statement and the
associated report to Congress under section 4, and before preparing
final guidelines under section 6, the Director of the Office of
Management and Budget shall--
(1) provide public notice and an opportunity of at least 60
days for submission of comments on the statement and report or
guidelines, respectively; and
(2) consult with the Director of the Congressional Budget
Office on the statement and report or guidelines, respectively.
(b) Appendix.--After consideration of the comments, the Director
shall include an appendix to the report or guidelines, respectively,
addressing the public comments and peer review comments under section
7.
(c) Availability of Peer Review Comments.--To ensure openness, the
Director shall make all final peer review comments available in their
entirety to the public.
SEC. 6. GUIDELINES FROM THE OFFICE OF MANAGEMENT AND BUDGET.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Council of Economic Advisers, shall
issue guidelines to agencies to standardize--
(1) most plausible measures of costs and benefits;
(2) the means of gathering information used to prepare
accounting statements under this Act, including information
required for impact analyses required under section 4(b)(1);
and
(3) the format of information provided for accounting
statements, including summary tables.
(b) Review.--The Director shall review submissions from the
agencies to ensure consistency with the guidelines under this section.
SEC. 7. PEER REVIEW.
(a) In General.--The Director of the Office of Management and
Budget shall arrange for two or more persons that have nationally
recognized expertise in regulatory analysis and regulatory accounting
and that are independent of and external to the Government, to provide
peer review of each accounting statement and associated report under
section 4 and the guidelines under section 6 before the statement,
report, or guidelines are final.
(b) Written Comments.--The peer review under this section shall
provide written comments to the Director in a timely manner. The
Director shall use the peer review comments in preparing the final
statements, associated reports, and guidelines.
(c) FACA.--Peer review under this section shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(d) Balance and Independence.--The Director shall ensure that--
(1) the persons that provide peer review under subsection
(a) are fairly balanced with respect to the points of view
represented;
(2) no person that provides peer review under subsection
(a) has a conflict of interest that is relevant to the
functions to be performed in the review; and
(3) the comments provided by those persons--
(A) are not inappropriately influenced by any
special interest; and
(B) are the result of independent judgment.
SEC. 8. SPECIAL RULES RELATING TO CERTAIN FEDERAL BANKING AGENCIES AND
MONETARY POLICY.
(a) Transfer of Authority and Duties of Director.--The head of each
Federal banking agency (as that term is defined in section 3(z) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(z)) and the National
Credit Union Administration, and not the Director, shall exercise all
authority and carry out all duties otherwise vested under this Act in
the Director with respect to that agency, other than the authority and
duty to submit accounting statements and reports under section 4(a).
The head of each such agency shall submit to the Director all estimates
and other information required by this Act to be included in such
statements and reports with respect to that agency.
(b) Exclusion of Monetary Policy.--No provision of this Act shall
apply to any matter relating to monetary policy that is proposed or
promulgated by the Board of Governors of the Federal Reserve System or
the Federal Open Market Committee.
Passed the House of Representatives July 26, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Requires the accounting statement, at a minimum, to: (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and the four following fiscal years; (2) cover previously expected costs and benefits for the two preceding fiscal years, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to that were included in the regulatory impact analysis that was prepared for such major rule.Prohibits the application of certain requirements under this Act with respect to the first and second accounting statements.Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits, the means of gathering information used to prepare the accounting statements under this Act, including information required for impact analyses, and the format of information provided for accounting statements, including summary tables; and (2) review agency submissions for consistency with such guidelines.Requires the Director: (1) before submitting the statement and report and before preparing final guidelines, to provide public notice and an opportunity to comment and to consult with the Director of the Congressional Budget Office; and (2) to include an appendix to the report or guidelines, respectively, addressing public and peer review comments.Directs the Director to arrange for two or more persons that have nationally recognized expertise in regulatory analysis and regulatory accounting to provide peer review of each accounting statement and associated report and the guidelines before such statement, report, or guidelines are final. Requires the Director to ensure that: (1) the persons that provide peer review are fairly balanced with respect to the points of view represented; (2) no such person has a conflict of interest that is relative to the functions to be performed in the review; and (3) the comments provided by those persons are not inappropriately influenced by any special interest and are the result of independent judgment.Directs the head of each Federal banking agency and the National Credit Union Administration, and not the Director, to exercise all authority and carry out all duties otherwise vested under this Act in the Director with respect to that agency, other than the authority and duty to submit accounting statements and reports as required by this Act.Prohibits applying any provision of this Act to any matter relating to monetary policy that is proposed or promulgated by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. | {"src": "billsum_train", "title": "Regulatory Right-to-Know Act of 1999"} | 1,998 | 502 | 0.465145 | 1.484181 | 0.65437 | 6.475992 | 4.016701 | 0.97286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential Energy Savings Act of
2013''.
SEC. 2. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES LOAN
PILOT PROGRAM.
(a) Loans for Residential Building Energy Efficiency Upgrades.--
Part D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.) is amended by adding at the end the following:
``SEC. 367. LOANS FOR RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES.
``(a) Definitions.--In this section:
``(1) Consumer-friendly loan repayment approach.--The term
`consumer-friendly loan repayment approach' means a loan
repayment method that--
``(A) emphasizes convenience for customers;
``(B) is of low cost to consumers; and
``(C) may tie loan repayment to an existing bill of
the consumer.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or territory of the United States;
and
``(B) an Indian tribal government.
``(3) Energy advisor program.--
``(A) In general.--The term `energy advisor
program' means any program to provide to homeowners or
residents advice, information, and support in the
identification, prioritization, and implementation of
energy efficiency and energy savings measures.
``(B) Inclusions.--The term `energy advisor
program' includes a program that provides--
``(i) interpretation of energy audit
reports;
``(ii) assistance in the prioritization of
improvements;
``(iii) assistance in finding qualified
contractors;
``(iv) assistance in contractor bid
reviews;
``(v) education on energy conservation,
renewable energy, and energy efficiency;
``(vi) explanations of available incentives
and tax credits;
``(vii) assistance in completion of rebate
and incentive paperwork; and
``(viii) any other similar type of support.
``(4) Energy efficiency.--The term `energy efficiency'
means a reduction in energy use, including thermal energy for
heating.
``(5) Energy efficiency upgrade.--
``(A) In general.--The term `energy efficiency
upgrade' means any project or activity carried out on a
residential building to increase energy efficiency.
``(B) Inclusions.--The term `energy efficiency
upgrade' includes the installation or improvement of
renewable energy for heating or electricity generation
serving a residential building carried out in
conjunction with an energy efficiency project or
activity.
``(6) Residential building.--
``(A) In general.--The term `residential building'
means a building used for residential purposes.
``(B) Inclusions.--The term `residential building'
includes--
``(i) a single-family residence;
``(ii) a multifamily residence composed not
more than 4 units; and
``(iii) a mixed-use building that includes
not more than 4 residential units.
``(b) Establishment of Program.--
``(1) In general.--The Secretary shall establish a program
under this part under which the Secretary shall make available
to eligible entities loans for the purpose of establishing or
expanding programs that provide to residential property owners
or tenants financing for energy efficiency upgrades of
residential buildings.
``(2) No requirement to participate.--No eligible entity
shall be required to participate in any manner in the program
established under paragraph (1).
``(c) Applications.--
``(1) In general.--To be eligible to receive a loan under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Selection.--In selecting eligible entities to receive
loans under this section, the Secretary shall--
``(A) to the maximum extent practicable, ensure--
``(i) that both innovative and established
approaches to the challenges of financing
energy efficiency upgrades are supported;
``(ii) regional diversity among recipients,
including participation by rural States and
small States; and
``(iii) significant participation by low-
and medium-income families;
``(B) evaluate applications based primarily on--
``(i) the projected reduction in energy
use;
``(ii) the extent to which Federal funds
are used to leverage additional funding from
State, local, philanthropic, private sector,
and other sources;
``(iii) the creditworthiness of the
eligible entity; and
``(iv) the incorporation of measures, such
as on-bill repayment, for making the loan
repayment system for recipients of financing as
consumer-friendly as practicable; and
``(C) evaluate applications based secondarily on--
``(i) the extent to which the proposed
financing program of the eligible entity
incorporates best practices for such a program,
as determined by the Secretary;
``(ii) whether the eligible entity has
created a plan for evaluating the effectiveness
of the proposed financing program;
``(iii) the extent to which the proposed
financing program incorporates energy advisor
programs and support programs designed to
increase the effectiveness of the program;
``(iv) the projected quantity of renewable
energy to be generated, to the extent that
renewable energy generation will be included;
``(v) the extent to which the proposed
financing program will be coordinated and
marketed with other existing or planned energy
efficiency programs administered by--
``(I) utilities;
``(II) State, tribal, territorial,
or local governments; or
``(III) community development
financial institutions; and
``(vi) such other factors as the Secretary
determines to be appropriate.
``(d) Term; Interest.--
``(1) In general.--The Secretary shall establish terms and
interest rates for loans provided to eligible entities under
this section in a manner that--
``(A) provides for a high degree of cost recovery;
and
``(B) ensures that the loans are competitive with,
or superior to, other forms of financing for similar
purposes.
``(2) Performance incentive.--The Secretary shall establish
a performance incentive providing a repayment discount for
eligible entities in an amount equal to not more than the value
of the interest accrued on the loan provided to the applicable
eligible entity under this section, based on performance as
evaluated in accordance with the factors described in
subparagraphs (B) and (C) of subsection (c)(2).
``(e) Use of Funds.--
``(1) In general.--An eligible entity shall use a loan
provided under this section to establish or expand a financing
program--
``(A) the purpose of which is to enable residential
building owners or tenants to conduct energy efficiency
upgrades of residential buildings;
``(B) that may not require any initial capital,
excluding fees; and
``(C) that incorporates a consumer-friendly loan
repayment approach.
``(2) Structure of financing program.--The financing
program of an eligible entity may--
``(A) consist--
``(i) primarily or entirely of a financing
program administered by--
``(I) the applicable State; or
``(II) a local government, utility,
or other entity; or
``(ii) of a combination of programs
described in clause (i); and
``(B) rely on financing provided by--
``(i) the eligible entity; or
``(ii) a third party, acting through the
eligible entity.
``(3) Form of assistance.--Assistance provided by an
eligible entity under this subsection may be in the form of--
``(A) a revolving loan fund;
``(B) a credit enhancement structure designed to
mitigate the effects of default; or
``(C) a program that--
``(i) adopts any other approach for
providing financing for energy efficiency
upgrades producing significant energy
efficiency gains;
``(ii) produces a high-leverage ratio of
non-Federal funds; and
``(iii) incorporates measures for making
the loan repayment system for recipients of
financing as consumer-friendly as practicable.
``(4) Scope of assistance.--Assistance provided by an
eligible entity under this subsection may be used to pay for
costs associated with carrying out an energy efficiency
upgrade, including materials and labor.
``(f) Repayment.--An eligible entity shall repay to the Secretary
the amount of a loan provided under this section, together with--
``(1) interest accrued on that amount; and
``(2) such fees as the Secretary determines to be necessary
to recover any portion of the costs of the program under this
section.
``(g) Reports.--
``(1) Eligible entities.--
``(A) In general.--Not later than 2 years after the
date of receipt of the loan, and annually thereafter
for the term of the loan, an eligible entity that
receives a loan under this section shall submit to the
Secretary a report describing the performance of each
program and activity carried out using the loan,
including anonymized loan performance data.
``(B) Requirements.--The Secretary, in consultation
with eligible entities and other stakeholders (such as
lending institutions and the real estate industry),
shall establish such requirements for the reports under
this paragraph as the Secretary determines to be
appropriate--
``(i) to ensure that the reports are clear,
consistent, and straightforward; and
``(ii) taking into account the reporting
requirements for similar programs in which the
eligible entities are participating, if any.
``(2) Secretary.--The Secretary shall submit to Congress
and make available to the public--
``(A) not less frequently than once each year, a
report describing the performance of the program under
this section, including a synthesis and analysis of the
information provided in the reports submitted to the
Secretary under paragraph (1)(A); and
``(B) on termination of the program under this
section, an assessment of the success of, and education
provided by, the measures carried out by eligible
entities during the term of the program.
``(h) Maximum Amount.--The Secretary may provide to eligible
entities a total of not more than $2,000,000,000 in loans under this
section for the costs of activities described in subsection (e).''.
(b) Reorganization.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended--
(A) by redesignating sections 362, 363, 364, 365,
and 366 as sections 364, 365, 366, 363, and 362,
respectively, and moving the sections so as to appear
in numerical order;
(B) in section 362 (as so redesignated)--
(i) in paragraph (3)(B)(i), by striking
``section 367, and'' and inserting ``section
367 (as in effect on the day before the date of
enactment of the State Energy Efficiency
Programs Improvement Act of 1990 (42 U.S.C.
6201 note; Public Law 101-440)); and''; and
(ii) in each of paragraphs (4) and (6), by
striking ``section 365(e)(1)'' each place it
appears and inserting ``section 363(e)(1)'';
(C) in section 363 (as so redesignated)--
(i) in subsection (b), by striking ``the
provisions of sections 362 and 364 and
subsection (a) of section 363'' and inserting
``sections 364, 365(a), and 366''; and
(ii) in subsection (g)(1)(A), in the second
sentence, by striking ``section 362'' and
inserting ``section 364''; and
(D) in section 365 (as so redesignated)--
(i) in subsection (a)--
(I) in paragraph (1), by striking
``section 362,'' and inserting
``section 364;''; and
(II) in paragraph (2), by striking
``section 362(b) or (e)'' and inserting
``subsection (b) or (e) of section
364''; and
(ii) in subsection (b)(2), in the matter
preceding subparagraph (A), by striking
``section 362(b) or (e)'' and inserting
``subsection (b) or (e) of section 364''.
(2) Conforming amendments.--Section 391 of the Energy
Policy and Conservation Act (42 U.S.C. 6371) is amended--
(A) in paragraph (2)(M), by striking ``section
365(e)(2)'' and inserting ``section 363(e)(2)''; and
(B) in paragraph (10), by striking ``section 362 of
this Act'' and inserting ``section 364''.
(3) Clerical amendment.--The table of contents of the
Energy Policy and Conservation Act (42 U.S.C. 6201 note; Public
Law 94-163) is amended by striking the items relating to part D
of title III and inserting the following:
``Part D--State Energy Conservation Programs
``Sec. 361. Findings and purpose.
``Sec. 362. Definitions.
``Sec. 363. General provisions.
``Sec. 364. State energy conservation plans.
``Sec. 365. Federal assistance to States.
``Sec. 366. State energy efficiency goals.
``Sec. 367. Loans for residential building energy efficiency
upgrades.''.
SEC. 3. FUNDING.
(a) Budgetary Effects.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go Act of 2010,
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
(b) Advance Appropriations Required.--An authorization of
appropriations under this Act or an amendment made by this Act shall be
effective for a fiscal year only to the extent and in the amounts
provided in advance in appropriations Acts. | Residential Energy Savings Act of 2013 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy (DOE) to establish a voluntary loan program to provide support to states, U.S. territories, and Indian tribal governments (eligible entities) in establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. Authorizes assistance provided by eligible entities to be in the form of a: (1) revolving loan fund; (2) credit enhancement structure designed to mitigate the effects of default; or (3) program that adopts other approaches for providing financing for upgrades producing significant energy efficiency gains, produces a high-leverage ratio of non-federal funds, and incorporates measures for making the loan repayment system for recipients of financing consumer-friendly. Requires the Secretary to establish a performance incentive providing a repayment discount in an amount equal to no more than the value of the interest accrued on the loan provided, based on performance as evaluated in accordance with specified factors. Makes an authorization of appropriations under this Act effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts. | {"src": "billsum_train", "title": "Residential Energy Savings Act of 2013"} | 3,294 | 257 | 0.630947 | 1.741584 | 0.798575 | 4.671171 | 13.554054 | 0.959459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shoulder-Fired Missile Threat
Reduction Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be
man-portable and carried and fired by a single
individual; or
(B) any other surface-to-air missile system
designed to be operated and fired by more than one
individual acting as a crew and portable by several
individuals.
(2) Conventional weapons.--The term ``conventional
weapons'' means rocket propelled grenades, landmines, abandoned
stocks of munitions, and other weapons the Secretary of State
determines the proliferation of which undermines international
peace and stability.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The global proliferation of man-portable air defense
systems (MANPADS) and other conventional weapons poses a direct
threat to the national security of the United States.
(2) The use of MANPADS and other conventional weapons by
terrorists and insurgent groups continues to hamper United
States efforts to achieve peace and security in Iraq and
Afghanistan.
(3) More than two-dozen terrorist groups, including al-
Qaeda, are believed to possess MANPADS.
(4) On November 28, 2002, in Mombasa, Kenya, two shoulder-
fired missiles were fired at a departing civilian airliner in
an unsuccessful attack claimed by al-Qaeda.
(5) A successful terrorist attack with a shoulder-fired
missile against a civilian airliner would have devastating
human and incalculable economic costs.
(6) The Government Accountability Office has estimated that
there are between 500,000 and 750,000 MANPADS in countries
around the world, with a few thousand outside government
controls and thousands more under government controls but
vulnerable to theft and possible transfer to terrorist groups
due to inadequate security.
(7) Many countries that possess stocks of MANPADS and other
conventional weapons no longer require such weapons for their
own security or self-defense, but do not possess the means to
eliminate or safeguard such weapons systems.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) where appropriate, the United States Government should
provide assistance to countries seeking to secure, remove, or
eliminate stocks of MANPADS and other conventional weapons that
pose a proliferation threat;
(2) where appropriate, the Secretary of State should direct
United States Ambassadors to such countries to negotiate with
appropriate officials of their host countries to offer
assistance to secure, remove, and eliminate stocks of MANPADS
and other conventional weapons that pose a proliferation
threat; and
(3) in light of the clear links between global networks of
terrorism and global networks of the illegal trade in
conventional weapons, the United States Government should place
consistent, broad, and continued emphasis on combating the
proliferation of MANPADS and other conventional weapons within
the broader nonproliferation strategy of the United States.
SEC. 5. STATEMENT OF POLICY.
It is the policy of the United States to assist the governments of
other countries to secure, remove, or eliminate stocks of MANPADS and
other conventional weapons that pose a proliferation threat, local or
regional security threat, or humanitarian threat.
SEC. 6. GLOBAL PROGRAM FOR THE SAFEGUARDING AND ELIMINATION OF MANPADS
AND CONVENTIONAL WEAPONS.
(a) In General.--The Secretary of State is authorized to carry out
an accelerated global program to secure, remove, or eliminate stocks of
MANPADS and other conventional weapons, as well as related equipment
and facilities, that are determined by the Secretary to pose a
proliferation threat, local or regional security threat, or
humanitarian threat.
(b) Program Elements.--The program authorized under subsection (a)
may include the following activities:
(1) Programs to assist countries to secure, remove, and
eliminate MANPADS and other conventional weapons, including
programs related to the safe handling and proper storage of
such MANPADS and other conventional weapons.
(2) Cooperative programs with the North Atlantic Treaty
Organization, Organization for Security and Cooperation in
Europe, and other international organizations to assist
countries in the secure handling and proper storage, removal,
or elimination of MANPADS and other conventional weapons.
(3) Programs for the management, including inventory and
accounting procedures, of MANPADS and other conventional
weapons at locations where United States funds have been used
to provide for the security of such weapons.
(4) Actions to ensure that equipment and funds, including
security upgrades at locations for the storage, removal, or
elimination of MANPADS and other conventional weapons and
related equipment that are determined by the Secretary of State
to pose a proliferation threat, local or regional security
threat, or humanitarian threat, continue to be used for
authorized purposes.
SEC. 7. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF MANPADS.
(a) Statement of Policy.--Congress declares that it should be the
policy of the United States to hold foreign governments accountable for
knowingly transferring MANPADS to state-sponsors of terrorism or
terrorist organizations.
(b) Determination Relating to Sanctions.--
(1) In general.--If the President determines that a foreign
government knowingly transfers MANPADS to a foreign government
described in paragraph (2) or a terrorist organization, the
President shall--
(A) submit forthwith to the Committee on
International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a
report containing such determination; and
(B) impose forthwith on the transferring foreign
government the sanctions described in subsection (c).
(2) Foreign government described.--A foreign government
described in this paragraph is a foreign government that the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979, section 620A of the
Foreign Assistance Act of 1961, section 40 of the Arms Export
Control Act, or any other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism.
(c) Sanctions Described.--The sanctions referred to in subsection
(b)(1)(B) are the following:
(1) Termination of United States Government assistance to
the transferring foreign government under the Foreign
Assistance Act of 1961, except that such termination shall not
apply in the case of humanitarian assistance.
(2) Termination of United States Government--
(A) sales to the transferring foreign government of
any defense articles, defense services, or design and
construction services; and
(B) licenses for the export to the transferring
foreign government of any item on the United States
Munitions List.
(3) Termination of all foreign military financing for the
transferring foreign government.
(d) Waiver.--Notwithstanding any other provision of law, sanctions
shall not be imposed on a transferring foreign government under this
section if the President determines and certifies in writing to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate that the
furnishing of the assistance, sales, licensing, or financing that would
otherwise be suspended as a result of the imposition of such sanctions
is important to the national security interests of the United States.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 47(3) of the Arms Export
Control Act.
(2) Defense service.--The term ``defense service'' has the
meaning given the term in section 47(4) of the Arms Export
Control Act.
(3) Design and construction services.--The term ``design
and construction services'' has the meaning given the term in
section 47(8) of the Arms Export Control Act.
(4) Foreign government.--The term ``foreign government''
includes any agency or instrumentality of a foreign government.
SEC. 8. MULTILATERAL EFFORTS TO LIMIT THE AVAILABILITY AND TRANSFER OF
MANPADS.
(a) Findings.--Congress finds the following:
(1) The United States Government has begun to pursue
commitments from countries in multilateral forums to limit the
availability, transfer, and proliferation of MANPADS worldwide.
(2) However, multilateral forums lack mechanisms for
assessing member countries' compliance with such diplomatic
commitments.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should continue to pursue strengthened international
diplomatic efforts in the appropriate fora to limit the availability,
transfer, and proliferation of MANPADS worldwide and to exert
appropriate diplomatic pressure to influence member country compliance
with such efforts.
SEC. 9. REPORT ON MANPADS AND CONVENTIONAL WEAPONS THREAT REDUCTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and as circumstances warrant thereafter, the
Secretary of State, in consultation with other appropriate government
agencies, shall submit to the Committee on International Relations and
the Committee on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate a report on MANPADS and other conventional weapons threat
reduction.
(b) Contents.--The report required under subsection (a) shall
include the following information for the period preceding each such
report:
(1) A description of efforts undertaken by the Secretary of
State regarding MANPADS and other conventional weapons threat
reduction.
(2) A description, on a country-by-country basis, of the
implementation of a global strategy for the storage, removal,
and elimination of MANPADS and other conventional weapons,
including, to the extent possible, a prioritization of such
storage, removal, and elimination efforts with respect to the
proliferation sensitivity of such weapons in each country and
the potential impact of such efforts on local and regional
security.
(3) A description of multilateral efforts pursued by the
United States Government to limit the availability, transfer,
and proliferation of MANPADS worldwide, and a strategy to
establish mechanisms to monitor and report on--
(A) countries' implementation of their commitments
to limit such availability, transfer, and
proliferation; and
(B) the impact such implementation of commitments
has on the flow of MANPADS to black and gray markets.
(4) A description and evaluation of the access of
terrorists, non-state actors, and state sponsors of terrorism
to MANPADS, their methods to acquire MANPADS, and a strategy
for disrupting future access to MANPADS.
(5) An evaluation of the extent to which activities
authorized by this Act and other United States Government
programs are integrated to ensure that the conventional weapons
threat reduction efforts of the United States Government are
consistent with United States policy and goals in countries
receiving assistance through such activities.
(c) Form.--The report required under subsection (a) shall be in
unclassified form, but shall contain a classified annex, as
appropriate.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts that are otherwise
authorized to be appropriated to the Nonproliferation, Anti-Terrorism,
Demining, and Related Programs account of the Department of State,
there is authorized to be appropriated $15,000,000 for fiscal year 2007
and $20,000,000 for fiscal year 2008 for activities related to the
securing, removal, or elimination of stocks of MANPADS and other
conventional weapons and related equipment and facilities.
(b) Additional Authorities.--Amounts appropriated pursuant to
subsection (a)--
(1) are authorized to be made available notwithstanding any
other provision of law; and
(2) are authorized to remain available until expended. | Shoulder-Fired Missile Threat Reduction Act of 2006 - Defines "MANPADS" as: (1) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or (2) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.
States that it is U.S. policy to assist foreign governments to secure, remove, or eliminate stocks of MANPADS and other conventional weapons that pose a proliferation, security, or humanitarian threat.
Authorizes the Secretary of State to carry out an accelerated global program to secure, remove, or eliminate stocks of MANPADS and other conventional weapons that pose a proliferation, security, or humanitarian threat.
States that it should be U.S. policy to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations.
Directs the President, upon a determination that a foreign government which has repeatedly supported acts of international terrorism knowingly transfers MANPADS to a foreign government or a terrorist organization, to: (1) report such information to the appropriate congressional committees; and (2) impose specified foreign assistance and military assistance sanctions on the transferring government. Exempts humanitarian assistance from such prohibition. Authorizes a national security waiver.
Expresses the sense of Congress that the U.S. government should pursue strengthened international diplomatic efforts to: (1) limit the availability and proliferation of MANPADS; and (2) exert diplomatic pressure to influence member country compliance with such efforts.
Directs the Secretary to report to the appropriate congressional committees respecting MANPADS and conventional weapons threat reduction. | {"src": "billsum_train", "title": "To reduce the threat of terrorists acquiring shoulder-fired missiles."} | 2,547 | 372 | 0.704403 | 2.307431 | 0.891101 | 5.132492 | 7.397476 | 0.930599 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-Election Presidential Transition
Act of 2010''.
SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES MAY BE PROVIDED TO
ELIGIBLE CANDIDATES BEFORE GENERAL ELECTION.
(a) In General.--Section 3 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended by adding at the end the following
new subsection:
``(h)(1)(A) In the case of an eligible candidate, the
Administrator--
``(i) shall notify the candidate of the candidate's right
to receive the services and facilities described in paragraph
(2) and shall provide with such notice a description of the
nature and scope of each such service and facility; and
``(ii) upon notification by the candidate of which such
services and facilities such candidate will accept, shall,
notwithstanding subsection (b), provide such services and
facilities to the candidate during the period beginning on the
date of the notification and ending on the date of the general
elections described in subsection (b)(1).
The Administrator shall also notify the candidate that sections
7601(c) and 8403(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 provide additional services.
``(B) The Administrator shall provide the notice under
subparagraph (A)(i) to each eligible candidate--
``(i) in the case of a candidate of a major party (as
defined in section 9002(6) of the Internal Revenue Code of
1986), on one of the first 3 business days following the last
nominating convention for such major parties; and
``(ii) in the case of any other candidate, as soon as
practicable after an individual becomes an eligible candidate
(or, if later, at the same time as notice is provided under
clause (i)).
``(C)(i) The Administrator shall, not later than 12 months
before the date of each general election for President and Vice-
President (beginning with the election to be held in 2012), prepare
a report summarizing modern presidential transition activities,
including a bibliography of relevant resources.
``(ii) The Administrator shall promptly make the report under
clause (i) generally available to the public (including through
electronic means) and shall include such report with the notice
provided to each eligible candidate under subparagraph (A)(i).
``(2)(A) Except as provided in subparagraph (B), the services and
facilities described in this paragraph are the services and facilities
described in subsection (a) (other than paragraphs (2), (3), (4), (7),
and 8(A)(v) thereof), but only to the extent that the use of the
services and facilities is for use in connection with the eligible
candidate's preparations for the assumption of official duties as
President or Vice-President.
``(B) The Administrator--
``(i) shall determine the location of any office space provided
to an eligible candidate under this subsection;
``(ii) shall, as appropriate, ensure that any computers or
communications services provided to an eligible candidate under
this subsection are secure;
``(iii) shall offer information and other assistance to
eligible candidates on an equal basis and without regard to
political affiliation; and
``(iv) may modify the scope of any services to be provided
under this subsection to reflect that the services are provided to
eligible candidates rather than the President-elect or Vice-
President-elect, except that any such modification must apply to
all eligible candidates.
``(C) An eligible candidate, or any person on behalf of the
candidate, shall not use any services or facilities provided under this
subsection other than for the purposes described in subparagraph (A),
and the candidate or the candidate's campaign shall reimburse the
Administrator for any unauthorized use of such services or facilities.
``(3)(A) Notwithstanding any other provision of law, an eligible
candidate may establish a separate fund for the payment of expenditures
in connection with the eligible candidate's preparations for the
assumption of official duties as President or Vice-President, including
expenditures in connection with any services or facilities provided
under this subsection (whether before such services or facilities are
available under this section or to supplement such services or
facilities when so provided). Such fund shall be established and
maintained in such manner as to qualify such fund for purposes of
section 501(c)(4) of the Internal Revenue Code of 1986.
``(B)(i) The eligible candidate may--
``(I) transfer to any separate fund established under
subparagraph (A) contributions (within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(8))) the candidate received for the general election for
President or Vice-President or payments from the Presidential
Election Campaign Fund under chapter 95 of the Internal Revenue
Code of 1986 the candidate received for the general election;
and
``(II) solicit and accept amounts for receipt by such
separate fund.
``(ii) Any expenditures from the separate fund that are made
from such contributions or payments described in clause (i)(I)
shall be treated as expenditures (within the meaning of section
301(9) of such Act (2 U.S.C. 431(9))) or qualified campaign
expenses (within the meaning of section 9002(11) of such Code),
whichever is applicable.
``(iii) An eligible candidate establishing a separate fund
under subparagraph (A) shall (as a condition for receiving services
and facilities described in paragraph (2)) comply with all
requirements and limitations of section 5 in soliciting or
expending amounts in the same manner as the President-elect or
Vice-President-elect, including reporting on the transfer and
expenditure of amounts described in subparagraph (B)(i) in the
disclosures required by section 5.
``(4)(A) In this subsection, the term `eligible candidate' means,
with respect to any presidential election (as defined in section
9002(10) of the Internal Revenue Code of 1986)--
``(i) a candidate of a major party (as defined in section
9002(6) of such Code) for President or Vice-President of the United
States; and
``(ii) any other candidate who has been determined by the
Administrator to be among the principal contenders for the general
election to such offices.
``(B) In making a determination under subparagraph (A)(ii), the
Administrator shall--
``(i) ensure that any candidate determined to be an eligible
candidate under such subparagraph--
``(I) meets the requirements described in Article II,
Section 1, of the United States Constitution for eligibility to
the office of President;
``(II) has qualified to have his or her name appear on the
ballots of a sufficient number of States such that the total
number of electors appointed in those States is greater than 50
percent of the total number of electors appointed in all of the
States; and
``(III) has demonstrated a significant level of public
support in national public opinion polls, so as to be
realistically considered among the principal contenders for
President or Vice-President of the United States; and
``(ii) consider whether other national organizations have
recognized the candidate as being among the principal contenders
for the general election to such offices, including whether the
Commission on Presidential Debates has determined that the
candidate is eligible to participate in the candidate debates for
the general election to such offices.''.
(b) Administrator Required To Provide Technology Coordination Upon
Request.--Section 3(a)(10) of the Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended to read as follows:
``(10) Notwithstanding subsection (b), consultation by the
Administrator with any President-elect, Vice-President-elect, or
eligible candidate (as defined in subsection (h)(4)) to develop a
systems architecture plan for the computer and communications
systems of the candidate to coordinate a transition to Federal
systems if the candidate is elected.''.
(c) Coordination With Other Transition Services.--
(1) Security clearances.--Section 7601(c) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b note)
is amended--
(A) by striking paragraph (1) and inserting:
``(1) Definition.--In this section, the term `eligible
candidate' has the meaning given such term by section 3(h)(4) of
the Presidential Transition Act of 1963 (3 U.S.C. 102 note).'', and
(B) by striking ``major party candidate'' in paragraph (2)
and inserting ``eligible candidate''.
(2) Presidentially appointed positions.--Section 8403(b)(2)(B)
of such Act (5 U.S.C. 1101 note) is amended to read as follows:
``(B) Other candidates.--After making transmittals under
subparagraph (A), the Office of Personnel Management shall
transmit such electronic record to any other candidate for
President who is an eligible candidate described in section
3(h)(4)(B) of the Presidential Transition Act of 1963 (3 U.S.C.
102 note) and may transmit such electronic record to any other
candidate for President.''.
(d) Conforming Amendments.--Section 3 of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) in subsection (a)(8)(B), by striking ``President-elect''
and inserting ``President-elect or eligible candidate (as defined
in subsection (h)(4)) for President''; and
(2) in subsection (e), by inserting ``, or eligible candidate
(as defined in subsection (h)(4)) for President or Vice-
President,'' before ``may designate''.
SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY THE INCUMBENT
ADMINISTRATION.
(a) In General.--The President of the United States, or the
President's delegate, may take such actions as the President determines
necessary and appropriate to plan and coordinate activities by the
Executive branch of the Federal Government to facilitate an efficient
transfer of power to a successor President, including--
(1) the establishment and operation of a transition
coordinating council comprised of--
(A) high-level officials of the Executive branch selected
by the President, which may include the Chief of Staff to the
President, any Cabinet officer, the Director of the Office of
Management and Budget, the Administrator of the General
Services Administration, the Director of the Office of
Personnel Management, the Director of the Office of Government
Ethics, and the Archivist of the United States, and
(B) any other persons the President determines appropriate;
(2) the establishment and operation of an agency transition
directors council which includes career employees designated to
lead transition efforts within Executive Departments or agencies;
(3) the development of guidance to Executive Departments and
agencies regarding briefing materials for an incoming
administration, and the development of such materials; and
(4) the development of computer software, publications,
contingency plans, issue memoranda, memoranda of understanding,
training and exercises (including crisis training and exercises),
programs, lessons learned from previous transitions, and other
items appropriate for improving the effectiveness and efficiency of
a Presidential transition that may be disseminated to eligible
candidates (as defined in section 3(h)(4) of the Presidential
Transition Act of 1963, as added by section 2(a)) and to the
President-elect and Vice-President-elect.
Any information and other assistance to eligible candidates under this
subsection shall be offered on an equal basis and without regard to
political affiliation.
(b) Reports.--
(1) In general.--The President of the United States, or the
President's delegate, shall provide 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 reports describing the activities undertaken by the
President and the Executive Departments and agencies to prepare for
the transfer of power to a new President.
(2) Timing.--The reports under paragraph (1) shall be provided
six months and three months before the date of the general election
for the Office of President of the United States.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on September 24, 2010. The summary of that version is repeated here.) Pre-Election Presidential Transition Act of 2010 - Amends the Presidential Transition Act of 1963 to direct the Administrator of the General Services Administration (GSA) to provide certain presidential transition services and facilities, including office space, equipment, and payment of certain related expenses, to eligible presidential and vice-presidential candidates before a presidential general election. Directs the President, or the President's delegate, to take necessary and appropriate actions to plan and coordinate activities by the executive branch of the federal government to facilitate an efficient transfer of power to a successor President. | {"src": "billsum_train", "title": "A bill to amend the Presidential Transition Act of 1963 to provide that certain transition services shall be available to eligible candidates before the general election."} | 2,771 | 147 | 0.393633 | 1.220107 | 0.59177 | 3.259259 | 18.948148 | 0.874074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Schools Improvement Act of
2010''.
SEC. 2. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
STATISTICS.
(a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
(b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
(1) in paragraph (9)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (F); and
(C) by inserting after subparagraph (C) (as amended
by subparagraph (A)) the following:
``(D) the incidence and prevalence of reported
incidents of bullying and harassment;
``(E) the perception of students regarding their
school environment, including with respect to the
prevalence and seriousness of incidents of bullying and
harassment and the responsiveness of the school to
those incidents; and'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) by redesignating paragraph (19) as paragraph (20); and
(4) by inserting after paragraph (18) (as amended by
paragraph (2)) the following:
``(19) provides an assurance that the State educational
agency will provide assistance to school districts and schools
in their efforts to prevent and appropriately respond to
incidents of bullying and harassment and describes how the
State educational agency will meet the requirements of this
paragraph; and''.
(c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in subclause (I), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(III) performance indicators for
bullying and harassment prevention
programs and activities; and''; and
(2) in paragraph (7)--
(A) in subparagraph (A), by inserting ``, including
bullying and harassment'' after ``disorderly conduct'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(F) annual notice to parents and students
describing the full range of prohibited conduct
contained in the discipline policies described in
subparagraph (A); and
``(G) grievance procedures for students or parents
that seek to register complaints regarding the
prohibited conduct contained in the discipline policies
described in subparagraph (A), including--
``(i) the name of the school district
officials who are designated as responsible for
receiving such complaints; and
``(ii) timelines that the school district
will follow in the resolution of such
complaints;''.
(d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) teach students about the
consequences of bullying and harassment.''; and
(2) in subparagraph (E), by adding at the end the
following:
``(xxiii) Programs that address the causes
of bullying and harassment and that train
teachers, administrators, specialized
instructional support personnel, and other
school personnel regarding strategies to
prevent bullying and harassment and to
effectively intervene when incidents of
bullying and harassment occur.''.
(e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
(f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
(1) in subsection (a)(2), by striking ``and school
violence'' and inserting ``school violence, including bullying
and harassment,''; and
(2) in the first sentence of subsection (b), by inserting
``, including bullying and harassment,'' after ``drug use and
violence''.
(g) Definitions.--
(1) Drug and violence prevention.--Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7161) is amended by
inserting ``, bullying, and other harassment'' after ``sexual
harassment and abuse''.
(2) Protective factor, buffer, or asset.--Paragraph (6) of
such section is amended by inserting ``, including bullying and
harassment'' after ``violent behavior''.
(3) Risk factor.--Paragraph (7) of such section is amended
by inserting ``, including bullying and harassment'' after
``violent behavior''.
(4) Bullying and harassment.--Such section is further
amended--
(A) by redesignating paragraphs (4) through (11)
(as amended by paragraphs (2) and (3)), as paragraphs
(6) through (13), respectively;
(B) by redesignating paragraphs (1) through (3) (as
amended by paragraph (1)), as paragraphs (2) through
(4), respectively;
(C) by inserting before paragraph (2) (as
redesignated by subparagraph (B)) the following:
``(1) Bullying.--The term `bullying'--
``(A) means conduct that adversely affects the
ability of one or more students to participate in or
benefit from the school's educational programs or
activities by placing the student (or students) in
reasonable fear of physical harm; and
``(B) includes conduct that is based on--
``(i) a student's actual or perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability;
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristics that may be defined by a State
or local educational agency; or
``(iii) association with a person or group
with one or more of the actual or perceived
characteristics listed in clause (i) or
(ii).''; and
(D) by inserting after paragraph (4) (as
redesignated by subparagraph (B)) the following:
``(5) Harassment.--The term `harassment'--
``(A) means conduct that adversely affects the
ability of one or more students to participate in or
benefit from the school's educational programs or
activities because the conduct, as reasonably perceived
by the student (or students), is so severe, persistent,
or pervasive; and
``(B) includes conduct that is based on--
``(i) a student's actual or perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability;
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristics that may be defined by a State
or local educational agency; or
``(iii) association with a person or group
with one or more of the actual or perceived
characteristics listed in clause (i) or
(ii).''.
(h) Effect on Other Laws.--
(1) Amendment.--The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
``SEC. 4156. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
under any other Federal law or law of a State or political subdivision
of a State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part
are in addition to those imposed by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
(including remedies and procedures) available to individuals under,
other Federal laws that establish protections for freedom of speech or
expression.''.
(2) Clerical amendment.--The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding after the item relating to
section 4155 the following:
``Sec. 4156. Effect on other laws.''. | Safe Schools Improvement Act of 2010 - Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment; and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment.
Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish grievance procedures for students and parents to register complaints regarding such conduct. | {"src": "billsum_train", "title": "A bill to amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs."} | 2,310 | 131 | 0.576694 | 1.420361 | 0.61203 | 2.816 | 16.392 | 0.864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Refugee Immigration Fairness
Act of 1997''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.
(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 before April 1,
2000; 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), (5), (6)(A), and (7)(A) 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 is a national
of Haiti--
(1) who filed for asylum before December 31, 1995, was
paroled into the United States prior to December 31, 1995,
after having been identified as having a credible fear of
persecution, or was paroled into the United States for emergent
reasons or reasons deemed strictly in the public interest; and
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for such adjustment is filed, except
an alien shall not be considered to have failed to maintain
continuous physical presence by reason of an absence, or
absences, from the United States for any periods in the
aggregate not exceeding 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of
deportation, 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.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status 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.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of Haiti;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for at
least 1 year;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien 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
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in aggregate not exceeding 180 days.
(e) 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.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) 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.
(h) 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, affect, 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. | Haitian Refugee Immigration Fairness Act of 1997 - Provides for the permanent resident status adjustment of certain Haitian nationals (and their spouses and children) who were paroled into the United States or filed for amnesty before a specified date.
Sets forth stay of removal and work authorization provisions. | {"src": "billsum_train", "title": "Haitian Refugee Immigration Fairness Act of 1997"} | 1,497 | 67 | 0.49638 | 1.351323 | 0.59365 | 1.830189 | 26.90566 | 0.811321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Bus Safety Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) The term ``bus'' means a motor vehicle with motive
power, except a trailer, designed for carrying more than 10
persons.
(2) The term ``school bus'' means a bus that is used for
purposes that include carrying pupils to and from public or
private school or school-related events on a regular basis, but
does not include a transit bus or a school-chartered bus.
(3) The term ``school-chartered bus'' means a bus that is
operated under a short-term contract with State or school
authorities who have acquired exclusive use of the bus at a
fixed charge in order to provide transportation for a group of
pupils to a special school-related event.
(4) The term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.
(a) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall prescribe proficiency standards for
school bus drivers who are required to possess a commercial driver's
license to operate a school bus.
(b) Exemption for Certain States.--In prescribing proficiency
standards under subsection (a), the Secretary shall provide that a
State may, in lieu of utilizing such proficiency standards, utilize
proficiency standards established by the State before the date of the
prescription of efficiency standards under subsection (a) if the
Secretary determines that the standards of the State establish
proficiency requirements as rigorous as the proficiency requirements
established under the standards prescribed under subsection (a).
(c) Demonstration of Proficiency.--Upon the prescription of
standards under subsection (a), each school bus driver referred to in
subsection (a) shall demonstrate (at such interval as the Secretary
shall prescribe) to the employer of the driver, the school district,
the State licensing agency, or other person or agency responsible for
regulating school bus drivers the proficiency of such driver in
operating a school bus in accordance with the proficiency standards
prescribed under subsection (a) or the proficiency standards
established by the State concerned, as the case may be.
SEC. 4. CRIMINAL HISTORY INVESTIGATIONS OF SCHOOL BUS DRIVERS.
(a) Requirement for Investigations.--(1) Notwithstanding any other
provision of law, a local educational agency may not employ a person as
a driver of a school bus of or on behalf of the agency until the agency
conducts a background check under procedures that meet the guidelines
set forth in section 3(b) of the National Child Protection Act of 1993
(Public Law 103-209; 107 Stat. 2491; 42 U.S.C. 5119a(b)).
(2) Subject to paragraph (3), the prohibition set forth in
paragraph (1) shall take effect on the date of the enactment of this
Act.
(b) Interim Requirement.--Prior to the establishment of the
procedures referred to in subsection (a)(1), or a State's participation
in the procedures referred to in subsection (a)(1), local educational
agencies shall request the Criminal Justice Information Services
Division of the Federal Bureau of Investigation to conduct a
fingerprint based check through its criminal history files, and the
Division shall comply with such a request.
(c) Definition.--In this section, the term ``local educational
agency'' has the meaning given such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).
SEC. 5. DEVELOPMENT OF INTELLIGENT VEHICLE-HIGHWAY SYSTEMS FOR SCHOOL
BUS SAFETY.
Section 6055(d) of the Intelligent Vehicle-Highway Systems Act of
1991 (23 U.S.C. 307 note) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) ensure that one or more operational tests advance the
use and reduce the cost of intelligent vehicle-highway system
technologies (including hazard warning systems or sensors) that
alert school bus drivers of pedestrians or vehicles in, or
approaching, the path of the school bus.''.
SEC. 6. SEAT BELTS IN SCHOOL BUSES.
(a) Requirement for Installation.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall prescribe
regulations that require that driver seat belts and passenger seat
belts (including lap safety belts or other child safety devices meeting
applicable Federal safety standards) be installed for each seating
position in any newly manufactured school bus.
(b) Promotion of Seat Belt Usage.--
(1) In general.--The Secretary, in consultation with
appropriate safety organizations and parent-teacher
organizations, shall conduct a program to promote and encourage
the use of seat belts in school buses.
(2) Elements of program.--In conducting the program
required under this subsection, the Secretary shall--
(A) encourage State and local governments to enact
and implement laws requiring mandatory usage of seat
belts in school buses;
(B) develop and disseminate educational materials
on the importance of using seat belts to passengers and
drivers of school buses; and
(C) recognize in an appropriate manner school
districts that achieve a high level of seat belt usage
by passengers and drivers of school buses.
SEC. 7. TRAFFIC ENGINEERING ACTIVITIES TO IMPROVE SCHOOL BUS SAFETY.
Notwithstanding any other provision of law, the Secretary shall
ensure that each State receiving aid to conduct highway safety programs
under section 402(c) of title 23, United States Code, shall utilize a
portion (as determined by the Secretary) of such aid for the purpose of
conducting traffic engineering activities in order to improve the safe
operation of school buses. The Secretary shall, to the maximum extent
practicable, ensure that the total amount utilized by such States for
such purpose in any fiscal year shall not be less than $1,000,000.
SEC. 8. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN
SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES.
(a) Commencement of Rulemaking Process.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall begin
a rulemaking process to determine the feasibility and practicability of
the following:
(1) A requirement for a decrease in the flammability of the
materials used in the construction of the interiors of school
buses.
(2) A requirement that individuals, school districts, or
companies that sell in the secondary market school buses that
may be used in interstate commerce inform purchasers of such
buses that such buses may not meet current National Highway
Transportation Safety Administration standards or Federal
Highway Administration standards with respect to such buses.
(3) The establishment of construction and design standards
for wheelchairs used in the transportation of students in
school buses.
(b) Final Rule.--Not later than 2 years after such date, the
Secretary shall promulgate a final rule providing for any requirement
or standard referred to in paragraph (1), (2), or (3) of subsection (a)
that the Secretary determines to be feasible and practicable.
SEC. 9. DISSEMINATION OF INFORMATION ON SCHOOL BUS SAFETY.
(a) Dissemination of Information.--In carrying out research on
highway safety under section 403 of title 23, United States Code, the
Secretary, in consultation with the American Automobile Association,
State educational agencies, and highway safety organizations, shall--
(1) improve the training materials on school bus safety;
and
(2) improve the distribution and availability of such
materials to schools for use by the student safety patrols of
such schools and to appropriate law enforcement agencies.
(b) Funds.--Notwithstanding any other provision of law, of the
funds available to the Secretary for research on highway safety and
traffic conditions under such section 403 in each of fiscal years 1995
through 2000, $100,000 shall be available in each such fiscal year for
the purposes of carrying out this section.
SEC. 10. STUDY AND REPORT ON SCHOOL BUS SAFETY.
(a) Study.--
(1) In general.--The Secretary shall carry out a study to
determine the following:
(A) The extent to which public transit vehicles are
engaged in school bus operations.
(B) The point at which a public transit vehicle is
sufficiently engaged in such operations as to be
considered a school bus for purposes of regulation
under Federal law.
(C) The differences between school bus operations
carried out directly by schools or school districts and
school bus operations carried out by schools or school
districts by contract.
(2) Areas.--The study shall address the differences between
the services and operations referred to in paragraph (1)(C) in
terms of--
(A) crash injury data;
(B) driver and carrier requirements;
(C) passenger transportation requirements;
(D) bus construction and design standards;
(E) Federal and State operating assistance (per
passenger/per mile/per hour);
(F) total operating costs;
(G) Federal and State capital assistance (per
passenger/per mile/per hour);
(H) total capital costs; and
(I) such other factors as the Secretary considers
appropriate.
(b) Report.--(1) Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the committees referred to
in paragraph (2) a report on the results of the study carried out under
subsection (a).
(2) The committees referred to in paragraph (1) are the following:
(A) The Committee on Environment and Public Works of the
Senate.
(B) The Committee on Commerce, Science, and Transportation
of the Senate.
(C) The Committee on Appropriations of the Senate.
(D) The Committee on Public Works and Transportation of the
House of Representatives.
(E) The Committee on Energy and Commerce of the House of
Representatives.
(F) The Committee on Appropriations of the House of
Representatives.
SEC. 11. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY
PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES.
The Secretary of Transportation shall--
(1) not later than December 31, 1994, issue a notice of
proposed rulemaking with respect to the minimum reporting
criteria required under the tenth sentence of section 402(a) of
title 23, United States Code; and
(2) not later than December 31, 1995, and after an
opportunity for public comment, issue a final rule establishing
such criteria.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards.
(Sec. 4) Prohibits a local agency from employing a person as a school bus driver until it conducts a criminal background check under procedures that meet the guidelines set forth in the National Child Protection Act of 1993.
(Sec. 5) Amends the Intelligent Vehicle-Highway Systems Act of 1991 to require the Secretary, in deciding which projects to fund under such Act, to ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of a school bus.
(Sec. 6) Requires the Secretary to prescribe regulations that require driver seat belts and passenger seat belts, including lap safety belts or other child safety devices meeting applicable Federal safety standards, be installed for each seating position in any newly manufactured school bus. Requires the Secretary to conduct a program to promote the use of seat belts in school buses.
(Sec. 7) Requires the Secretary to ensure that each State receiving Federal aid to conduct highway safety programs utilizes a portion of such aid (at least $1 million per fiscal year) to conduct traffic engineering activities to improve the safe operation of school buses.
(Sec. 8) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses.
(Sec. 9) Requires the Secretary in carrying out highway safety research and development projects to provide for the dissemination of information on school bus safety. Authorizes appropriations.
(Sec. 10) Requires the Secretary to conduct a study, and report the results to specified congressional committees, on school bus safety.
(Sec. 11) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria.
(Sec. 12) Authorizes appropriations. | {"src": "billsum_train", "title": "School Bus Safety Act"} | 2,401 | 572 | 0.608136 | 1.792879 | 0.704712 | 4.291242 | 4.515275 | 0.92668 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients First Act of 2007''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) intensify research that may result in improved
understanding of or treatments for diseases and other adverse
health conditions;
(2) promote research and human clinical trials using stem
cells that are ethically obtained and show evidence of
providing clinical benefit for human patients; and
(3) promote the derivation of pluripotent stem cell lines
without the creation of human embryos for research purposes and
without the destruction or discarding of, or risk of injury to,
a human embryo.
SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY.
(a) Authorization.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I
the following:
``SEC. 409J. HUMAN STEM CELL RESEARCH AND THERAPY.
``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, testing, and human clinical use of stem cells
that may result in improved understanding of or treatments for diseases
and other adverse health conditions, including pluripotent stem cells
that have the flexibility of embryonic stem cells (whether or not such
pluripotent stem cells have an embryonic source), prioritizing research
with the greatest potential for near-term clinical benefit in human
patients, provided that such isolation, derivation, production,
testing, or use will not involve--
``(1) the creation of a human embryo for research purposes;
``(2) the destruction of or discarding of, or risk of
injury to, a living human embryo; or
``(3) the use of any stem cell, the derivation or provision
of which would be inconsistent with the standards established
in paragraph (1) or (2).
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines implementing subsection
(a) to ensure that any research (including any clinical trial)
supported under subsection (a)--
``(1) is clearly consistent with the standards established
in subsection (a) if conducted using human cells, as
demonstrated by animal trials or other substantial evidence;
``(2) is prioritized in terms of potential for near-term
clinical benefit in human patients, as indicated by substantial
evidence from basic research or by substantial clinical
evidence which may include but is not limited to--
``(A) evidence of improvement in one or more human
patients suffering from illness or injury, as
documented in reports by professional medical or
scientific associations or in peer-reviewed medical or
scientific literature; or
``(B) approval for use in human trials by the Food
and Drug Administration; and
``(3) consistent with the standards established in
subsection (a), may take into account techniques outlined by
the President's Council on Bioethics and any other appropriate
techniques and research.
``(c) Rule of Construction.--Nothing in this section shall be
construed as altering the policy in effect on the date of the enactment
of this section regarding the eligibility of stem cell lines for
funding by the National Institutes of Health.
``(d) Definitions.--In this section:
``(1) Human embryo.--The term `human embryo' includes any
organism, not protected as a human subject under part 46 of
title 45, Code of Federal Regulations, as of the date of the
enactment of this section, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
``(2) Risk of injury.--The term `risk of injury' means
subjecting a human embryo to risk of injury or death greater
than that allowed for research on fetuses in utero under
section 46.204(b) of title 45, Code of Federal Regulations (or
any successor regulation), or section 498(b) of this Act.''.
(b) Priority Setting; Reports.--Section 492 of the Public Health
Service Act (42 U.S.C. 289a) is amended by adding at the end the
following:
``(d)(1) With respect to human stem cell research, the Secretary,
acting through the Director of NIH, shall give priority to conducting
or supporting research in accordance with section 409J.
``(2) At the end of fiscal year 2008 and each subsequent fiscal
year, the Secretary shall submit to the Congress a report outlining the
number of research proposals under section 409J that were peer
reviewed, a summary and detailed list of all such research proposals
that were not funded, and an explanation of why the proposals did not
merit funding. The reports under this paragraph shall be in addition to
the reporting on stem cell research included in the biennial report
required by section 403.''.
(c) Biennial Reports.--Section 403(a)(5) of the Public Health
Service Act (42 U.S.C. 283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Stem cells.''.
SEC. 4. STUDY TO EXPAND ACCESS TO THERAPEUTIC STEM CELL PRODUCTS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Health and Human Services shall study and submit
recommendations to the Congress on any structural changes to the C.W.
Bill Young Cell Transplantation Program established under 379 of the
Public Health Service Act (42 U.S.C. 274k) that would help to expand
access to new and future stem cell therapeutic products, including stem
cells derived from amniotic fluid as well as other sources such as
dental pulp, nasal tissue, and fat that may benefit from inclusion in
the coordinated distribution of bone marrow and cord blood stem cells. | Patients First Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), provided that such techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act.
Requires the Secretary to issue guidelines implementing this Act to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; (2) is prioritized in terms of potential for near-term clinical benefit in human patients; and (3) may take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research.
Requires the Secretary to: (1) report on peer reviewed stem cell research proposals that were not funded; and (2) study and submit recommendations to Congress on any structural changes to the C.W. Bill Young Cell Transplantation Program that would help to expand access to new and future stem cell therapeutic products. | {"src": "billsum_train", "title": "To intensify stem cell research showing evidence of substantial clinical benefit to patients, and for other purposes."} | 1,365 | 327 | 0.758125 | 2.360299 | 1.01907 | 7.029316 | 4.003257 | 0.983713 |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE
(a) Short Title.--This Act may be cited as the ``America Rx Act of
2003''.
(b) Findings.--Congress finds the following:
(1) Affordability is critical in providing access to
prescription drugs for residents of the United States.
(2) It is not the intention of the Congress to discourage
employers and health insurers from providing coverage for
prescription drugs, including discounts for the purchase of
those drugs.
(c) Purpose.--The purpose of this Act is to establish an America Rx
program that utilizes manufacturer rebates and pharmacy discounts to
reduce prescription drug prices to those residents who are without
access to discounted prices for outpatient prescription drugs.
SEC. 2. ESTABLISHMENT OF AMERICA RX PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Health and Human Services
shall establish a program (in this section referred to as the
``America Rx program'') consistent with the provisions of this
section to provide qualified residents with access to
discounted prices for outpatient prescription drugs.
(2) Principles.--The Secretary shall design and execute the
America Rx program in a manner consistent with the following
principles:
(A) Medicaid beneficiaries and other low-income
individuals, as well as senior citizens and the
disabled, are not hurt or disadvantaged as a result of
the program's implementation.
(B) Pharmacies participating are ensured reasonable
and timely payment of discounts they provide to
qualified residents under the program.
(C) The Federal Government will fully reimburse
States for reasonable costs they incur in carrying out
the program.
(D) Individuals who apply for benefits under the
program are screened for eligibility under the medicaid
program and other applicable Governmental health care
programs and, if found eligible, are enrolled in such
program or programs.
(E) The Secretary provides for--
(i) outreach efforts to build public
awareness of the program and maximize
enrollment of qualified residents; and
(ii) simplified eligibility procedures and
uniform eligibility standards for qualified
residents.
(3) Qualified resident defined.--For purposes of this
section, the term ``qualified resident'' means an individual
who--
(A) a citizen or national of the United States (or
an alien lawful residing permanently in the United
States); and
(B) as determined under regulations of the
Secretary, is not covered under any public or private
program that provides substantial benefits (which may
be discounted prices) towards the purchase of
outpatient prescription drugs.
(b) Rebate Agreements With Manufacturers.--
(1) In general.--Under the America Rx program the Secretary
shall negotiate with manufacturers of outpatient prescription
drugs rebate agreements with respect to drugs offered under the
program to qualified residents.
(2) Minimum amount of rebates.--In negotiating the amount
of such a rebate under paragraph (1), the Secretary shall take
into consideration the amount of the rebate calculated under
the medicaid program, the average manufacturer price of
prescription drugs, and other information on prescription drug
prices and price discounts. The Secretary shall negotiate the
amount of such rebates in a manner so that the rebates on
average are comparable to the average percentage rebate
obtained in outpatient prescription drugs provided under
section 1927(c) of the Social Security Act (42 U.S.C. 1396r-
8(c)).
(3) Payment.--Such rebates shall be payable to the
Secretary according to a schedule (not less often than
quarterly) negotiated with manufacturers and shall be paid,
directly or through States, to participating pharmacies that
provide discounts to qualified residents.
(4) Incentive.--In order to induce manufacturers of
outpatient prescription drugs to enter into such rebate
agreements, the Secretary shall, in a manner consistent with
the design principle specified in subsection (a)(2), provide,
in the case of a manufacturer that has not entered into such an
agreement, for a denial of a deduction under chapter 1 of the
Internal Revenue Code of 1986 for the amount of expenses of the
manufacturer for advertising and marketing of drugs of the
manufacturer, other than expenses for free samples of drugs
subject to section 503(b)(1) of the Federal Food Drug, and
Cosmetic Act intended to be distributed to patients.
(5) Application of rebates.--Amounts received by the
Secretary as rebates under this subsection shall be placed into
an appropriate account in the Treasury and shall be available
in advance of appropriations to the Secretary for the payment
of discounts and other costs of participating pharmacies in
carrying out the America Rx program and for the payment of
administrative costs in carrying out the program.
(c) Arrangements With Participating Pharmacies.--
(1) In general.--Under the America Rx program arrangements
are made with pharmacies for the provision of prescription
drugs at discounted prices to qualified residents in a
reasonably accessible manner. Such arrangements shall provide
that--
(A) each participating pharmacy shall--
(i) provide discounts on prices for
outpatient prescription drugs for qualified
residents in return for prompt reimbursement of
the amount of such discounts and a reasonable
dispensing fee;
(ii) not charge qualified residents more
(before such discounts) for outpatient
prescription drugs than the amount that
individuals who are not qualified residents are
charged for such drugs; and
(iii) report to the Secretary (or the
Secretary's designee) information regarding the
discounts provided and fees incurred; and
(B) the program shall--
(i) reimburse a participating retail
pharmacy on a prompt basis (no less promptly
than as provided under the medicare program)
for discounted prices provided to qualified
residents under the program and for reasonable
dispensing fees; and
(ii) not impose any additional fees on such
pharmacies in connection with participation in
the program.
(2) Discounted prices.--The amount of the discount provided
to enrolled qualifying residents shall reflect the amount of
rebates obtained, reduced by expenses relating to
administrative costs of the Federal and State governments and
of participating pharmacies. The Secretary shall specify the
method for computing and applying discounts, including a method
for computing and applying discounts on a uniform, average
percentage basis.
(d) Administration.--
(1) In general.--Under the America Rx program the Secretary
may enter into appropriate arrangements with States under which
States provide for the administration of the program in return
for payment of the reasonable administrative expenses
associated with such administration.
(2) Administrative functions.--Such administration
functions may include--
(A) determinations of eligibility of qualified
residents;
(B) arrangements with participating pharmacies; and
(C) such other functions as the Secretary
determines appropriate.
(3) Contractual authority.--In carrying out
responsibilities under this section, the Secretary and States
may enter into agreements with pharmacy benefit managers and
other third parties.
(e) Definitions.--For purposes of this section:
(1) The term ``manufacturer'' has the meaning given such
term in section 1927(k)(5) of the Social Security Act (42
U.S.C. 1396r-8(k)(5)).
(2) The term ``medicaid program'' means a State program
under title XIX of the Social Security Act, including such a
program operating under a Statewide waiver under section 1115
of such Act.
(3) The term ``outpatient prescription drug'' has the
meaning given the term ``covered outpatient drug'' in section
1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-
8(k)(2)).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(5) The term ``State'' has the meaning given such term for
purposes of title XIX of the Social Security Act. | America Rx Act of 2003 - Directs the Secretary of Health and Human Services to establish a program to provide qualified U.S. residents with access to discounted prices for outpatient prescription drugs. | {"src": "billsum_train", "title": "To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices."} | 1,664 | 42 | 0.601217 | 1.409727 | 0.727555 | 3.787879 | 47.121212 | 0.939394 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The average life expectancy in the United States has
increased to 80 years of age, causing an ever-increasing demand
for medical care.
(2) Medical school enrollment numbers have been virtually
stagnant for the last 25 years.
(3) During the last 20 years, median tuition and fees at
medical schools have increased by 229 percent (122 percent
adjusted for inflation) in private schools and by 479 percent
(256 percent adjusted for inflation) in public schools.
(4) The Association of American Medical Colleges, in its
Statement on the Physician Workforce, dated June, 2006, called
for an increase of 1,500 National Health Service Corps program
awards per year to help meet the need for physicians caring for
underserved populations and to help address rising medical
student indebtedness.
(5) The National Health Service Corps program has a proven
record of supplying physicians to underserved areas, and has
played an important role in expanding access for underserved
populations in rural and inner city communities.
(6) Continued expansion of the National Health Service
Corps program is strongly recommended.
(7) The growing debt incurred by graduating medical
students is likely to increase the interest and willingness of
graduates of United States medical schools to apply for
National Health Service Corps program funding and awards.
(8) One-third (250,000) of active physicians are over the
age of 55 and are likely to retire in the next ten years, while
the population will have increased by 24 percent. These
demographic changes will cause the population-to-physician
ratio to peak by the year 2020.
(9) In 2005, the Council on Graduate Medical Education
stated in a report to Congress that there will be a shortage of
not fewer than 90,000 full-time physicians by 2020.
(10) A continuing decline in the number of primary care
physicians will lead to increased shortages of health care
access in rural America.
(11) There is a declining ability to recruit qualified
medical students from rural and underserved areas, coupled with
greater difficulty on the part of community health centers and
other clinics to attract adequate personnel.
(12) Individuals in many geographic areas, especially rural
areas, lack adequate access to high quality preventive, primary
and specialty health care, contributing to significant health
disparities that impair America's public health and economic
productivity.
(13) A collaborative process is needed between hospitals
and non-hospital settings to maximize the potential of non-
hospital health care training.
SEC. 2. SCHOLARSHIPS FOR MEDICAL STUDENTS UNDER NATIONAL HEALTH SERVICE
CORPS SCHOLARSHIP PROGRAM.
Section 338H of the Public Health Service Act (42 U.S.C. 254q) is
amended by adding at the end the following:
``(d) Scholarships for Medical Students.--For contracts for
scholarships under this subpart to individuals who are accepted for
enrollment, or enrolled, in a course of study or program described in
section 338A(b)(1)(B) that leads to a degree in medicine or osteopathic
medicine, the Secretary shall, of the amounts appropriated under
subsection (a) for a fiscal year, obligate the greater of 10 percent or
such amount as necessary to fund ongoing activities related to such
contracts.''.
SEC. 3. CLARIFICATION OF ELIGIBILITY FOR MEDICARE GRADUATE MEDICAL
EDUCATION FUNDING OF A NONRURAL HOSPITAL THAT HAS A
TRAINING PROGRAM WITH AN INTEGRATED RURAL TRACK.
(a) In General.--Section 1886(h)(4)(H) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(H)), as amended by section 5506(a) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended--
(1) in clause (iv), by inserting ``(as defined in clause
(vii))'' after ``an integrated rural track''; and
(2) by adding at the end the following new clause:
``(vii) Definition of accredited training
program with an integrated rural track.--For
purposes of clause (iv), the term `accredited
training program with an integrated rural
track' means an accredited medical residency
training program located in an urban area which
offers a curriculum for all residents in the
program that includes the following
characteristics:
``(I) A minimum of 3 block months
of rural rotations. During such 3 block
months, the resident is in a rural area
for 4 weeks or a month.
``(II) A stated mission for
training rural physicians.
``(III) A minimum of 3 months of
obstetrical training, or an equivalent
longitudinal experience.
``(IV) A minimum of 4 months of
pediatric training that includes
neonatal, ambulatory, inpatient, and
emergency experiences through
rotations, or an equivalent
longitudinal experience.
``(V) A minimum of 2 months of
emergency medicine rotations, or an
equivalent longitudinal experience.''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to--
(1) payments to hospitals under section 1886(h) of the
Social Security Act (42 U.S.C. 1395ww(h)) for cost reporting
periods beginning on or after January 1, 2011; and
(2) payments to hospitals under section 1886(d)(5)(B)(v) of
such Act (42 U.S.C. 1395ww(d)(5)(B)(v)) for discharges
occurring on or after January 1, 2011. | Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to obligate, for scholarships for individuals who are accepted or enrolled in a course of study or program that leads to a degree in medicine or osteopathic medicine, the greater of : (1) 10% of amounts appropriated for the National Health Service Corps; or (2) the amount necessary to fund such scholarships activities.
Amends title XVIIII (Medicare) of the Social Security Act to require nonrural hospitals operating training programs in rural areas to include rural and emergency medicine rotations and obstetrical and pediatric training in such programs for purposes of payments for direct graduate medical education costs. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and title XVIII of the Social Security Act to increase the number of primary care physicians and medical residents serving health professional shortage areas, and for other purposes."} | 1,225 | 148 | 0.47486 | 1.376992 | 0.421903 | 2.8125 | 8.554688 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the First State National Historical Park established by section
3(a)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Delaware; and
(B) in the case of the property described in
section 3(b)(8), the States of Delaware and
Pennsylvania.
SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (3), there is
established the First State National Historical Park, to be
administered as a unit of the National Park System.
(2) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret the nationally significant
cultural and historic resources in the State that are
associated with--
(A) early Dutch, Swedish, and English settlement of
the Colony of Delaware and portions of the Colony of
Pennsylvania; and
(B) the role of Delaware --
(i) in the birth of the United States; and
(ii) as the first State to ratify the
Constitution.
(3) Determination by secretary.--
(A) In general.--The historical park shall not be
established until the date on which the Secretary
determines that sufficient land or interests in land
have been acquired from among the sites described in
subsection (b) to constitute a manageable park unit.
(B) Notice.--Not later than 30 days after making a
determination under subparagraph (A), the Secretary
shall publish a notice in the Federal Register of the
establishment of the historical park, including an
official boundary map for the historical park.
(C) Availability of map.--The map published under
subparagraph (B) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
(b) Historic Sites.--The Secretary may include the following sites
within the boundary of the historical park as generally depicted on the
maps numbered 1 through 6, entitled ``First State National Historical
Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA''
and ``First State National Historical Park, Woodlawn'', numbered T19/
80,000G, and dated February 2013:
(1) The Old Sherriff's House in New Castle County,
Delaware, as depicted on map 4 of 6.
(2) Fort Christina National Historic Landmark in New Castle
County, Delaware, as depicted on map 3 of 6.
(3) Old Swedes Church National Historic Landmark in New
Castle County, Delaware, as depicted on map 3 of 6.
(4) Old New Castle Courthouse in New Castle, Delaware, as
depicted on map 4 of 6.
(5) John Dickinson Plantation National Historic Landmark in
Kent County, Delaware, as depicted on map 5 of 6.
(6) Dover Green in Kent County, Delaware, as depicted on
map 5 of 6.
(7) Ryves Holt House in Sussex County, Delaware, as
depicted on map 6 of 6.
(8) The Woodlawn property in New Castle County, Delaware,
and Delaware County, Pennsylvania, as depicted on map 2 of 6.
(9) Old New Castle Green, in New Castle, Delaware, as
depicted on map 4 of 6.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Land Acquisition.--
(1) Methods.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may acquire all or a portion of any
of the sites described in section 3(b), including
easements or other interests in land, by purchase from
a willing seller, donation, or exchange.
(B) Donation only.--
(i) Proposed nps site.--The Secretary may
acquire only by donation all or a portion of
the property identified as ``Proposed NPS
Site'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013, including
easements or other interests in land.
(ii) Area for potential addition by
donation.--The Secretary may acquire only by
donation all or a portion of the property
identified as ``Area for Potential Addition by
Donation'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013.
(2) Boundary adjustment.--On acquisition of land or an
interest in land under paragraph (1), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Interpretive Tours.--The Secretary may provide interpretive
tours to sites and resources in the State that are located outside the
boundary of the historical park and associated with the purposes for
which the historical park is established, including--
(1) Fort Casimir;
(2) DeVries Monument;
(3) Amstel House;
(4) Dutch House; and
(5) Zwaanendael Museum.
(d) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the State,
institutions of higher education, nonprofit organizations, and
individuals to mark, interpret, and restore nationally
significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement
provides for reasonable public access to the resources.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under paragraph (1) shall be not
more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share may be in the form of in-kind contributions or
goods or services fairly valued.
(e) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary shall complete a management plan for
the historical park.
(2) Applicable law.--The management plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16
U.S.C. 1a-7(b)) and other applicable laws.
SEC. 5. NATIONAL LANDMARK STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary shall
complete a study assessing the historical significance of additional
properties in the State that are associated with the purposes of
historical park.
(b) Requirements.--The study prepared under subsection (a) shall
include an assessment of the potential for designating the additional
properties as National Historic Landmarks.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 7. OFFSET.
Section 7302(f) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 469n(f)) is amended by inserting before the period at the
end the following: ``, except that the amount authorized to be
appropriated to carry out this section not appropriated as of the date
of enactment of the First State National Historical Park Act shall be
reduced by $6,500,000''. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and parts of the colony of Pennsylvania and Delaware's role in the birth of the United States and as the first state to ratify the Constitution. Bars the establishment of the Park until it is determined that sufficient land or interests have been acquired from among specified historic sites within the boundary of the Park to constitute a manageable park unit. Instructs the Secretary to publish a notice in the Federal Register of the Park's establishment, including an official boundary map. Allows the the Secretary to acquire: (1) by purchase from a willing seller, donation, or exchange, all or a part of any of such sites, including easements or other interests; and (2) by donation only, all or a part of the property identified as "Proposed NPS (National Park Service) Site," including easements or other interests, and the property identified as "Area for Potential Addition by Donation." Adjusts the boundary of the Park to reflect the acquisition of lands or interests in such sites. Authorizes the Secretary to: (1) provide interpretive tours to sites and resources in Delaware and Pennsylvania located outside the Park's boundary and associated with the purposes for which the Park is established under this Act; and (2) enter into cooperative agreements with Delaware and Pennsylvania and other specified entities to mark, interpret, and restore nationally significant historic or cultural resources within the Park, if those agreements provide for reasonable public access to such resources. Limits the federal share of the total cost of any activity carried out under such an agreement to 50% of that cost. Permits the non-federal share to be in the form of in-kind contributions or goods or services fairly valued. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware and Pennsylvania associated with the Park. Requires such study to include an assessment of the potential for designating such properties as National Historic Landmarks. Authorizes appropriations. Amends the Omnibus Public Land Management Act of 2009 to state that the amount authorized to be appropriated to carry out the Preserve America program not appropriated as of this Act's enactment date shall be reduced by $6.5 million. | {"src": "billsum_train", "title": "First State National Historical Park Act"} | 1,746 | 546 | 0.660939 | 1.948559 | 0.702103 | 3.828283 | 3.210101 | 0.89899 |
Title IV of the Elementary and Secondary Education Act is amended
by adding at the end the following:
``PART H--COMMUNITY ARTS PARTNERSHIP
``SEC. 4801. SHORT TITLE.
``This part may be cited as the `Community Arts Partnership Act of
1993'.
``SEC. 4802. FINDINGS.
``Congress finds that--
``(1) with local school budgets cut there are inadequate
arts programs available for children in schools, especially at
the elementary level;
``(2) the arts promote progress in academic subjects as
shown by research conducted by the National Endowment for the
Arts; and
``(3) children who receive instruction in the arts remain
in school longer and are more successful than children who do
not receive such instruction.
``SEC. 4803. PURPOSE.
``The purpose of this part is to make demonstration grants to
eligible entities to improve the educational performance and future
potential of at risk-children and youth by providing comprehensive and
coordinated educational and cultural services.
``SEC. 4804. GRANTS AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible entities to pay the Federal share of the costs of the
activities described in section 4807.
``(b) Special Requirements.--The Secretary shall award grants under
this Act only to programs designed to--
``(1) promote educational and cultural services;
``(2) provide multi-year services to at-risk children and
youth;
``(3) serve the target population described in section
4806;
``(4) provide integration of community cultural resources
in the regular curriculum;
``(5) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk children and youth;
``(6) provide effective cultural linkages from preschool
programs, including the Head Start Act and part H of the
Individuals with Disabilities Education Act, to elementary
school;
``(7) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education, and employment;
``(8) increase parental and community involvement in the
educational, social, and cultural development of at-risk youth;
or
``(9) replicate programs and strategies that provide high
quality coordinated educational and cultural services and that
are designed to integrate such coordination into the regular
curriculum.
``(c) Requirement of Coordination.--Grants may only be awarded
under this part to eligible entities that agree to coordinate
activities carried out under other Federal, State, and local grants,
received by the members of the partnership for purposes and target
populations described in this part, into an integrated service delivery
system located at a school, cultural, or other community-based site
accessible to and utilized by at-risk youth.
``(d) Duration.--Grants made under this part may be renewable for a
maximum of 5 years if the Secretary determines that the eligible
recipient has made satisfactory progress toward the achievement of the
program objectives described in the application.
``(e) Geographic Distribution.--In awarding grants under this part,
the Secretary shall ensure--
``(1) an equitable geographic distribution; and
``(2) an equitable distribution to both urban and rural
areas with a high proportion of at-risk youth as defined in
section 4806.
``SEC. 4805. ELIGIBILITY.
``(a) Services for In-School Youth.--For the purposes of providing
a grant under this part to serve in-school children and youth, the term
``eligible entity'' means a partnership between a local education
agency that is eligible for funds under chapter 1 of title I of this
Act, and at least 1 institution of higher education or cultural entity
located within or accessible to the geographical boundaries of the
local education agency with a history of providing quality services to
the community, and which may include--
``(1) nonprofit institutions of higher education, museums,
and libraries; and zoological and botanical facility.
``(2) private for-profit entities with a history of
training children and youth in the arts.
``(b) Services for Out-of-School Youth.--For purposes of providing
a grant under this part to serve out-of-school youth, the term
`eligible entity' means a partnership between at least 1 entity of the
type described in paragraph (1) or (2) of subsection (a), or a local
education agency eligible for funds under chapter 1 of title I of this
Act and at least 1 cultural entity described in subsec- tion (a).
``SEC. 4806. TARGET POPULATION.
``In order to receive a grant under this part, an eligible entity
shall serve--
``(1) students enrolled in schools in participating
schoolwide projects assisted under chapter 1 of title I of this
Act and the families of such students; or
``(2) out-of-school youth at risk of having limited future
options as a result of teenage pregnancy and parenting,
substance abuse, recent migration, disability, limited English
proficiency, family migration, illiteracy, being the child of a
teen parent, living in a single parent household, or being a
high school dropout; or
``(3) any combination of in school and out-of-school at-
risk youth.
``SEC. 4807. AUTHORIZED ACTIVITIES.
``(a) In General.--Funds made under this part may be used--
``(1) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational and
cultural programs to strengthen the educational performance and
future potential of in-school and out-of-school at-risk youth
through cooperative agreements, contracts for services, or
administrative coordination;
``(2) to provide at-risk students with integrated cultural
activities designed to develop a love of learning to ensure the
smooth transition of preschool children to elementary school;
``(3) to design collaborative cultural activities for
students in secondary or alternative schools that ensure the
smooth transition to job training, higher education, or full
employment;
``(4) to provide child care for children of at-risk
students who would not otherwise be able to participate in the
program;
``(5) to provide transportation necessary for participation
in the program;
``(6) to develop curriculum materials in the arts;
``(7) for staff development activities that encourage the
integration of the arts into the curriculum;
``(8) for stipends that allow local artists to work with
at-risk children and youth in the schools;
``(9) for cultural programs that encourage the active
participation of parents in their children's education;
``(10) for programs that use the arts to reform current
school practices, including lengthening the school day or
academic year;
``(11) for appropriate equipment and necessary supplies;
and
``(12) for evaluation, administration, and supervision.
``(b) Priority.--In providing assistance under this part, the
Secretary shall give priority to eligible entities that provide
comprehensive services that extend beyond traditional school or service
hours, that may include year round programs that provide services in
the evenings and on weekends.
``(c) Planning Grants.--
``(1) Application.--An eligible entity may submit an
application to the Secretary for a planning grants for an
amount not to exceed $50,000. Such grants shall be for periods
of not more than 1 year.
``(2) Limit on planning grants.--Not more than 10 percent
of the amounts appropriated in each fiscal year under this part
shall be used for grants under this subsection, and an eligible
entity may receive not more than 1 such planning grant.
``SEC. 4808. GENERAL PROVISIONS.
``(a) In General.--Each eligible entity desiring a grant under this
part shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
reasonably require.
``(b) Contents.--Each application submitted pursuant to subsection
(a) shall--
``(1) describe the cultural entity or entities that will
participate in the partnership;
``(2) describe the target population to be served;
``(3) describe the services to be provided;
``(4) describe a plan for evaluating the success of the
program;
``(5) describe, for a local educational agency participant,
how services will be perpetuated beyond the length of the
grant;
``(6) describe the manner in which the eligible entity will
improve the educational achievement or future potential of at-
risk youth through more effective coordination of cultural
services in the community;
``(7) describe the overall and operational goals of the
program; and
``(8) describe the nature and location of all planned sites
where services will be delivered and a description of services
which will be provided at each site.
``SEC. 4809. PAYMENTS; FEDERAL SHARE.
``(a) Payments.--The Secretary shall pay to each eligible entity
having an application approved under section 4808 the Federal share of
the cost of the activities described in the application.
``(b) Amount of Grants.--The amount of a grant made under this part
may not be less than $100,000 or exceed $500,000 in the first year of
such grant.
``(c) Federal Share.--The Federal share shall be 80 percent.
``(d) Non-Federal Share.--The non-Federal share shall be equal to
20 percent and may be in cash or in kind, fairly evaluated, including
facilities or services.
``(e) Limitation.--Not more than 25 percent of any grant under this
part may be used for noninstructional services such as those described
in paragraphs 4, 5, and 12 of section 4807(a).
``(f) Supplement and Not Supplant.--Grant funds awarded under this
part shall be used to supplement not supplant the amount of funds made
available from non-Federal sources, for the activities assisted under
this part, in amounts that exceed the amounts expended for such
activities in the year preceding the year for which the grant is
awarded.
``(g) Dissemination of Models.--The Secretary shall disseminate
information concerning successful models under this part through the
National Diffusion Network.
``SEC. 4810. AUTHORIZATION OF FUNDS.
``There are authorized to be appropriated to carry out this part,
$50,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the fiscal years 1996 through
1998.''. | Community Arts Partnership Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a Community Arts Partnership program.
Authorizes the Secretary of Education to make grants to eligible entities to provide comprehensive and coordinated educational and cultural services to at-risk children and youth.
Authorizes appropriations. | {"src": "billsum_train", "title": "Community Arts Partnership Act of 1993"} | 2,272 | 66 | 0.605598 | 1.313351 | 1.222272 | 3.035088 | 39.421053 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RESPONSE Act of 2014''.
SEC. 2. RAILROAD EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL NEEDS,
AND SAFETY EVALUATION SUBCOMMITTEE.
Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) RESPONSE Subcommittee.--
``(1) Establishment.--Not later than 30 days after the date
of the enactment of the RESPONSE Act of 2014, the Administrator
shall establish, as a subcommittee of the National Advisory
Council, the Railroad Emergency Services Preparedness,
Operational Needs, and Safety Evaluation Subcommittee (referred
to in this subsection as the `RESPONSE Subcommittee').
``(2) Membership.--Notwithstanding subsection (c), the
RESPONSE Subcommittee shall be composed of the following:
``(A) The Deputy Administrator for Protection and
National Preparedness of the Federal Emergency
Management Agency, or designee.
``(B) The Director of the Office of Emergency
Communications of the Department of Homeland Security,
or designee.
``(C) The Director for the Office of Railroad,
Pipeline and Hazardous Materials Investigations of the
National Transportation Safety Board, or designee, only
in an advisory capacity.
``(D) The Associate Administrator for Railroad
Safety of the Federal Railroad Administration, or
designee.
``(E) The Assistant Administrator for Security
Policy and Industry Engagement of the Transportation
Security Administration, or designee.
``(F) The Assistant Commandant for Response Policy
of the Coast Guard, or designee.
``(G) The Assistant Administrator for the Office of
Solid Waste and Emergency Response of the Environmental
Protection Agency, or designee.
``(H) The Associate Administrator for Hazardous
Materials Safety of the Pipeline and Hazardous
Materials Safety Administration, or designee.
``(I) The Chief Safety Officer and Assistant
Administrator of the Federal Motor Carrier Safety
Administration, or designee.
``(J) Such other qualified individuals as the
Administrator shall appoint as soon as practicable
after the date of the enactment of the RESPONSE Act of
2014 from among the following:
``(i) Members of the National Advisory
Council that have the requisite technical
knowledge and expertise to address rail
emergency response issues, including members
from the following disciplines:
``(I) Emergency management and
emergency response providers, including
fire service, law enforcement,
hazardous materials response, and
emergency medical services.
``(II) State, local, and tribal
government officials with expertise in
preparedness, protection, response,
recovery, and mitigation, including
Adjutants General.
``(III) Elected State, local, and
tribal government executives.
``(IV) Such other individuals as
the Administrator determines to be
appropriate.
``(ii) Individuals who have the requisite
technical knowledge and expertise to serve on
the RESPONSE Subcommittee, including
representatives of--
``(I) the rail industry;
``(II) the oil industry;
``(III) the communications
industry;
``(IV) emergency response
providers, including individuals
nominated by national organizations
representing local governments and
personnel;
``(V) representatives from national
Indian organizations;
``(VI) technical experts; and
``(VII) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for
emergency responder services.
``(iii) Representatives of such other
stakeholders and interested and affected
parties as the Administrator considers
appropriate.
``(3) Chairperson.--The Deputy Administrator for Protection
and National Preparedness shall serve as the Chairperson of the
RESPONSE Subcommittee, or designee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
RESPONSE Subcommittee shall take place not later than
90 days after the date of the enactment of the RESPONSE
Act of 2014.
``(B) Other meetings.--After the initial meeting,
the RESPONSE Subcommittee shall meet at least twice
annually, with at least 1 meeting conducted in person
during the first year, at the call of the Chairperson.
``(5) Consultation with nonmembers.--The RESPONSE
Subcommittee and the program offices for emergency responder
training and resources shall consult with other relevant
agencies and groups, including entities engaged in federally
funded research and academic institutions engaged in relevant
work and research, which are not represented on the RESPONSE
Subcommittee to consider new and developing technologies and
methods that may be beneficial to preparedness and response to
rail incidents.
``(6) Recommendations.--The RESPONSE Subcommittee shall
evaluate the following topics and develop recommendations for
improving emergency responder training and resource allocation
for hazardous materials incidents involving railroads:
``(A) Quality and application of training for local
emergency first responders related to rail hazardous
materials incidents, with a particular focus on local
emergency responders and small communities near
railroads, including the following:
``(i) Ease of access to relevant training
for local emergency first responders, including
an analysis of--
``(I) the number of individuals
being trained;
``(II) the number of individuals
who are applying;
``(III) whether current demand is
being met;
``(IV) current challenges; and
``(V) projected needs.
``(ii) Modernization of course content
related to rail hazardous materials incidents,
with a particular focus on response to the
exponential rise in oil shipments by rail.
``(iii) Training content across agencies
and the private sector to provide complementary
opportunities for rail hazardous materials
incidents courses and materials to avoid
overlap, including the following:
``(I) Overlap of course content
among agencies.
``(II) Integrated course content
through public-private partnerships.
``(III) Regular and ongoing
evaluation of course opportunities,
adaptation to emerging trends, agency
and private sector outreach,
effectiveness and ease of access for
local emergency responders.
``(iv) Online training platforms, train-
the-trainer and mobile training options.
``(B) Effectiveness of funding levels related to
training local emergency responders for rail hazardous
materials incidents, with a particular focus on local
emergency responders and small communities, including
the following:
``(i) Minimizing overlap in resource
allocation among agencies.
``(ii) Minimizing overlap in resource
allocation among agencies and private sector.
``(iii) Maximizing public-private
partnerships where funding gaps exists for
specific training or cost-saving measures can
be implemented to increase training
opportunities.
``(iv) Adaptation of priority settings for
agency funding allocations in response to
emerging trends.
``(v) Historic levels of funding across
agencies and private sector for rail hazardous
materials incidents.
``(vi) Current funding resources across
agencies.
``(C) Strategy for integration of commodity flow
studies, mapping, and access platforms for local
emergency responders and how to increase the rate of
access to the individual responder in existing or
emerging communications technology.
``(D) The need for emergency response plans for
rail, similar to existing law related to maritime and
stationary facility emergency response plans for
hazardous materials, including the following:
``(i) The requirements of such emergency
plans on each train and the format and
availability of such emergency plans to
emergency responders in communities through
which the materials travel.
``(ii) How the industry would implement
such plans.
``(iii) The thresholds that require
emergency plans for each train related to
hazardous materials in its cargo.
``(iv) Gaps in existing regulations across
agencies.
``(E) The need for a rail hazardous materials
incident database, including the following:
``(i) An assessment of the appropriate
entity to host the database.
``(ii) A definition of `rail hazardous
materials incident' that would constitute the
level of reporting from the industry.
``(iii) The projected cost of such a
database and how that database would be
maintained and enforced.
``(F) Increasing access to relevant, useful, and
timely information for the local emergency responder
for training purposes and in the event of a rail
hazardous materials incident, including the following:
``(i) Existing information that the
emergency responder can access, what the
current rate of access and usefulness is for
the emergency responder, and what current
information should remain and what should be
reassessed.
``(ii) Utilization of existing technology
in the hands of the first responder to maximize
delivery of useful and timely information for
training purposes or in the event of an
incident.
``(iii) Assessment of emerging
communications technology that could assist the
emergency responder in the event of an
incident.
``(G) Determination of the most appropriate
agencies and offices for the implementation of the
recommendations, including--
``(i) recommendations that can be
implemented without congressional action and
appropriate time frames for such actions; and
``(ii) recommendations that would require
congressional action.
``(7) Report.--
``(A) In general.--Not later than 1 year after the
date of the enactment of the RESPONSE Act of 2014, the
RESPONSE Subcommittee shall submit a report containing
the recommendations developed under paragraph (6) to
the National Advisory Council.
``(B) Review.--The National Advisory Council shall
take up the RESPONSE Subcommittee's report within 30
days for review and deliberation. The National Advisory
Council may ask for additional clarification, changes,
or other information from the RESPONSE Subcommittee to
assist in the approval of the recommendations.
``(C) Recommendation.--Once the National Advisory
Council approves the recommendations from the RESPONSE
Subcommittee, the National Advisory Council shall
submit the report to--
``(i) the Administrator;
``(ii) the head of each agency represented
on the RESPONSE Subcommittee;
``(iii) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(iv) the Committee on Homeland Security
of the House of Representatives; and
``(v) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(8) Interim activity.--
``(A) Updates and oversight.--After the submission
of the report by the National Advisory Council under
paragraph (7), the Administrator shall--
``(i) provide quarterly updates to the
congressional committees referred to in
paragraph (7) regarding the status of the
implementation of the recommendations developed
under paragraph (6); and
``(ii) coordinate the implementation of the
recommendations described in paragraph
(6)(G)(i).
``(B) Additional reports.--After submitting the
report required under paragraph (7), the RESPONSE
Subcommittee shall submit additional reports and
recommendations in the same manner and to the same
entities identified in paragraph (7) if needed or
requested from Congress or from the Administrator.
``(9) Termination.--
``(A) In general.--Except as provided in
subparagraph (B), the RESPONSE Subcommittee shall
terminate not later than 4 years after the date of the
enactment of the RESPONSE Act of 2014.
``(B) Extension.--The Administrator may extend the
duration of the RESPONSE Subcommittee, in 1-year
increments, if the Administrator determines that
additional reports and recommendations are needed from
the RESPONSE Subcommittee after the termination date
set forth in subparagraph (A).''. | RESPONSE Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee of the National Advisory Council. Directs the Subcommittee to evaluate the following topics and develop recommendations for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads: the quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads; the effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities; a strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology; the need for emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans for hazardous materials; the need for a rail hazardous materials incident database; increasing access to relevant, useful, and timely information for the local emergency responder for training purposes and in the event of a rail hazardous materials incident; and determining the most appropriate agencies and offices for the implementation of the recommendations. Terminates the Subcommittee not later than four years after this Act's enactment, subject to one year extensions. | {"src": "billsum_train", "title": "RESPONSE Act of 2014"} | 2,663 | 322 | 0.622825 | 1.676615 | 0.781852 | 5.819495 | 8.880866 | 0.938628 |
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Medicare Rural
Hospital Amendments of 1993''.
(b) References in Act.--Except as otherwise specifically provided,
whenever in this Act, an amendment is expressed in terms of an
amendment to or repeal of a section or other provision, the reference
shall be considered to be made to that section or other provision of
the Social Security Act.
SEC. 2. ESSENTIAL ACCESS COMMUNITY HOSPITAL (EACH) AMENDMENTS.
(a) Increasing Number of Participating States.--Section 1820(a)(1)
(42 U.S.C. 1395i4(a)(1)) is amended by striking ``7'' and inserting
``9''.
(b) Treatment of Inpatient Hospital Services Provided in Rural
Primary Care Hospitals.--
(1) In general.--Section 1820(f)(1)(F) (42 U.S.C.
1395i4(f)(1)(F)) is amended to read as follows:
``(F) subject to paragraph (4), provides not more
than 6 inpatient beds (meeting such conditions as the
Secretary may establish) for providing inpatient care
to patients requiring stabilization before discharge or
transfer to a hospital, except that the facility may
not provide any inpatient hospital services--
``(i) to any patient whose attending
physician does not certify that the patient may
reasonably be expected to be discharged or
transferred to a hospital within 72 hours of
admission to the facility; or
``(ii) consisting of surgery or any other
service requiring the use of general anesthesia
(other than surgical procedures specified by
the Secretary under section 1833(i)(1)(A)),
unless the attending physician certifies that
the risk associated with transferring the
patient to a hospital for such services
outweighs the benefits of transferring the
patient to a hospital for such services.''.
(2) Limitation on average length of stay.--Section 1820(f)
(42 U.S.C. 1395i4(f)) is amended by adding at the end the
following new paragraph:
``(4) Limitation on average length of inpatient stays.--The
Secretary may terminate a designation of a rural primary care
hospital under paragraph (1) if the Secretary finds that the
average length of stay for inpatients at the facility during
the previous year in which the designation was in effect
exceeded 72 hours. In determining the compliance of a facility
with the requirement of the previous sentence, there shall not
be taken into account periods of stay of inpatients in excess
of 72 hours to the extent such periods exceed 72 hours because
transfer to a hospital is precluded because of inclement
weather or other emergency conditions.''.
(3) Conforming amendment.--Section 1814(a)(8) (42 U.S.C.
1395f(a)(8)) is amended by striking ``such services'' and all
that follows and inserting ``the individual may reasonably be
expected to be discharged or transferred to a hospital within
72 hours after admission to the rural primary care hospital.''.
(4) GAO reports.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General shall submit
reports to Congress on--
(A) the application of the requirements under
section 1820(f) of the Social Security Act (as amended
by this subsection) that rural primary care hospitals
provide inpatient care only to those individuals whose
attending physicians certify may reasonably be expected
to be discharged within 72 hours after admission and
maintain an average length of inpatient stay during a
year that does not exceed 72 hours; and
(B) the extent to which such requirements have
resulted in such hospitals providing inpatient care
beyond their capabilities or have limited the ability
of such hospitals to provide needed services.
(c) Designation of Hospitals.--
(1) Permitting designation of hospitals located in urban
areas.--
(A) In general.--Section 1820 (42 U.S.C. 1395i4) is
amended--
(i) by striking paragraph (1) of subsection
(e) and redesignating paragraphs (2) through
(6) as paragraphs (1) through (5); and
(ii) in subsection (e)(1)(A) (as
redesignated by subparagraph (A))--
(I) by striking ``is located'' and
inserting ``except in the case of a
hospital located in an urban area, is
located'',
(II) by striking ``, (ii)'' and
inserting ``or (ii)'',
(III) by striking ``or (iii)'' and
all that follows through ``section,'',
and
(IV) in subsection (i)(1)(B), by
striking ``paragraph (3)'' and
inserting ``paragraph (2)''.
(B) No change in medicare prospective payment.--
Section 1886(d)(5)(D) (42 U.S.C. 1395ww(d)(5)(D)) is
amended--
(i) in clause (iii)(III), by inserting
``located in a rural area and'' after ``that
is'', and
(ii) in clause (v), by inserting ``located
in a rural area and'' after ``in the case of a
hospital''.
(2) Permitting hospitals located in adjoining states to
participate in state program.--
(A) In general.--Section 1820 (42 U.S.C. 1395i4) is
amended--
(i) by redesignating subsection (k) as
subsection (l); and
(ii) by inserting after subsection (j) the
following new subsection:
``(k) Eligibility of Hospitals Not Located in Participating
States.--Notwithstanding any other provision of this section--
``(1) for purposes of including a hospital or facility as a
member institution of a rural health network, a State may
designate a hospital or facility that is not located in the
State as an essential access community hospital or a rural
primary care hospital if the hospital or facility is located in
an adjoining State and is otherwise eligible for designation as
such a hospital;
``(2) the Secretary may designate a hospital or facility
that is not located in a State receiving a grant under
subsection (a)(1) as an essential access community hospital or
a rural primary care hospital if the hospital or facility is a
member institution of a rural health network of a State
receiving a grant under such subsection; and
``(3) a hospital or facility designated pursuant to this
subsection shall be eligible to receive a grant under
subsection (a)(2).''.
(B) Conforming amendments.--(i) Section 1820(c)(1)
(42 U.S.C. 1395i4(c)(1)) is amended by striking
``paragraph (3)'' and inserting ``paragraph (3) or
subsection (k)''.
(ii) Paragraphs (1)(A) and (2)(A) of section
1820(i) (42 U.S.C. 1395i4(i)) are each amended--
(I) in clause (i), by striking ``(a)(1)''
and inserting ``(a)(1) (except as provided in
subsection (k))'', and
(II) in clause (ii), by striking
``subparagraph (B)'' and inserting
``subparagraph (B) or subsection (k)''.
(d) Skilled Nursing Services in Rural Primary Care Hospitals.--
Section 1820(f)(3) (42 U.S.C. 1395i4(f)(3)) is amended by striking
``because the facility'' and all that follows and inserting the
following: ``because, at the time the facility applies to the State for
designation as a rural primary care hospital, there is in effect an
agreement between the facility and the Secretary under section 1883
under which the facility's inpatient hospital facilities are used for
the furnishing of extended care services, except that the number of
beds used for the furnishing of such services may not exceed the total
number of licensed inpatient beds at the time the facility applies to
the State for such designation (minus the number of inpatient beds used
for providing inpatient care pursuant to paragraph (1)(F)). For
purposes of the previous sentence, the number of beds of the facility
used for the furnishing of extended care services shall not include any
beds of a unit of the facility that is licensed as a distinct-part
skilled nursing facility at the time the facility applies to the State
for designation as a rural primary care hospital.''.
(e) Payment for Outpatient Rural Primary Care Hospital Services.--
Section 1834(g)(1) (42 U.S.C. 1395m(g)(1)) is amended by adding at the
end the following:
``The amount of payment shall be determined under either method
without regard to the amount of the customary or other
charge.''.
(f) Clarification of Physician Staffing Requirement for Rural
Primary Care Hospitals.--Section 1820(f)(1)(H) (42 U.S.C.
1395i4(f)(1)(H)) is amended by striking the period and inserting the
following: ``, except that in determining whether a facility meets the
requirements of this subparagraph, subparagraphs (E) and (F) of that
paragraph shall be applied as if any reference to a `physician' is a
reference to a physician as defined in section 1861(r)(1).''.
(g) Technical Amendments Relating to Part A Deductible,
Coinsurance, and Spell of Illness.--(1) Section 1812(a)(1) (42 U.S.C.
1395d(a)(1)) is amended--
(A) by striking ``inpatient hospital services'' the first
place it appears and inserting ``inpatient hospital services or
inpatient rural primary care hospital services'';
(B) by striking ``inpatient hospital services'' the second
place it appears and inserting ``such services''; and
(C) by striking ``and inpatient rural primary care hospital
services''.
(2) Sections 1813(a) and 1813(b)(3)(A) (42 U.S.C. 1395e(a),
1395e(b)(3)(A)) are each amended by striking ``inpatient hospital
services'' each place it appears and inserting ``inpatient hospital
services or inpatient rural primary care hospital services''.
(3) Section 1813(b)(3)(B) (42 U.S.C. 1395e(b)(3)(B)) is amended by
striking ``inpatient hospital services'' and inserting ``inpatient
hospital services, inpatient rural primary care hospital services''.
(4) Section 1861(a) (42 U.S.C. 1395x(a)) is amended--
(A) in paragraphs (1), by striking ``inpatient hospital
services'' and inserting ``inpatient hospital services,
inpatient rural primary care hospital services''; and
(B) in paragraph (2), by striking ``hospital'' and
inserting ``hospital or rural primary care hospital''.
(h) Authorization of Appropriations.--Section 1820(k) (42 U.S.C.
1395i4(k)) is amended by striking ``1990, 1991, and 1992'' and
inserting ``1990 through 1995''.
(i) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REAUTHORIZATION OF RURAL TRANSITION GRANT PROGRAM.
Section 4005(e)(9) of the Omnibus Budget Reconciliation Act of 1987
is amended--
(1) by striking ``1989 and'' and inserting ``1989,''; and
(2) by striking ``1992'' and inserting ``1992 and
$30,000,000 for each of fiscal years 1993 through 1997''.
SEC. 4. REGIONAL REFERRAL CENTERS.
(a) Extension Through Fiscal Year 1994.--Section 6003(d) of the
Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 1395ww note) is
amended by striking ``October 1, 1992'' and inserting ``October 1,
1994''.
(b) Permitting Hospitals to Decline Reclassification.--If any
hospital fails to qualify as a rural referral center under section
1886(d)(5)(C) of the Social Security Act as a result of a decision by
the Medicare Geographic Classification Review Board under section
1886(d)(10) of such Act to reclassify the hospital as being located in
an urban area for fiscal year 1994, the Secretary of Health and Human
Services shall--
(1) notify such hospital of such failure to qualify,
(2) provide an opportunity for such hospital to decline
such reclassification, and
(3) if the hospital declines such reclassification,
administer the Social Security Act (other than section
1886(d)(8)(D)) for fiscal year 1994 as if the decision by the
Review Board had not occurred.
SEC. 5. MEDICARE-DEPENDENT, SMALL RURAL HOSPITALS.
(a) In General.--Section 1886(d)(5)(G) (42 U.S.C. 1395ww(d)(5)(G))
is amended--
(1) by amending clause (i) to read as follows:
``(i) In the case of a subsection (d) hospital which is a medicare-
dependent, small rural hospital, payment under paragraph (1)(A) for
discharges occurring before October 1, 1994, shall be equal to the sum
of the amount determined under clause (ii) and the amount determined
under paragraph (1)(A)(iii).'';
(2) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv); and
(3) by inserting after clause (i) the following new clause:
``(ii) The amount determined under this clause is--
``(I) for discharges occurring during the first 3 12-month
cost reporting periods that begin on or after April 1, 1990,
the amount by which the hospital's target amount for the cost
reporting period (as defined in subsection (b)(3)(D)) exceeds
the amount determined under paragraph (1)(A)(iii); and
``(II) for discharges occurring during any subsequent cost
reporting period (or portion thereof), 50 percent of the amount
by which the hospital's target amount for the cost reporting
period (as defined in subsection (b)(3)(D)) exceeds the amount
determined under paragraph (1)(A)(iii).''.
(b) Permitting Hospitals to Decline Reclassification.--If any
hospital fails to qualify as a medicare-dependent, small rural hospital
under section 1886(d)(5)(G)(i) of the Social Security Act as a result
of a decision by the Medicare Geographic Classification Review Board
under section 1886(d)(10) of such Act to reclassify the hospital as
being located in an urban area for fiscal year 1994, the Secretary of
Health and Human Services shall--
(1) notify such hospital of such failure to qualify,
(2) provide an opportunity for such hospital to decline
such reclassification, and
(3) if the hospital declines such reclassification,
administer the Social Security Act (other than section
1886(d)(8)(D)) for fiscal year 1994 as if the decision by the
Review Board had not occurred. | Medicare Rural Hospital Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to extend and revise programs to assist rural hospitals under Medicare part A (Hospital Insurance). Authorizes appropriations.
Amends the Omnibus Budget Reconciliation Act of 1987 to reauthorize and extend the rural transition grant program.
Amends the Omnibus Budget Reconciliation Act of 1989 to extend regional referral centers.
Revises Medicare-dependent, small rural hospital provisions under Medicare.
Requires the Secretary of Health and Human Services to provide rural referral centers and Medicare-dependent, small rural hospitals which have been reclassified as urban the opportunity to decline such reclassification. | {"src": "billsum_train", "title": "Medicare Rural Hospital Amendments of 1993"} | 3,563 | 155 | 0.518087 | 1.238332 | 0.64512 | 3.07438 | 24.123967 | 0.842975 |
SECTION 1. INDEMNITY COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES DISCHARGED FOR DEPENDENT ABUSE.
(a) In General.--(1) Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1058. Abused dependents: payment of transitional and indemnity
compensation
``(a) Authority To Pay Compensation.--If a member of the armed
forces is separated from the armed forces as described in subsection
(b), the Secretary of the military department concerned may pay monthly
transitional and indemnity compensation in accordance with this section
to dependents or former dependents of the member as specified in
subsection (d).
``(b) Separations Covered.--(1) This section applies in the case of
a member of the armed forces on active duty for a period of more than
30 days--
``(A) who is convicted of a dependent-abuse offense (as
defined in subsection (c)) and whose conviction results in the
member being--
``(i) administratively discharged with a general
discharge or under other than honorable conditions; or
``(ii) discharged or dismissed from the armed
forces by sentence of a court-martial; or
``(B) against whom court-martial charges were preferred for
a dependent-abuse offense and who is discharged in lieu of
trial by court-martial in that case upon approval of the
member's request or application for discharge or, in the case
of an officer, for resignation.
``(2) For purposes of this section, a member of the armed forces
who is incarcerated by sentence of a court-martial with total
forfeiture of pay and allowances shall be treated as a former member
dismissed or discharged by sentence of a court-martial.
``(c) Dependent-Abuse Offenses.--(1) For purposes of this section,
a dependent-abuse offense is conduct by an individual while a member of
the armed forces on active duty for a period of more than 30 days--
``(A) that involves abuse of the spouse or a dependent
child of the member; and
``(B) that is a criminal offense specified in regulations
prescribed by the Secretary of Defense under paragraph (2).
``(2) The Secretary of Defense shall prescribe by regulation the
criminal offenses, or categories of offenses, under the Uniform Code of
Military Justice (chapter 47 of this title), Federal criminal law, the
criminal laws of the States and other jurisdictions of the United
States, and the laws of other nations that are to be considered to be
dependent-abuse offenses for the purposes of this section.
``(d) Recipients of Payments.--In any case of a separation from
active duty as described in subsection (b) in which the Secretary of
the military department concerned determines that transitional and
indemnity compensation should be paid under this section, the Secretary
shall pay such compensation to dependents or former dependents of the
former member as follows:
``(1) If the former member was married at the time of the
commission of the dependent-abuse offense resulting in the
separation, such compensation shall (except as otherwise
provided in this subsection) be paid to the spouse or former
spouse to whom the member was married at that time.
``(2) If there is a spouse or former spouse who (but for
subsection (g)) would be eligible for compensation under this
section and if there is a dependent child of the former member
who does not reside in the same household as that spouse or
former spouse, such compensation shall be paid to each such
dependent child of the former member who does not reside in
that household.
``(3) If there is no spouse or former spouse who is (or but
for subsection (g) would be) eligible under paragraph (1), such
compensation shall be paid to the dependent children of the
former member.
``(4) For purposes of paragraphs (2) and (3), an
individual's status as a `dependent child' shall be determined
as of the date on which the member is convicted of the
dependent-abuse offense or, in a case described in subsection
(b)(1)(B), as of the date on which the member is discharged.
``(e) Commencement and Duration of Payment.--(1) Payment of
transitional and indemnity compensation under this section shall
commence as of the date of the discontinuance of the member's pay and
allowances pursuant to the separation or sentencing of the member.
``(2) Payment of such compensation shall terminate at the end of
the dependents' transitional period. The dependents' transitional
period is the period (A) beginning on the date on which the member is
convicted of the dependent-abuse offense or, in a case described in
subsection (b)(1)(B), on the date on which the member is discharged,
and (B) ending at the end of the transitional period determined by the
Secretary concerned. Such transitional period may not exceed 36 months,
except that if the length of the member's service on active duty was
less than 36 months, the transitional period may not exceed the length
of such service.
``(f) Amount of Payment.--(1) Payment to a spouse or former spouse
under this section for any month shall be at the rate in effect for
that month for the payment of dependency and indemnity compensation
under section 1311(a)(1) of title 38.
``(2) If a spouse or former spouse to whom compensation is paid
under this section has custody of a dependent child or children of the
member, the amount of such compensation paid for any month shall be
increased for each such dependent child by the amount in effect for
that month under section 1311(b) of title 38.
``(3) If compensation is paid under this section to a child or
children pursuant to subsection (d)(2) or (d)(3), such compensation
shall be paid in equal shares, with the amount of such compensation for
any month determined in accordance with the rates in effect for that
month under section 1313 of title 38.
``(g) Forfeiture Provisions.--(1) If a former spouse receiving
compensation under this section remarries, the Secretary shall
terminate payment of such compensation, effective as of the date of
such marriage. The Secretary may not renew payment of compensation
under this section to such former spouse in the event of the
termination of such subsequent marriage.
``(2) If after the separation of the former member as described in
subsection (b) the former member resides in the same household as the
spouse or former spouse, or dependent child, to whom compensation is
otherwise payable under this section, the Secretary shall terminate
payment of such compensation, effective as of the time the former
member begins residing in such household. Compensation paid for a
period after the former member's separation, but before the former
member resides in the household, shall not be recouped. If the former
member subsequently ceases to reside in such household before the end
of the period of eligibility for such payments, the Secretary may not
resume such payments.
``(3) In a case in which the victim of the dependent-abuse offense
resulting in the separation of the former member was a dependent child,
the Secretary concerned may not pay compensation under this section to
a spouse or former spouse who would otherwise be eligible to receive
such compensation if the Secretary determines (under regulations
prescribed under subsection (i)) that the spouse or former spouse was
an active participant in the conduct constituting the dependent-abuse
offense.
``(h) Coordination of Benefits.--The Secretary concerned may not
make payments to a spouse or former spouse under both this section and
section 1408(h)(1) of this title. In the case of a spouse or former
spouse for whom a court order provides for payments by the Secretary
pursuant to section 1408(h)(1) of this title and to whom the Secretary
offers payments under this section, the spouse or former spouse shall
elect which to receive.
``(i) Regulations.--The Secretary of each military department shall
prescribe regulations to carry out this section with respect to members
of the armed forces under the jurisdiction of that Secretary. Such
regulations shall be as uniform as practicable and shall be subject to
the approval of the Secretary of Defense.
``(j) Dependent Child Defined.--In this section, the term
`dependent child', with respect to a member or former member of the
armed forces separated as described in subsection (b), means an
unmarried child, including an adopted child or a stepchild, who was
residing with the member at the time of the dependent-abuse offense
resulting in the separation of the former member and--
``(1) who is under 18 years of age;
``(2) who is 18 years of age or older and is incapable of
self-support because of a mental or physical incapacity that
existed before the age of 18 and who is (or was at the time of
the former member's separation) dependent on the former member
for over one-half of the child's support; or
``(3) who is 18 years of age or older but less than 23
years of age, is enrolled in a full-time course of study in an
institution of higher learning approved by the Secretary of
Defense and who is (or was at the time of the former member's
separation) dependent on the former member for over one-half of
the child's support.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1056 the
following new item:
``1058. Abused dependents: payment of transitional and indemnity
compensation.''.
(b) Effective Date.--(1) Section 1058 of title 10, United States
Code, as added by subsection (a), shall apply with respect to former
members of the Armed Forces discharged or dismissed as described in
subsection (b) of such section after the date that is three years
before the date of the enactment of this Act.
(2) Notwithstanding paragraph (1), no payment may be made under
such section 1058 with respect to any period before the date of the
enactment of this Act. | Authorizes the Secretary of the military department concerned to pay monthly transitional and indemnity compensation to the dependents or former dependents of a member of the armed forces who is separated from service after conviction for an offense involving the abuse of one of those dependents (including such member's spouse). Outlines provisions concerning: (1) appropriate payment recipients; (2) payment commencement, duration and amount; and (3) forfeiture of the right to such payments (i.e., the remarriage of a former spouse, or a dependent child reaching 18 years of age). | {"src": "billsum_train", "title": "To amend title 10, United States Code, to authorize the Secretaries of the military departments to provide temporary transitional and indemnity compensation payments to the dependents of a member of the Armed Forces who is separated from the Armed Forces following conviction for an offense involving the abuse of one of those dependents, and for other purposes."} | 2,239 | 124 | 0.597516 | 1.702995 | 0.604441 | 2.568807 | 19.559633 | 0.880734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hudson River Valley Special Resource
Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area''--
(A) means the portion of the Hudson River that
flows from Rodgers Island at Fort Edward to the
southern-most boundary of Westchester County, New York;
and
(B) includes any relevant sites and landscapes
within the counties in New York that abut the area
described in subparagraph (A).
SEC. 3. FINDINGS.
Congress finds as follows:
(1) The Hudson River Valley possesses important and unique
cultural, historical, natural, recreational and scenic
resources that have been central to the development and
sustainment of our Nation.
(2) The Hudson River Valley encompasses a rich array of
sensitive natural resources ranging from the River itself and
its vast estuarine district, to its wetlands, refuges, parks,
forests, farmlands, preserves, cliffs, mountains, and valleys.
(3) The Hudson River and its tributaries are home to a
number of rare and threatened animal species, habitats, and
plants.
(4) The Hudson River Valley is home to myriad biking,
heritage, pedestrian and scenic trail systems on the eastern
and western sides of the River that are now connected by the
Walkway Over the Hudson bridge, which has been designated as a
National Recreation Trail.
(5) Throughout history, the Hudson River Valley has played
a central role in the development of our nation, starting from
the vibrant Native American communities that first inhabited
the land, to Henry Hudson's voyage up the river later named for
him in the vessel Half Moon in 1609 and later with the American
Revolution, the debate on our Constitution, the first
successful steamboat voyage by Robert Fulton in 1807, the
Industrial Revolution, and the modern labor and environmental
movements.
(6) The Hudson River Valley gave birth to important
movements in American art, architecture and literature through
the work of Andrew Jackson Downing, Alexander Jackson Davis,
Thomas Cole, Frederick Church and their associates from the
Hudson River School of Art, as well as through authors such as
Washington Irving, James Fenimore Cooper, William Cullen
Bryant, Susan and Anna Warner, and John Burroughs.
(7) The depictions and descriptions of the Hudson River
Valley's renowned scenery and natural resources played a
central role in the recognition of the value of the landscape
and the development of an American esthetic and environmental
ideal.
(8) A 1996 National Park Service study called the Hudson
River Valley ``the landscape that defined America.''.
(9) The Hudson River Valley has been the subject of
multiple State and Federal inventories, studies, and plans that
should greatly assist a National Park Service special resource
study.
SEC. 4. AUTHORIZATION OF STUDY.
(a) In General.--As soon as funds are made available for this
purpose, the Secretary shall complete a study of the Hudson River
Valley in the State of New York to evaluate--
(1) the national significance of the area; and
(2) the suitability and feasibility of designating the area
as a unit of the National Park System.
(b) Study Guidelines.--In conducting the study under subsection
(a), the Secretary shall--
(1) use the criteria for the study of areas for potential
inclusion in the National Park System included in section 8 of
Public Law 91-383, as amended by section 303 of the National
Parks Omnibus Management Act of 1998 (Public Law 105-391; 112
Stat. 3501); and
(2) closely examine park unit models, in particular
national river and recreation areas, as well as other landscape
protection models, that--
(A) encompass large areas of non-Federal lands
within their designated boundaries;
(B) foster public and private collaborative
arrangements for achieving National Park Service
objectives; and
(C) protect and respect the rights of private land
owners.
SEC. 5. REPORT.
Not later than 24 months after the date that funds are first made
available for this purpose, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report on the
findings, conclusions, and recommendations of the study authorized by
this Act. | Hudson River Valley Special Resource Study Act - Directs the Secretary of the Interior to complete a study of the Hudson River Valley in the state of New York to evaluate: (1) the national significance of the part of the Hudson River that flows from Rodgers Island at Fort Edward to the southern-most boundary of Westchester County, New York, including any relevant sites and landscapes within counties in New York that abut that part of the River (the study area); and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to conduct a special resource study to evaluate resources in the Hudson River Valley in the State of New York to determine the suitability and feasibility of establishing the site as a unit of the National Park System, and for other purposes."} | 945 | 120 | 0.53323 | 1.5685 | 0.583543 | 6.241071 | 8.285714 | 0.955357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Peace Dividend
Investment Act''.
SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.
(a) In general.--Title VI of the Congressional Budget Act of 1974
(as amended by the Budget Enforcement Act of 1990) is amended by adding
after section 606 the following new section:
``SEC. 606A. DETERMINATION OF PEACE DIVIDEND.
``(a) Fiscal Year 1993.--
``(1) In general.--If pursuant to section 251(a)(7) of the
Balanced Budget and Emergency Deficit Control Act of 1985
outlays in the defense category for fiscal year 1993 are
estimated to be below the discretionary spending limit for such
outlays, the difference shall be used to reduce the deficit and
to increase the personal income tax exemption as provided in
subsection (c).
``(2) Adjustment to discretionary spending limits.--If
outlays for the defense category in fiscal year 1993 are
estimated to be below the discretionary spending limit for such
outlays, the discretionary spending limits calculated pursuant
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be adjusted for the difference.
``(b) Fiscal Years 1994 and Thereafter.--
``(1) In general.--If outlays in the defense category as
defined in section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 for each fiscal year
beginning with fiscal year 1994 are below the defense baseline
for such fiscal year as determined under paragraph (3), the
difference shall be used to reduce the deficit and increase the
personal exemption as provided in subsection (c).
``(2) Adjustment to discretionary spending limits.--For
fiscal year 1994 or 1995 if the defense category outlays for
such fiscal year are estimated to be below the defense baseline
for such fiscal year, the discretionary spending limits shall
be adjusted by the difference.
``(3) Baseline.--(A) For fiscal year 1994 or 1995, the
applicable baseline for defense outlays shall be the total
estimated discretionary outlays for the fiscal year multiplied
by the ratio of the final defense outlay cap for fiscal year
1993 divided by the final total discretionary cap for fiscal
year 1993.
``(4) Fiscal year 1996 and thereafter.--Beginning with
fiscal year 1996 and each fiscal year thereafter, the
applicable defense outlay baseline shall be the Congressional
Budget Office baseline inflator multiplied by the defense
outlay level for the previous fiscal year.
``(c) Allocation of Adjustments.--The adjustments in the
discretionary spending limits for outlays described in subsections (a)
and (b) shall be allocated in the following manner:
``(1) Deficit reduction.--The maximum deficit amount
calculated pursuant to section 253 of the Balanced Budget and
Emergency Deficit Control Act of 1985 for any of fiscal years
1993 through 1995 shall be reduced by an amount equal to the
change in the estimated deficit resulting from such reduced
outlays and the reduction in revenue described in paragraph
(2).
``(2) Personal exemption.--The Secretary of the Treasury
shall increase the personal exemption amount for individuals as
determined under section 151 of the Internal Revenue Code of
1986 by an amount estimated to reduce receipts in the calendar
year beginning during such fiscal year by an amount equal to
one-half of the difference (peace dividend) described in
subsections (a) or (b) with respect to defense outlays for that
fiscal year.
``(d) Permitting of Peace Dividend Investment.--Legislation
affecting receipts as a result of the requirements of section (c)(2)
shall not be considered legislation that increases the deficit for
purposes of section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(e) Point of Order.--
``(1) It shall not be in order in the Senate to consider
any bill, resolution, amendment, or conference report that
would reduce defense spending below the spending limit for the
defense category as defined in section 250(c)(4) of the
Balanced Budget and Emergency Deficit Control Act of 1985 if
such bill, resolution, amendment, or conference report does not
allocate the total amount of reduced new budget authority or
outlays between deficit reduction and increases in the personal
income tax exemption as provided in this section.
``(2) For purposes of this subsection, the levels of
defense spending for a fiscal year shall be determined on the
basis of estimates made by the Committee on the Budget.''.
(b) Point of Order.--The last sentence of section 904(d) of the
Congressional Budget Act of 1974 (as amended by the Budget Enforcement
Act of 1990) is amended by striking ``and 606(c)'' and inserting
``606(c), and 606A''. | Ronald Reagan Peace Dividend Investment Act - Amends the Congressional Budget Act of 1974 to provide for a reduction in the deficit and an increase in the personal income tax exemption when outlays in the defense category for FY 1993 or 1994 are estimated to be below the discretionary spending limit for such outlays. Requires an adjustment in such spending limits under such circumstances.
Prohibits Senate consideration of legislation that would reduce defense spending below the spending limit for the defense category if such legislation does not allocate the total amount of reduced new budget authority or outlays between deficit reduction and increases in the personal income tax exemption. | {"src": "billsum_train", "title": "Ronald Reagan Peace Dividend Investment Act"} | 1,061 | 130 | 0.682424 | 1.73448 | 0.697981 | 4.903509 | 8.473684 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Protection Not Troll
Protection Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that the resources of the
United States International Trade Commission are focused on protecting
genuine domestic industries, to restore confidence with the trading
partners of the United States that the Commission will not be a
duplicative forum for enforcing intellectual property rights when
United States district courts are already available, and to safeguard
the public health and welfare and the United States economy (including
competitive conditions).
SEC. 3. UNFAIR PRACTICES IN IMPORT TRADE.
(a) In General.--Section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) is amended as follows:
(1) Subsection (a) is amended--
(A) in paragraph (3)--
(i) by striking ``or'' at the end of
subparagraph (B);
(ii) in subparagraph (C), by striking
``engineering, research and development, or
licensing.'' and inserting ``engineering and
research and development; or''; and
(iii) by adding after subparagraph (C) the
following:
``(D) substantial investment in licensing activities that
leads to the adoption and development of articles that
incorporate the patent, copyright, trademark, mask work, or
design.'';
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) For purposes of paragraph (3), the complainant may not rely
upon activities by its licensees unless the license leads to the
adoption and development of articles that incorporate the claimed
patent, copyright, trademark, mask work, or design for sale in the
United States.''.
(2) Subsection (b) is amended--
(A) in paragraph (1), by inserting after the first
sentence the following: ``For a complaint under oath, a
person may be relied upon to qualify as an industry
under subsection (a)(2) only if the person joins the
complaint under oath, except that nothing in this
sentence shall be construed to compel such a person to
join the complaint.''; and
(B) by adding at the end the following:
``(4)(A) The Commission shall identify, at the beginning of an
investigation, whether the investigation presents a dispositive issue
appropriate for an expedited fact finding and an abbreviated hearing
limited to that issue, and shall direct the assigned administrative law
judge to rule on such issue early in the investigation. The Commission,
in its notice of instituting the investigation, shall set out specific
timeframes for such expedited fact finding and hearing.
``(B) If the Commission identifies a domestic industry as the
dispositive issue in question, the Commission shall direct the assigned
administrative law judge to expedite fact finding in the investigation
on the domestic industry requirement, including an early evidentiary
hearing, and to issue an initial determination on this matter within
100 days after the investigation is instituted.
``(C) Any initial determination by the assigned administrative law
judge under subparagraph (A) or (B) shall stay the investigation
pending Commission action.''.
(3) Subsection (c) is amended--
(A) by striking the first sentence and inserting
the following: ``(1) The Commission shall determine,
with respect to each investigation conducted by it
under this section, whether or not there is a violation
of this section, except that the Commission--
``(A) may, by issuing a consent order or on the basis of an
agreement between the private parties to the investigation,
including an agreement to present the matter for arbitration,
terminate any such investigation, in whole or in part, without
making such a determination; or
``(B) may determine during the course of the investigation
that the exclusion of the articles under investigation would
not be in the interest of the public, after considering the
nature of the articles concerned and the effect of such
exclusion upon the public health and welfare, the United States
economy (including competitive conditions), the production of
like or directly competitive articles by the complainant and
its licensees, United States consumers, and any other relevant
considerations, and terminate any such investigation, in whole
or in part, without making any further determination.'';
(B) in the second sentence, by striking ``Each
determination'' and inserting the following:
``(2) Each determination'';
(C) by inserting after ``the Federal Circuit for
review in accordance with chapter 7 of title 5, United
States Code.'' the following: ``In addition, any person
adversely affected by a ruling of the Commission under
subsection (b)(4) may appeal such ruling, within 60
days after all administrative remedies are exhausted,
to the United States Court of Appeals for the Federal
Circuit for review in accordance with chapter 7 of
title 5, United States Code. In the event that the
Commission's ruling is appealed under this subsection
and upon motion by the adversely affected party, the
Commission shall stay all further proceedings in the
investigation until all appeals are final.'';
(D) by striking ``its findings on the public health
and welfare, competitive conditions in the United
States economy,'' and inserting ``its findings on the
public health and welfare, the United States economy
(including competitive conditions),''; and
(E) by inserting ``by the complainant and its
licensees'' after ``the production of like or directly
competitive articles''.
(4) Subsection (d)(1) is amended by striking the first
sentence and inserting the following: ``If the Commission
determines, as a result of an investigation under this section,
that there is a violation of this section and that exclusion of
the articles concerned would be in the interest of the public,
after considering the nature of the articles concerned and the
effect of such exclusion upon the public health and welfare,
the United States economy (including competitive conditions),
the production of like or directly competitive articles by the
complainant and its licensees, United States consumers, and any
other relevant considerations, the Commission shall direct that
the articles concerned that are imported by any person
violating the provision of this section be excluded from entry
into the United States.''.
(5) Subsection (e)(1) is amended by striking the first
sentence and inserting the following: ``If, during the course
of an investigation under this section, the Commission
determines that there is reason to believe that there is a
violation of this section and that exclusion of the articles
concerned would be in the interest of the public, the
Commission may direct that the articles concerned that are
imported by any person with respect to whom there is reason to
believe that such person is violating this section be excluded
from entry into the United States, after considering the nature
of the articles concerned and the effect of such exclusion upon
the public health and welfare, the United States economy
(including competitive conditions), the production of like or
directly competitive articles by the complainant and its
licensees, United States consumers, and any other relevant
considerations.''.
(6) Subsection (f)(1) is amended by striking the first
sentence and inserting the following: ``In addition to, or in
lieu of, taking action under subsection (d) or (e), the
Commission may issue and cause to be served on any person
violating this section, or believed to be violating this
section, as the case may be, an order directing such person to
cease and desist from engaging in the unfair methods or acts
involved, after considering the nature of the articles
concerned and the effect of such exclusion upon the public
health and welfare, the United States economy (including
competitive conditions), the production of like or directly
competitive articles by the complainant and its licensee,
United States consumers, and any other relevant
considerations.''.
(7) Subsection (g)(1) is amended by amending the matter
following subparagraph (E) to read as follows:
``the Commission shall presume the facts alleged in the complaint to be
true and shall, upon request, issue an exclusion from entry or a cease
and desist order, or both, limited to that person, after considering
the nature of the articles concerned and the effect of such exclusion
upon the public health and welfare, the United States economy
(including competitive conditions), the production of like or directly
competitive articles by the complainant and its licensees, United
States consumers, and any other relevant considerations.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to complaints filed under section 337 of the Tariff Act of 1930
on or after the date of the enactment of this Act. | Trade Protection Not Troll Protection Act This bill amends the Tariff Act of 1930, with respect to unfair practices in the import trade, to consider an industry in the United States to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. If the U.S. International Trade Commission (ITC), at the beginning of an investigation of an alleged unfair practice, identifies a domestic industry as the dispositive issue in question, it shall direct the assigned administrative law judge (ALJ) to: expedite fact finding on the domestic industry requirement, and issue an initial determination on this matter within 100 days after the investigation begins. Any initial determination by the assigned ALJ shall stay the investigation pending ITC action. The ITC may determine during an investigation that exclusion of the articles concerned from entry into the United States would not be in the public interest, and terminate the investigation, in whole or in part, without any further determination, after considering the nature of the articles concerned and the effect of exclusion upon: the public health and welfare, the U.S. economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, and U.S. consumers. Any person adversely affected by an ITC ruling that identifies a domestic industry as the dispositive issue in question may appeal that ruling, within 60 days after all administrative remedies are exhausted, to the U.S. Court of Appeals for the Federal Circuit. ITC discretion not to exclude any articles concerned, even though an importer has violated the ban on unfair competition, is repealed. If the ITC also determines that exclusion would be in the public interest, it shall direct exclusion of the articles. During an investigation, if the ITC determines there is reason to believe that an unfair import practice has occurred, and exclusion of the articles concerned would be in the public interest, the ITC may direct the exclusion the articles concerned, after considering the factors mentioned above. (Currently the ITC may not direct an exclusion until an investigation concludes and it determines, as a result of the investigation, that an unfair import trade practice has occurred.) | {"src": "billsum_train", "title": "Trade Protection Not Troll Protection Act"} | 1,891 | 487 | 0.547574 | 2.000688 | 0.714402 | 3.934884 | 4.327907 | 0.888372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Investment and Savings
Equity Act of 1997''.
SEC. 2. INDIVIDUAL'S ELIGIBILITY FOR DEDUCTIBLE IRA NOT DETERMINED BY
REFERENCE TO SPOUSE'S PARTICIPATION IN PENSION PLAN.
(a) In General.--Section 219(g)(1) of the Internal Revenue Code of
1986 (relating to limitation on deduction for active participants in
certain pension plans) is amended by striking ``or the individual's
spouse''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.
SEC. 3. INDIVIDUALS MAY MAKE CONTRIBUTIONS FOR PERIODS OF MATERNITY OR
PATERNITY LEAVE.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following:
``(v) Right To Make Contributions With Respect to Periods of
Maternity and Paternity Leave.--
``(1) In general.--For purposes of this title--
``(A) a trust which forms part of a plan shall not
constitute a qualified trust under section 401(a),
``(B) a plan shall not be treated as described in
section 403(b),
``(C) a plan shall not be treated as an eligible
deferred compensation plan under section 457, and
``(D) an arrangement shall not be treated as
meeting the requirements of section 408 (k) or (p),
unless such plan or arrangement permits participants who were
on eligible maternity or paternity leave to make additional
elective deferrals under the plan or arrangement with respect
to periods of such leave.
``(2) Treatment of contributions.--
``(A) In general.--In the case of any contribution
to a plan under paragraph (1) (and any employer
matching contribution with respect thereto)--
``(i) such contribution shall not, with
respect to the year in which the contribution
is made--
``(I) be subject to any otherwise
applicable limitation contained in
section 402(g), 402(h), 403(b), 404(a),
404(h), 408, 415, or 457, or
``(II) be taken into account in
applying such limitations to other
contributions or benefits under such
plan or any other such plan,
``(ii) such contribution shall be subject
to the limitations referred to in clause (i)
with respect to the year to which the
contribution relates (in accordance with rules
prescribed by the Secretary), and
``(iii) except as provided in subparagraph
(B)(i), such plan shall not be treated as
failing to meet the requirements of section
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11),
401(k)(12), 401(m), 403(b)(12), 408(k), 408(p),
410(b), or 416 by reason of the making of (or
the right to make) such contribution.
``(B) Matching contributions.--Nothing in
subparagraph (A) shall require an employer to make any
matching contribution with respect to any additional
elective deferrals under paragraph (1), but if the
employer elects to make any such matching
contribution--
``(i) the requirements of section 401(a)(4)
shall be applied separately to all such
matching contributions made during a year, and
``(ii) the amount of any such matching
contribution may not exceed the maximum amount
which could have been made under the plan had
the elective deferral actually been made during
the period of eligible maternity and paternity
leave.
``(3) Amount and timing of elective deferrals.--A plan
shall not be treated as meeting the requirements of paragraph
(1) unless the plan provides the following:
``(A) Amount.--The amount of any elective deferral
under paragraph (1) which any employee is permitted to
make with respect to any period of eligible maternity
and paternity leave shall not exceed the maximum amount
of the elective deferrals that the employee would have
been permitted to make during such period in accordance
with the limitation referred to in paragraph (2)(A)(i)
if the individual--
``(i) had not been on eligible maternity
and paternity leave during such period, and
``(ii) had received compensation in an
amount determined under rules similar to the
rules under subsection (u)(7).
Proper adjustment shall be made to the amount
determined under the preceding sentence for any
elective deferrals actually made during such period.
``(B) Timing.--An employee may make an elective
deferral to which paragraph (1) applies at any time
during the 3-year period beginning on the date on which
the eligible maternity or paternity leave ends. Any
matching contribution with respect to any such elective
deferral shall be made not later than the due date
(including extensions) for the filing of the employer's
return for the taxable year in which such elective
deferral is made.
``(4) Eligible maternity and paternity leave.--For purposes
of this subsection--
``(A) In general.--The term `eligible maternity or
paternity leave' means any absence of an individual
from work for any period--
``(i) by reason of the pregnancy of the
individual,
``(ii) by reason of the birth of a child of
the individual,
``(iii) by reason of the placement of a
child with the individual in connection with
the adoption of the child by the individual, or
``(iv) for purposes of caring for such
child for a period beginning immediately
following such birth or placement.
``(B) Limitation.--Such period may not exceed 12
months with respect to any child.
``(5) Other definitions and rules.--For purposes of this
subsection--
``(A) Elective deferral.--The term `elective
deferral' has the meaning given such term by subsection
(u)(2)(C). Such term shall also include any after-tax
employee contributions described in subsection
(u)(2)(D).
``(B) Plan.--The term `plan' includes any
arrangement under section 408 (k) or (p).
``(C) Certain retroactive adjustments not
required.--For purposes of this subchapter and
subchapter E, the rules of subsection (u)(3) shall
apply.
``(D) Loan repayment suspensions permitted.--In the
case of any plan or arrangement to which paragraph (1)
applies, the rules of subsection (u)(4) shall apply to
any loan repayment suspension during any period of
eligible maternity and paternity leave.''
(b) Effective Date.--The amendment made by this section shall apply
to periods of eligible maternity and paternity leave beginning after
December 31, 1997.
SEC. 4. CATCHUP CONTRIBUTIONS FOR FAMILIES WITH CHILDREN NOT COVERED BY
A PENSION PLAN.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
(relating to definitions and special rules), as amended by section 3,
is amended by adding at the end the following:
``(w) Catchup Contributions for Families With Children Not Covered
by a Pension Plan.--
``(1) In general.--For purposes of this title--
``(A) a trust which forms part of a plan shall not
constitute a qualified trust under section 401(a),
``(B) a plan shall not be treated as described in
section 403(b),
``(C) a plan shall not be treated as an eligible
deferred compensation plan under section 457, and
``(D) an arrangement shall not be treated as
meeting requirements of section 408 (k) or (p),
unless such plan or arrangement permits eligible participants
to make additional elective deferrals under the plan or
arrangement in accordance with paragraph (2).
``(2) Catchup contributions.--
``(A) In general.--A plan shall permit an eligible
participant to make the additional elective deferrals
under paragraph (1) in any year which is certified as a
catchup year by the participant under subparagraph (E).
``(B) Limitation on amount of additional
deferrals.--A plan shall not permit additional elective
deferrals under paragraph (1) for any year in an amount
greater than the lesser of--
``(i) the amount of the elective deferrals
the participant may otherwise make under the
plan for such year (determined without regard
to this subsection, subsection (u), or any
limitation described in subparagraph (C)(i)),
or
``(ii) the excess (if any) of--
``(I) 120 percent of the dollar
limitation in effect under section
402(g), 408(p), or 457(b)(2)(A),
whichever is applicable, for taxable
years beginning in the calendar year in
which the plan year begins, over
``(II) any other elective deferrals
of the participant for such year which
are made without regard to this
subsection.
``(C) Treatment of contributions.--In the case of
any contribution to a plan under paragraph (1) (and any
employer matching contribution with respect thereto)--
``(i) such contribution shall not, with
respect to the year in which the contribution
is made--
``(I) be subject to any otherwise
applicable limitation contained in
section 402(g), 402(h), 403(b), 404(a),
404(h), 408, 415, or 457, or
``(II) be taken into account in
applying such limitations to other
contributions or benefits under such
plan or any other such plan, and
``(ii) except as provided in subparagraph
(D)(i), such plan shall not be treated as
failing to meet the requirements of section
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11),
401(k)(12), 401(m), 403(b)(12), 408(k), 408(p),
410(b), or 416 by reason of the making of (or
the right to make) such contribution.
``(D) Matching contributions.--Nothing in
subparagraph (A) shall require an employer to make any
matching contribution with respect to any additional
elective deferrals under paragraph (1) for any year,
but if the employer elects to make any such matching
contribution--
``(i) the requirements of section 401(a)(4)
shall be applied separately to all such
matching contributions made during a year, and
``(ii) the amount of any such matching
contribution may not exceed the maximum amount
which could have been made under the terms of
the plan in effect for elective deferrals made
for such year without regard to this
subsection.
``(E) Certification of catchup years.--
``(i) In general.--A participant making
additional elective deferrals under paragraph
(1) for any year shall certify to the plan
administrator that--
``(I) the participant is an
eligible participant, and
``(II) the year is a catchup year.
``(ii) Catchup year.--An eligible
participant may certify 1 or more years as
catchup years, except that the total number of
years which may be certified shall not exceed
the excess (if any) of--
``(I) the number of years (not in
excess of 18) described in paragraph
(3) occurring before the year in
question, over
``(II) the number of years
previously certified by the participant
under this subsection.
``(iii) Plans not responsible for
certification failures.--A plan shall not be
treated as failing to meet the requirements of
this subsection by reason of reliance on an
incorrect certification under this subparagraph
unless the plan administrator knew, or
reasonably should have known, that the
certification was incorrect.
``(3) Eligible participant.--For purposes of this
subsection, the term `eligible participant' means, with respect
to any year, a participant in a plan who, for any calendar year
before the calendar year in which the year begins--
``(A) was not an active participant (within the
meaning of section 219(g)(5)) for any plan year
beginning in the calendar year, and
``(B) had a child or stepchild who had not attained
age 18 with respect to whom a deduction was allowed
under section 151 to the participant (or the
participant's spouse) for a taxable year beginning in
the calendar year.
``(4) Other definitions and rules.--For purposes of this
subsection--
``(A) Elective deferral.--The term `elective
deferral' has the meaning given such term by subsection
(u)(2)(C). Such term shall also include after-tax
employee contributions described in subsection
(u)(2)(D).
``(B) Plan.--The term `plan' includes any
arrangement under section 408 (k) or (p).
``(C) Certain retroactive adjustments not
required.--For purposes of this subchapter and
subchapter E, the rules of subsection (u)(3) shall
apply.''
(b) Effective Date.--The amendment made by this section shall apply
to contributions in taxable years beginning after December 31, 1997. | Women's Investment and Savings Equity Act of 1997 - Amends the Internal Revenue Code with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in a plan is not treated as participation by the individual's spouse.
Permits retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave.
Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions." | {"src": "billsum_train", "title": "Women's Investment and Savings Equity Act of 1997"} | 3,078 | 120 | 0.548598 | 1.415584 | 0.548745 | 2.175258 | 27.783505 | 0.876289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2013''.
SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY
OF LAW ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (c)(1) in which a State receives funds
for a program referred to in subsection (c)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to
guidelines established by the Attorney General, information regarding
the death of any person who is detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp prison, boot camp prison that is contracted out by the State,
any State or local contract facility, or other local or State
correctional facility (including any juvenile facility).
(b) Information Required.--The report required by this section
shall contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or was
in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding the
death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than 120
days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 120 days
to a State that is making good faith efforts to comply with
such subsection; and
(B) the Attorney General shall waive the requirements of
subsection (a) if compliance with such subsection by a State
would be unconstitutional under the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State that
fails to comply with subsection (a), shall, at the discretion of
the Attorney General, be subject to not more than a 10-percent
reduction of the funds that would otherwise be allocated for that
fiscal year to the State under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3750 et seq.), whether characterized as the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs, the Local
Government Law Enforcement Block Grants Program, the Edward Byrne
Memorial Justice Assistance Grant Program, or otherwise.
(d) Reallocation.--Amounts not allocated under a program referred
to in subsection (c)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(e) Definitions.--In this section the terms ``boot camp prison''
and ``State'' have the meaning given those terms, respectively, in
section 901(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
(f) Study and Report of Information Relating to Deaths in
Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and section
3(a) to--
(A) determine means by which such information can be used
to reduce the number of such deaths; and
(B) examine the relationship, if any, between the number of
such deaths and the actions of management of such jails,
prisons, and other specified facilities relating to such
deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the study
required by paragraph (1).
SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT.
(a) In General.--For each fiscal year (beginning after the date
that is 120 days after the date of the enactment of this Act), the head
of each Federal law enforcement agency shall submit to the Attorney
General a report (in such form and manner specified by the Attorney
General) that contains information regarding the death of any person
who is--
(1) detained, under arrest, or is in the process of being
arrested by any officer of such Federal law enforcement agency (or
by any State or local law enforcement officer while participating
in and for purposes of a Federal law enforcement operation, task
force, or any other Federal law enforcement capacity carried out by
such Federal law enforcement agency); or
(2) en route to be incarcerated or detained, or is incarcerated
or detained at--
(A) any facility (including any immigration or juvenile
facility) pursuant to a contract with such Federal law
enforcement agency;
(B) any State or local government facility used by such
Federal law enforcement agency; or
(C) any Federal correctional facility or Federal pre-trial
detention facility located within the United States.
(b) Information Required.--Each report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study and Report.--Information reported under subsection (a)
shall be analyzed and included in the study and report required by
section 2(f).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . Death in Custody Reporting Act of 2013 - Requires states that receive allocations under specified provisions of the Omnibus Crime Control and Safe Streets Act of 1968, whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise, to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Imposes penalties on states that fail to comply with such reporting requirements..Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency.Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths. | {"src": "billsum_train", "title": "Death in Custody Reporting Act of 2013"} | 1,251 | 306 | 0.617324 | 1.828301 | 0.698603 | 4.913725 | 4.454902 | 0.929412 |
SECTION 1. AMENDMENTS.
The Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)
is amended--
(1) by amending section 2(9) to read as follows:
``(9) Because Landsat data are particularly important for
global environmental change research, the program should be
managed by an integrated team consisting of the National
Aeronautics and Space Administration and the National Oceanic
and Atmospheric Administration and coordinated by the Office of
Science and Technology Policy.'';
(2) in sections 3(6)(A), 101 (a) and (b), 103(b), and 504,
by striking ``Secretary of Defense'' and inserting in lieu
thereof ``Secretary'';
(3) in section 3(6)(B), by striking ``Department of
Defense'' and inserting in lieu thereof ``Department of
Commerce'';
(4) in section 101(b)(1), by striking ``, with the addition
of a tracking and data relay satellite communications
capability'';
(5) in section 101(b)(2), by striking all after ``baseline
funding profile'' and inserting in lieu thereof ``for the
development and operational life of Landsat 7 that is mutually
acceptable to the agencies constituting the Landsat Program
Management;'';
(6) in section 101(b), by inserting after paragraph (4) the
following:
``The Director of the Office of Science and Technology Policy shall, no
later than October 1, 1994, transmit the management plan to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.'';
(7) in sections 101(c)(3), 202(b)(1), 501(a), and
502(c)(7), by striking ``section 506'' and inserting in lieu
thereof ``section 507'';
(8) in section 102(b)(1), by striking ``by the expected end
of the design life of Landsat 6'' and inserting in lieu thereof
``by the predicted end of life of Landsat 5, or as soon as
practicable thereafter'';
(9) in section 103(a), by striking ``section 105'' and
inserting in lieu thereof ``section 104'';
(10) by striking section 104 and redesignating section 105
as section 104;
(11) in section 201(c)--
(A) by striking ``120 days'' and inserting in lieu
thereof ``90 days''; and
(B) by amending the second sentence thereof to read
as follows: ``If the Secretary determines that the
license requested by the applicant should not be
issued, the Secretary shall inform the applicant within
such 90-day period of the reasons for such
determination and the specific actions required of the
applicant to obtain a license.'';
(12) in section 202(b)(6), by inserting ``, other than for
the sale of data generated by the system in accordance with the
license, that'' after ``of any agreement'';
(13) in section 204, by striking ``may'' and inserting in
lieu thereof ``shall'';
(14) by inserting at the end of title II the following new
section:
``SEC. 206. NOTIFICATION.
``(a) Limitations on Licensee.--Within 30 days after any
determination by the Secretary to require a licensee to limit
collection or distribution of data from a system licensed pursuant to
this title, the Secretary shall report to the Congress the reasons for
such determination, the limitations imposed on the licensee, and the
period during which such limitations apply.
``(b) Termination, Modification, or Suspension.--Within 30 days
after any action by the Secretary to seek an order of injunction or
other judicial determination to terminate, modify, or suspend a license
pursuant to section 203(a)(2), the Secretary shall notify the Congress
of such action and provide the reasons for such action.'';
(15) in section 302--
(A) by striking ``(a) General Rule.--''; and
(B) by striking subsection (b);
(16) in section 506, by adding at the end the following new
subsection:
``(e) Fees.--(1) The Federal Communications Commission shall ensure
that any licensing or other fees that a person described in paragraph
(2) is required to pay to such Commission shall be proportional to the
cost to the Commission of the radio licensing process for such person
relative to the cost to the Commission of licensing other entities
subject to the fee. In no event shall such a fee be required in an
amount greater than $5,000 per ground station.
``(2) A person referred to in paragraph (1) is a private remote
sensing space system operator subject to the licensing requirements of
title II.''; and
(17) in section 507, by striking subsection (a) and
subsection (b)(1) and inserting in lieu thereof the following:
``(a) Responsibility of Secretary of Defense.--The Secretary shall
consult with the Secretary of Defense on all matters under this Act
affecting national security. Within 30 days after receiving a request
from the Secretary, the Secretary of Defense shall recommend any
conditions for a license issued under title II, consistent with this
Act, that the Secretary of Defense determines are needed to protect the
national security of the United States. If no such recommendations have
been received by the Secretary within such 30-day period, the Secretary
may deem activities proposed in the license application to be
consistent with the protection of the national security of the United
States.
``(b) Responsibility of Secretary of State.--(1) The Secretary
shall consult with the Secretary of State on all matters under this Act
affecting international obligations of the United States. Within 30
days after receiving a request from the Secretary, the Secretary of
State shall recommend any conditions for a license issued under title
II, consistent with this Act, that the Secretary of State determines
are needed to meet existing international obligations of the United
States. If no such recommendations have been received by the Secretary
within such 30-day period, the Secretary may deem activities proposed
in the license application to be consistent with existing international
obligations of the United States.''. | Amends the Land Remote Sensing Policy Act of 1992 with respect to management and licensing of commercial remote sensing satellites. | {"src": "billsum_train", "title": "To revise the Land Remote Sensing Policy Act of 1992."} | 1,369 | 28 | 0.520309 | 1.282965 | 0.238008 | 3.571429 | 61.666667 | 0.809524 |
SECTION 1. IMPROVED DISTRIBUTION OF CONSTRUCTION PAYMENTS.
Section 8007(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7707(a)) is amended--
(1) in paragraph (1), by striking ``40 percent'' and
inserting ``80 percent'';
(2) in subparagraphs (A) and (B) of paragraph (2), by
striking ``50 percent'' each place it appears and inserting
``40 percent'';
(3) in paragraph (2) by adding at the end the following new
subparagraphs:
``(C) The agency is eligible under section
8003(b)(2) or is receiving a basic support payment
under circumstances described in section
8003(b)(2)(B)(ii).
``(D) The agency is eligible under section
8003(a)(2)(C).''; and
(4) by striking paragraph (3) and inserting the following:
``(3) Amount of payments.--The amount of a payment to each
local educational agency described in this subsection for a
fiscal year shall be--
``(A) not less than the greater of the amount
appropriated as provided under paragraph (1) for such
fiscal year; divided by--
``(i) the number of children determined
under subparagraphs (B), (C), and (D)(i) of
section 8003(a)(1) who were in average daily
attendance for all local educational agencies
described in paragraph (2), including the
number of children attending a school facility
described in section 8008(a) if the Secretary
does not provide assistance for the school
facility under that section for the fiscal
year; multiplied by
``(ii) the number of children determined
for such agency;
``(B) not less than $25,000, except that this
subparagraph shall not apply if the amount available to
carry out paragraph (1) for such fiscal year is less
than $32,000,000; and
``(C) not more than $3,000,000.''.
SEC. 2. COMPETITIVE EMERGENCY AND MODERNIZATION GRANTS.
Section 8007(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7707(b)) is amended--
(1) in paragraph (1) by striking ``60 percent'' and
inserting ``20 percent'';
(2) in paragraph (3)(A) by inserting after ``an emergency
grant under paragraph (2)(A)'' the following: ``if the agency
is covered by paragraph (7), or''.
(3) in paragraph (3)(C)(i)(I) by striking ``the agency
meets at least one'' and all that follows, and inserting ``the
number of children determined under section 8003(a)(1)(C) for
the agency for the preceding school year constituted at least
40 percent of the total student enrollment in the schools of
the agency during the preceding school year.'';
(4) by striking paragraph (3)(D)(ii)(II) and inserting the
following:
``(II) The number of children
determined under section 8003(a)(1)(C)
for the school for the preceding school
year constituted at least 40 percent of
the total student enrollment in the
school during the preceding school
year.'';
(5) in paragraph (4)(C) by striking ``(B), (C), and (D)''
and inserting ``and (C)'';
(6) by redesignating paragraph (7) as paragraph (8); and
(7) by inserting after paragraph (6) the following:
``(7) Special rule.--Notwithstanding paragraph (3)(C)(i)(I)
and (3)(D)(ii)(II), a local educational agency is eligible to
receive a grant under this subsection not to exceed $3,000,000
in any one fiscal year if such agency--
``(A) was eligible to receive a payment under
section 8003 for the fiscal year prior to the year for
which the application is made; and
``(B) has had an overall increase in enrollment--
``(i) during the period between the end of
the school year preceding the fiscal year for
which the application is made and the beginning
of the school year immediately preceding that
school year;
``(ii) of which not less than 250, or not
less than 10 percent (whichever is lower), are
children described in--
``(I) subparagraphs (A), (B), (C),
or (D) of section 8003(a)(1); or
``(II) subparagraphs (F) or (G) of
section 8003(a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense; and
``(iii) that is the direct result of one or
more of the following:
``(I) Base realignment and closure
or global rebasing, as determined by
the Secretary of Defense.
``(II) Force structure changes or
force relocations.
``(III) An action initiated by the
Secretary of Interior or other federal
agency.''. | Amends the Elementary and Secondary Education Act of 1965 to revise Impact Aid program requirements for distribution of school construction payments, and of school facility emergency and modernization grants, to local educational agencies (LEAs) impacted by military dependent children or by children residing on Indian lands.
Makes LEAs which were eligible for Impact Aid for the preceding fiscal year, and experience an overall increase in student enrollment, eligible for school facility emergency and modernization grants if at least 250 extra children are, or at least 10% of such increase is, the direct result of: (1) base realignment and closure or global rebasing; (2) force structure changes or relocations; or (3) an action initiated by the Secretary of the Interior or other federal agency. | {"src": "billsum_train", "title": "To amend the Impact Aid program under the Elementary and Secondary Education Act of 1965 to improve the distribution of school construction payments to better meet the needs of military and Indian land school districts."} | 1,131 | 159 | 0.451089 | 1.283359 | 0.801507 | 2.340278 | 7.208333 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Abuse, Violence, and
Exploitation of Elders Act of 2012'' or the ``SAVE Elders Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The population of individuals age 65 or older in the
United States is growing and is estimated to reach \1/5\ of the
total population of the United States by the year 2030.
(2) According to a 2011 report by the Government
Accountability Office, during a recent year, 1 out of every 7
older individuals living in a home or community-based setting
experienced some form of elder abuse.
(3) According to a report by the Bureau of Justice
Statistics, ``Criminal Victimization in the United States,
2008'', 54 percent of crimes involving victims age 65 or older
are unreported.
(4) The Crime Victims Fund, which was established to
support victims of crime--
(A) is funded by the proceeds of forfeited bonds,
criminal penalty assessments, and fines collected from
persons convicted of offenses against the United
States; and
(B) does not receive funds from taxpayers in the
United States.
(5) No amounts are specifically allocated from the Crime
Victims Fund to individuals age 65 or older who experience
victimization in the form of abuse, neglect, or exploitation.
(6) The Government Accountability Office estimates that
elder abuse investigations by Adult Protect Services in 33
States may increase by 28 percent by the year 2020.
(7) The Federal Government and State governments use
varying definitions of the term ``elder abuse''. The definition
of ``elder abuse'' used by a State government is recognized as
the primary definition to ensure consistent administration of
existing and future elder abuse programs by the State.
SEC. 3. AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 1984.
(a) Crime Victims Fund.--
(1) In general.--Section 1402(d) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)) is amended--
(A) by redesignating paragraph (2) as paragraph
(1); and
(B) by inserting after paragraph (1), as so
redesignated, the following:
``(2)(A) Subject to subparagraph (C), for each fiscal year
in which the obligation limitation is greater than the
obligation limitation for fiscal year 2012, the first
$20,000,000 made available for obligation in the fiscal year
after the amount equal to the obligation limitation for fiscal
year 2012 is made available shall be available for grants under
section 1404F.
``(B)(i) Subject to subparagraph (C), in any fiscal year in
which an amount less than $20,000,000, or no amount, is made
available under subparagraph (A) for grants under section
1404F, and the amount available in the Fund is greater than the
obligation limitation for the fiscal year, the amount described
in clause (ii) shall be deposited into an elder abuse reserve
fund and shall be available to make grants under section 1404F.
``(ii) The amount described in this clause is an amount
that is the lesser of--
``(I) the difference between--
``(aa) $20,000,000; and
``(bb) the amount made available under
subparagraph (A) for grants under section 1404F
in the fiscal year; and
``(II) the limitation surplus for the fiscal year.
``(iii) The Director may carry over amounts in the elder
abuse reserve fund established under clause (i) from fiscal
year to fiscal year.
``(iv) Amounts in the elder abuse reserve fund established
under clause (i) shall not be subject to the obligation
limitation.
``(C) The sum of the amounts made available under
subparagraphs (A) and (B) for grants under section 1404F in a
fiscal year shall be not more than $20,000,000.
``(D) For purposes of this paragraph--
``(i) the term `obligation limitation' means the
amount in the Fund that is made available for
obligation in a fiscal year under the applicable
appropriations act; and
``(ii) the term `limitation surplus' means, with
respect to a fiscal year, the amount that is equal to
the difference between--
``(I) the amount available in the Fund; and
``(II) the obligation limitation for the
fiscal year.''.
(2) Technical and conforming amendments.--The Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended--
(A) in section 1402--
(i) in subsection (d)--
(I) in paragraph (3), by striking
``paragraph (2)'' and inserting
``paragraphs (1) and (2)''; and
(II) in paragraph (5)(A)--
(aa) in the first sentence,
by inserting ``(1),'' before
``(2)''; and
(bb) in the second
sentence, by inserting ``(1),''
before ``(2)''; and
(ii) in subsection (g)--
(I) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``(d)(2)'' and inserting ``(d)(1)'';
and
(II) in paragraph (2), by striking
``(d)(2)'' and inserting ``(d)(1)'';
(B) in section 1404(a)(1), by striking
``1402(d)(2)'' and inserting ``1402(d)(4)''; and
(C) in section 1404A, in the first sentence, by
striking ``1402(d)(2)'' and inserting ``1402(d)(1)''.
(3) Sense of congress.--It is the sense of Congress that--
(A) in establishing the maximum amount available
for obligation during a fiscal year in the Fund
established under section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601), the maximum should be
increased by the amount described in such section
1402(d)(2)(A), as amended by paragraph (1), as compared
to the maximum amount that would otherwise be
established; or
(B) the amount described in paragraph (2)(B) of
section 1402(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)), as added by paragraph (1), should be
made available on an annual basis to be used for
compensation and assistance to victims of elder abuse.
(b) Compensation and Assistance to Victims of Elder Abuse.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. COMPENSATION AND ASSISTANCE TO VICTIMS OF ELDER ABUSE.
``(a) Definitions.--In this section--
``(1) the term `elder abuse'--
``(A) means the abuse, exploitation, or neglect, as
those terms are defined in section 2011 of the Social
Security Act (42 U.S.C. 1397j), of an individual who
is--
``(i) age 65 or older; and
``(ii) lawfully present in the United
States; and
``(B) with respect to a State that receives a grant
under this section, includes any other conduct not
described in subparagraph (A) that is defined as elder
abuse under the laws of the State; and
``(2) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands,
American Samoa, and the Northern Mariana Islands.
``(b) Grants Authorized.--
``(1) In general.--Subject to paragraph (2), the Director
shall use the amounts made available under section 1402(d)(2)
to make grants to States to support--
``(A) eligible crime victim assistance programs, as
defined in section 1404(b)(1), that provide assistance
to victims of elder abuse; and
``(B) programs that improve the investigation,
handling (as defined under the laws of a State), and
prosecution of cases of elder abuse.
``(2) State apportionments.--
``(A) Base amounts.--Of the amounts allocated for
grants to States under paragraph (1), the Director
shall apportion--
``(i) 0.5 percent to--
``(I) each of the several States of
the United States;
``(II) the District of Columbia;
and
``(III) the Commonwealth of Puerto
Rico;
``(ii) 0.25 percent to--
``(I) Guam; and
``(II) the United States Virgin
Islands; and
``(iii) 0.125 percent to--
``(I) American Samoa; and
``(II) the Northern Mariana
Islands.
``(B) Remaining amounts.--
``(i) In general.--Amounts remaining after
apportionment under subparagraph (A) of the
amounts allocated under paragraph (1) shall be
apportioned among the States according to a
formula established by the Director.
``(ii) Formula.--The formula described in
clause (i) shall be based on the following
factors:
``(I) The population of individuals
age 65 or older in a State in relation
to the population of individuals age 65
or older in all States.
``(II) The population of
individuals age 65 or older in a State
in relation to the population of the
State.
``(III) The overall rate of crime
in a State, as determined by the Bureau
of the Census.
``(3) Federal share.--The Federal share of the cost of a
program carried out by one of the several States, the District
of Columbia, or the Commonwealth of Puerto Rico using a grant
under this section may not exceed 80 percent.
``(c) Biennial Report.--The Attorney General, acting through the
Director, shall submit to Congress a biennial report on--
``(1) the use of funds made available under section
1402(d)(2) during each of the 2 preceding fiscal years; and
``(2) the administration of this section, including--
``(A) a complete and detailed analysis of--
``(i) the manner in which each State that
receives amounts under this section has
distributed the amounts; and
``(ii) significant problems, if any, in
carrying out this section; and
``(B) recommendations for legislation to remedy the
problems, if any, identified under subparagraph
(A)(ii).''. | Stop Abuse, Violence, and Exploitation of Elders Act of 2012 or the SAVE Elders Act of 2012 - Amends the Victims of Crime Act of 1984 to designate specified funds from the Crime Victims Fund for grants for compensation and assistance to victims of elder abuse.
Defines "elder abuse" under that Act: (1) to mean the abuse, exploitation, or neglect of an individual who is age 65 or older and lawfully present in the United States; and (2) with respect to a state that receives a grant, to include any other conduct that is defined as such under the laws of the state.
Requires the Director of the Office of Victims of Crime to use such funds to make grants to states to support: (1) eligible crime victim assistance programs that provide assistance to victims of elder abuse; and (2) programs that improve the investigation, handling, and prosecution of cases of elder abuse.
Apportions specified percentages of grant amounts among the states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands and requires the amounts remaining after such apportionment to be distributed among the states based on: (1) the population of individuals age 65 or older in a state relative to the population of such individuals in all states, (2) the population of individuals age 65 or older in a state in relation to the population of the state, and (3) the overall rate of crime in a state. | {"src": "billsum_train", "title": "A bill to dedicate funds from the Crime Victims Fund to victims of elder abuse, and for other purposes."} | 2,442 | 320 | 0.615819 | 1.980386 | 0.789617 | 4.563574 | 7.683849 | 0.948454 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Recycling Act of 1997''.
SEC. 2. CLEANUPS PURSUANT TO STATE VOLUNTARY RESPONSE PROGRAM.
(a) Prohibition on Enforcement.--Subject to subsection (c), neither
the President nor any other person (other than a State) may use any
authority of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or of the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) to commence an
administrative or judicial action under either of those Acts with
respect to any release or threatened release at a facility that is, or
has been, the subject of a voluntary response plan in a State that
meets the requirements of subsection (b).
(b) State Requirements.--The prohibition in subsection (a) applies
with respect to a facility in a State only if the State--
(1) submits to the Administrator of the Environmental
Protection Agency a certification that the State has enacted
into law a voluntary response program and that the State has
committed the financial and personnel resources necessary to
carry out such program; and
(2) notifies the Administrator that a voluntary response
plan is being implemented at the facility under that State
program after such implementation begins.
(c) Limitation on Prohibition.--The prohibition in subsection (a)
and the exemption under subsection (f) shall not apply with respect to
a facility in a State if--
(1) the facility is listed on the National Priorities List;
(2) the facility is proposed for listing on the National
Priorities List, based on a determination by the Administrator
that the facility qualifies for listing pursuant to section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605);
(3) the facility is owned or operated by a department,
agency, or instrumentality of the United States; or
(4) an administrative order on consent or judicial consent
decree requiring response action has been entered into by the
United States with respect to the facility under any of the
following laws:
(A) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(B) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(D) The Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
(E) Title XIV of the Public Health Service Act
(commonly known as the Safe Drinking Water Act) (42
U.S.C. 300f et seq.)
(d) Authority To Gather Information.--The Administrator may carry
out investigations, monitoring, surveys, testing, or other information
gathering authorized under section 104(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(b)) with respect to facilities that are subject to a State
voluntary response program, but only for purposes of determining
whether the facility qualifies for listing on the National Priorities
List pursuant to section 105 of that Act.
(e) Prior Actions.--Nothing in this section shall affect
administrative or judicial action commenced prior to the date of
enactment of this section.
(f) Permits and Other Requirements.--No Federal permit or permit
revision shall be required for remediation activities undertaken on a
site subject to, or being addressed pursuant to, a voluntary response
plan under a State voluntary response program if the plan and State
program are in compliance with this section.
(g) Definitions.--For purposes of this section:
(1) Voluntary response program.--The term ``voluntary
response program'' means a program established by a State
specifically to allow a person to respond voluntarily to the
release or threatened release of hazardous substances at
facilities in the State.
(2) Voluntary response plan.--The term ``voluntary response
plan'' means a plan for responding to the release or threatened
release of hazardous substances at a particular facility under
a State voluntary response program.
SEC. 3. INNOCENT LANDOWNERS.
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:
``(n) Innocent Landowners.--
``(1) Conduct of environmental assessment.-- A person who
has acquired real property shall have made all appropriate
inquiry within the meaning of subparagraph (B) of section
101(35) if he 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
this subsection.
``(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 paragraph. 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 subclause, 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 defendant.
``(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.
A record shall be considered to be `reasonably ascertainable'
for purposes of this paragraph if a copy or reasonable
facsimile of the record is publicly available by request
(within reasonable time and cost constraints) and the record is
practically reviewable.
``(3) Maintenance of information.--No presumption shall
arise under paragraph (1) unless the defendant has maintained a
compilation of the information reviewed and gathered in the
course of the environmental site assessment.
``(4) Definition of contamination.--For the purposes of
this subsection and section 101(35), the term `contamination'
means an existing release, a past release, or the material
threat of a release of a hazardous substance, other than de
minimis conditions that generally do not present a material
risk of harm to public health or welfare or the environment.''.
(b) Cross Reference.--Section 101(35)(B) (42 U.S.C. 9601(35)(B)) is
amended by inserting after ``all appropriate inquiry'' the following:
``(as specified in section 107(n))''.
SEC. 4. BONA FIDE PROSPECTIVE PURCHASER LIABILITY.
(a) Liability.--Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is
amended by after subsection (n) the following new subsections:
``(o) Bona fide prospective purchaser.--(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 shall not be liable to the extent liability
at such facility is based solely on paragraph (1) of subsection (a) for
a release or threat of release from the facility, and the person is a
bona fide prospective purchaser of the facility.
``(2) For purposes of this subsection, the term `bona fide
prospective purchaser' means a person who acquires ownership of a
facility after the date of enactment of this subsection, or a tenant of
such a person, who can establish each of the following by a
preponderance of the evidence:
``(A) All active disposal of hazardous substances at the
facility occurred before that person acquired the facility.
``(B) The person made all appropriate inquiry into the
previous ownership and uses of the facility and its real
property in accordance with generally accepted commercial and
customary standards and practices. Standards described in
section 107(n)(2) (relating to innocent landowners) shall
satisfy the requirements of this subparagraph. In the case of
property for residential or other similar use, purchased by a
nongovernmental or noncommercial entity, a site inspection and
title search that reveal no basis for further investigation
satisfy the requirements of this subparagraph.
``(C) The person provided all legally required notices with
respect to the discovery or release of any hazardous substances
at the facility.
``(D) 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.
``(E) The person provides full cooperation, assistance, and
facility access to persons 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) The person is not affiliated with any other person
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.''.
``(p) Prospective Purchaser and Windfall Lien.--(1) In any case in
which there are unrecovered response costs at a facility for which an
owner of the facility is not liable by reason of section 107(o), and
the conditions described in paragraph (2) are met, the United States
shall have a lien upon such facility for such unrecovered costs. Such
lien--
``(A) shall not exceed 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 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 established in paragraph (3) of subsection (l); and
``(D) shall continue until the earlier of satisfaction of
the lien or recovery of all response costs incurred at the
facility.
``(2) The conditions referred to in paragraph (1) are the
following:
``(A) A response action for which there are unrecovered
costs is carried out at the facility.
``(B) Such response action increases the fair market value
of the facility above the fair market value of the facility
that existed within 6 months before the response action was
taken.
``(3) No lien under this section shall arise--
``(A) with respect to property for which the property owner
preceding the first bona fide prospective purchaser is not a
liable party or has resolved its liability under this Act, or
``(B) where an environmental assessment gives the bona fide
prospective purchaser no knowledge or reason to know of the
release of hazardous substances.''. | Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that: (1) certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility; and (2) notifies the Administrator of the Environmental Protection Agency that a plan for voluntary response at a particular facility is being implemented under such program. Authorizes the Administrator to gather information regarding facilities subject to a voluntary response program but only for purposes of determining whether a facility qualifies for listing on the National Priorities List. Exempts facility remediation activities undertaken pursuant to a voluntary response plan from Federal permit requirements.
(Sec. 3) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, 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) and the person fulfills certain responsibilities concerning information compilation.
(Sec. 4) Absolves from liability for response actions bona fide prospective 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 for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. | {"src": "billsum_train", "title": "Land Recycling Act of 1997"} | 3,000 | 457 | 0.644488 | 2.157563 | 0.821147 | 3.706494 | 7.187013 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Taxpayer Funding for the Wall
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The construction of a wall along the southern border is
estimated to cost tens of billions of taxpayer dollars.
(2) On June 16, 2015, in New York, NY, while announcing his
candidacy for President of the United States, Mr. Donald Trump
stated ``I would build a great wall, and nobody builds walls
better than me, believe me, and I'll build them very
inexpensively. I will build a great, great wall on our southern
border. And I will have Mexico pay for that wall. Mark my
words.''.
(3) On July 31, 2015 in Turnberry, Scotland, during an
interview on CNN, Mr. Donald Trump stated ``I will build the
wall and Mexico's going to pay for it and they will be happy to
pay for it. Because Mexico is making so much money from the
United States that that's going to be peanuts and all these
other characters say, `Oh, they won't pay, they won't pay.'
They don't know the first thing about how to negotiate. Trust
me, Mexico will pay for it.''.
(4) On February 25, 2016, in Houston, TX, during a
Republican Presidential Debate, Mr. Donald Trump stated, ``We
have a trade deficit with Mexico of $58 billion dollars a year,
and that doesn't include all the drugs that are pouring across
and destroying our country. We're going to make them pay for
that wall.''.
(5) On August 23, 2015, during an interview on Justice with
Judge Jeanine, Mr. Donald Trump stated, ``We're going to build
a wall. It's going to be a great wall. Mexico is going to pay
for it.''.
(6) On August 31, 2016, in Phoenix, AZ, during a rally, Mr.
Donald Trump stated, ``We will build a great wall along the
southern border and Mexico will pay for the wall. One hundred
percent. They don't know it yet, but they're going to pay for
the wall.''.
(7) On January 10, 2017, General John Kelly, President-
elect Trump's nominee for Secretary of Homeland Security,
stated during his Senate confirmation hearing, ``A physical
barrier in and of itself--certainly as a military person that
understands defense and defenses--a physical barrier in and of
itself will not do the job, it has to be really a layered
defense.''.
SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL FUNDS.
(a) In General.--
(1) Federal prohibition.--Notwithstanding any other
provision of law, no Federal department or agency, including
the Department of Homeland Security, may obligate or expend any
Federal funds (including any funds previously appropriated for
such purpose or any fee revenue generated by the Department of
Homeland Security or any other Federal department or agency) to
carry out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) or
any other related provision of law, or to otherwise build a
border fence, related physical barriers or infrastructure, or
wall along the southern border of the United States, including
to carry out any activities related to such construction.
(2) State prohibition.--Notwithstanding any other provision
of law, a State that has received or receives any Federal
funding in the form of a grant from the Department of Homeland
Security or any other Federal department or agency may not use
such funding to carry out section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note) or any other related provision of law, or to
otherwise build a border fence, related physical barriers or
infrastructure, or wall along the southern border of the United
States, including to carry out any activities related to such
construction.
(3) Foreign payment required.--The President is authorized
to enter into a binding, written, and enforceable treaty,
approved by the Senate, with a foreign country to pay for the
costs associated with carrying out section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note) or any other related provision of law, or
otherwise building a border fence, related physical barriers or
infrastructure, or wall along the southern border of the United
States, including carrying out any activities related to such
construction.
(b) Audit and Penalty.--
(1) Audit.--Not later than 180 days after the end of each
fiscal year, the Comptroller General of the United States shall
conduct an audit of each Federal department and agency under
subsection (a)(1) and each State that has received or is
receiving any Federal funding under subsection (a)(2) to assess
compliance with the prohibition under such subsections for such
preceding fiscal year.
(2) Penalty.--If the Comptroller General of the United
States is unable to confirm the compliance with the
prohibitions under subsection (a) by a Federal department or
agency or by a State pursuant to an audit conducted under
paragraph (1), notwithstanding any other provision of law--
(A) in the case of Federal department or agency,
the Office of Management and Budget may not obligate or
expend more than 25 percent of funds authorized to be
appropriated for such Office for the fiscal year during
which such audit is conducted, until such time as the
Comptroller General is able to confirm such compliance;
and
(B) in the case of a State, the heads of
appropriate Federal departments and agencies shall take
such steps as may be necessary to reduce the amount of
Federal funds that are made available to such State and
to require such State to repay such amounts previously
made available, as appropriate, until such time as the
Comptroller General is able to confirm such compliance.
(c) Sense of Congress.--It is the sense of Congress that the
funding prohibition under this section should not interfere with the
responsibility of the Secretary of Homeland Security to take actions as
may be required to secure the southern border of the United States.
SEC. 4. OVERSIGHT.
The Inspector General of the Federal department or agency
responsible for carrying out the treaty referred to in section 3(a)(3)
shall oversee the use of funds received and expended pursuant to such
treaty to carry out the Secure Fence Act of 2006, section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note), or any other related provision of law, or to
otherwise build a border fence, related physical barriers or
infrastructure, or wall along the southern border of the United States,
including to carry out any activities related to such construction.
Such oversight shall include oversight regarding the use of high risk
contractor practices, including limited or sole source contracting, any
cost overruns, significant delays in contract execution, and
departmental contract management and oversight of such funds.
SEC. 5. BUDGETARY IMPACT.
(a) In General.--The Director of the Office of Management and
Budget shall include a statement of budgetary impact, including costs,
benefits, and revenues, as a result of and related to any executive
order or presidential memorandum issued relating to border security
during the period of fiscal year 2017 through fiscal year 2021.
(b) Contents.--Any statement under subsection (a) shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal department and agency, for each year in the 5-
fiscal-year period beginning in fiscal year 2017; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2017.
SEC. 6. WEBSITE.
The Director of the Office of Management and Budget shall establish
a publicly available website to track and display funds received from
other non-Federal sources, including foreign governments, to carry out
the Secure Fence Act of 2006, section 102 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note),
or any other related provision of law, or to otherwise build a border
fence, related physical barriers or infrastructure, or wall along the
southern border, including to carry out any activities related to such
construction. Such website shall be updated at least monthly to
accurately reflect data on funds received by source and by date and on
the obligation and expenditure of such funds. | No Taxpayer Funding for the Wall Act This bill prohibits: (1) any federal agency from obligating or expending any federal funds to carry out provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 regarding barriers at the border or any related provision of law or to otherwise build a border fence, wall, or related physical barriers along the U.S. southern border; and (2) a state from using federal grant funds for such purpose. The Government Accountability Office (GAO) must conduct an audit each fiscal year to assess compliance with such prohibition. If the GAO is unable to confirm compliance, the Office of Management and Budget and federal agencies must take specified actions to reduce funds for federal agencies and states until the GAO is able to confirm compliance. The bill authorizes the President to enter into a treaty, approved by the Senate, with a foreign country to pay for the costs associated with carrying out such border barrier activities. The Inspector General of the federal agency responsible for carrying out such treaty shall oversee the use of funds received and expended pursuant to such treaty. The OMB shall: (1) include a statement of budgetary impact of and related to any executive order or presidential memorandum issued relating to border security during FY2017-FY2021; and (2) establish a publicly available website to track and display funds received from other non-federal sources, including foreign governments, to build a barrier along the souther border. | {"src": "billsum_train", "title": "No Taxpayer Funding for the Wall Act"} | 1,878 | 310 | 0.433833 | 1.522083 | 0.656598 | 4.441606 | 6.572993 | 0.923358 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oil Spill Response
and Assistance Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMPENSATION
Sec. 101. Emergency preparedness.
Sec. 102. Oil pollution liability and compensation.
Sec. 103. Effective date.
TITLE II--REPORTS
Sec. 201. Reports regarding Gulf of Mexico oil spill.
TITLE I--COMPENSATION
SEC. 101. EMERGENCY PREPAREDNESS.
(a) In General.--Title IV of the Oil Pollution Act of 1990 (Public
Law 101-380; 104 Stat. 509) is amended by adding at the end the
following:
``Subtitle D--Emergency Preparedness for Discharges
``SEC. 4401. EMERGENCY PREPAREDNESS.
``(a) In General.--Not later than 2 years after the date of
enactment of this subtitle, the Secretary shall by regulation require
the development and deployment of certain technology for use in the
event of a breach or explosion at, or a significant discharge of oil
from, a deepwater port, offshore facility, or tank vessel (referred to
in this section as a `covered event').
``(b) Requirements.--The regulations shall require--
``(1)(A) the development, for use in capping underwater oil
wells affected by a covered event, technology that is--
``(i) capable of funneling discharges of oil from
an underwater oil well to a containment vessel at the
ocean surface; and
``(ii) effective at water depths at least 2,000
feet deeper than the limits of oil and gas production
on the outer Continental Shelf as of the date of
enactment of this subtitle; and
``(B) the purchase and deployment by the Secretary of those
engineered capping technologies in such number of locations
throughout the United States (including the navigable waters),
to be determined by the Secretary, as would permit deployment
and use of the domes to respond to a covered event not later
than 24 hours after the time at which the covered event
occurred;
``(2)(A) the development of flame-proof booms capable of
functioning in the open ocean with waves of not more than 6
feet in height; and
``(B) the purchase and deployment by the Secretary of those
booms at such locations and in such lengths or quantities as
would permit, as determined by the Secretary--
``(i) the use of the booms in response to a covered
event not later than 24 hours after the time at which
the covered event occurred; and
``(ii) the complete surrounding of 100 square miles
of open ocean within that period of time; and
``(3) the development, and purchase and deployment by the
Secretary, of remote operated vehicles for use in the open
ocean that are--
``(A) equipped with acoustic technology;
``(B) capable of welding and cutting or torching
below 15,000 feet of water; and
``(C) stationed at such locations, as determined by
the Secretary, as would enable the remote operated
vehicles to be available for use in an area affected by
a covered event not later than 24 hours after the time
at which the covered event occurred.''.
(b) Table of Contents.--The table of contents for the Oil Pollution
Act of 1990 (33 U.S.C. prec. 2701) is amended by inserting at the end
of the items relating to title IV the following:
``Subtitle D--Emergency Preparedness for Discharges of Oil
``Sec. 4401. Emergency preparedness.''.
SEC. 102. OIL POLLUTION LIABILITY AND COMPENSATION.
Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is
amended by striking subsection (a) and inserting the following:
``(a) Limits.--
``(1) In general.--Except as otherwise provided in this
section, subject to paragraph (2), the total of the liability
of a responsible party under section 1002 and any removal costs
incurred by, or on behalf of, the responsible party, with
respect to each incident shall not exceed, as indexed for
United States dollar inflation from the date of enactment of
the Oil Spill Response and Assistance Act (as measured by the
Consumer Price Index)--
``(A) for a tank vessel, the greater of--
``(i) with respect to a single-hull vessel,
including a single-hull vessel fitted with
double sides only or a double bottom only,
$6,000 per gross ton;
``(ii) with respect to a vessel other than
a vessel referred to in clause (i), $3,800 per
gross ton; or
``(iii)(I) with respect to a vessel greater
than 3,000 gross tons that is--
``(aa) a vessel described in clause
(i), $44,000,000; or
``(bb) a vessel described in clause
(ii), $32,000,000; or
``(II) with respect to a vessel of 3,000
gross tons or less that is--
``(aa) a vessel described in clause
(i), $12,000,000; or
``(bb) a vessel described in clause
(ii), $8,000,000;
``(B) for any other vessel, $1,900 per gross ton or
$1,600,000, whichever is greater;
``(C) for an offshore facility except a deepwater
port, the total of all removal costs plus $150,000,000;
and
``(D) for any onshore facility and a deepwater
port, $700,000,000.
``(2) Alternative limitation.--If the aggregate amount of
net after-tax profits of a responsible party generated during
the 4 full financial reporting quarters preceding the date of
an incident involving a vessel or facility described in
paragraph (1) exceeds the limitation on liability for the
category of incident described in that paragraph, the total of
the liability of the responsible party under section 1002 and
any removal costs incurred by, or on behalf of, the
responsible, with respect to each such incident shall not
exceed, as indexed for United States dollar inflation from the
date of enactment of the Oil Spill Response and Assistance Act
(as measured by the Consumer Price Index), an amount equal to
that aggregate amount of those profits.''.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title take effect on
April 15, 2010.
TITLE II--REPORTS
SEC. 201. REPORTS REGARDING GULF OF MEXICO OIL SPILL.
(a) Definitions.--In this section:
(1) Head of an appropriate federal agency.--The term ``head
of an appropriate Federal agency'' means the head of a Federal
agency that has carried out an activity with respect to the oil
spill.
(2) Oil spill.--The term ``oil spill'' means the oil spill
that occurred in the Gulf of Mexico in April 2010.
(b) Study.--As soon as practicable after the date of enactment of
this Act, each head of an appropriate Federal agency shall carry out a
study--
(1) to examine the effectiveness of the coordination of
actions carried out by the Federal Government relating to the
oil spill; and
(2) to determine the success of each action carried out by
the Federal Government in response to the oil spill.
(c) Report.--Not later than September 1, 2010, each head of an
appropriate Federal Agency shall submit to the appropriate committees
of Congress a report that contains a description of--
(1) the results of the study carried out under subsection
(b); and
(2) the effectiveness and success of each activity carried
out by the Federal Government in response to the oil spill. | Oil Spill Response and Assistance Act - Amends the Oil Pollution Act of 1990 to direct the Secretary of Energy, within two years, to require the development and deployment of certain technology for use in the event of a breach or explosion at, or a significant discharge of oil from, a deepwater port, offshore facility, or tank vessel (covered event), including: (1) technology for use in capping underwater oil wells that is effective at water depths at least 2,000 feet deeper than the limits of oil and gas production on the outer continental shelf as of the date of enactment of this Act; (2) flameproof booms capable of functioning in the open ocean with six-foot waves; and (3) remote operated vehicles for use in the open ocean that are capable of welding and cutting or torching below 15,000 feet of water. Requires the purchase and deployment of such technologies in such locations throughout the United States as would permit their use within 24 hours of a covered event.
Doubles the limits on the total of the liability of, and the removal costs incurred by or on behalf of, the party responsible for a vessel or a facility from which oil is discharged into or upon navigable waters, adjoining shorelines, or the exclusive economic zone. Increases such a limit to the amount of a party's aggregate net after-tax profits generated during the four full financial reporting quarters preceding the date of an incident if that amount exceeds the limit otherwise applicable.
Makes this Act effective on April 15, 2010.
Requires the head of a federal agency that has carried out an activity with respect to the oil spill that occurred in the Gulf of Mexico in April 2010 to study and report to Congress on the effectiveness of the coordination of, and the success of, federal government actions relating to the spill. | {"src": "billsum_train", "title": "To amend the Oil Pollution Act of 1990 to increase the cap on liability for economic damages resulting from an oil spill, and for other purposes."} | 1,785 | 385 | 0.670592 | 2.038049 | 0.813394 | 5.051429 | 4.648571 | 0.92 |
SECTION 1. REPORTS ON MANAGEMENT OF ARLINGTON NATIONAL CEMETERY.
(a) Report on Gravesite Discrepancies.--Not later than one year
after the date of the enactment of this Act, the Secretary of the Army
shall submit to the committees of Congress specified in subsection (c)
a report setting forth an accounting of the gravesites at Arlington
National Cemetery, Virginia. The accounting shall--
(1) specify whether gravesite locations at Arlington National
Cemetery are correctly identified, labeled, and occupied; and
(2) set forth a plan of action, including the resources
required and a proposed schedule, to implement remedial actions to
address deficiencies identified pursuant to the accounting.
(b) GAO Review of Management and Oversight of Contracts.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the committees of Congress specified in subsection
(c) a report on the management and oversight of contracts at
Arlington National Cemetery.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number, dollar amount, and duration of current
contracts at Arlington National Cemetery over the simplified
acquisition threshold.
(B) The number, dollar amount, and duration of current
contracts for automation of burial operations at Arlington
National Cemetery, including contracts relating to the Total
Cemetery Management System (TCMS), the Geographic Information
System (GIS), the Interment Scheduling System (ISS), the
Interment Management System (IMS), and new or modified versions
of the Burial Operations Support System (BOSS) of the
Department of Veterans Affairs.
(C) An assessment of the management and oversight by the
Executive Director of the Army National Cemeteries Program of
the contracts covered by subparagraphs (A) and (B), including
the use of and actions taken for that purpose by the Corps of
Engineers and the National Capital Region Contracting Center of
the Army Contracting Command.
(D) An assessment of the actions taken by the Executive
Director of the Army National Cemeteries Program in response to
the findings and recommendations of the Inspector General of
the Army in the report entitled ``Report of Investigation and
Special Inspection of Arlington National Cemetery Final Report
(Case 10-04)'', dated June 9, 2010.
(E) An assessment of the implementation of the following:
(i) Army Directive 2010-04 on Enhancing the Operations
and Oversight of the Army National Cemeteries Program,
dated June 10, 2010, including, without limitation, an
evaluation of the sufficiency of all contract management
and oversight procedures, current and planned information
and technology systems, applications, and contracts,
current organizational structure and manpower, and
compliance with and execution of all plans, reviews,
studies, evaluations, and requirements specified in the
Army Directive.
(ii) The recommendations and actions proposed by the
Army National Cemeteries Advisory Commission with respect
to Arlington National Cemetery.
(F) An assessment of the adequacy of current practices at
Arlington National Cemetery to provide information, outreach,
and support to families of individuals buried at Arlington
National Cemetery regarding procedures to detect and correct
current errors in burials at Arlington National Cemetery.
(G) An assessment of the feasibility and advisability of
transferring jurisdiction of Arlington National Cemetery and
the United States Soldiers' and Airmen's Home National Cemetery
to the Department of Veterans Affairs, and an assessment of the
feasibility and advisability of the sharing of jurisdiction of
such facilities between the Department of Defense and the
Department of Veterans Affairs.
(3) Simplified acquisition threshold defined.--In this
subsection, the term ``simplified acquisition threshold'' has the
meaning provided that term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
(c) Specified Committees of Congress.--The committees of Congress
specified in this subsection are--
(1) the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on Veterans'
Affairs of the Senate; and
(2) the Committee on Armed Services, the Committee on Oversight
and Government Reform, and the Committee on Veterans' Affairs of
the House of Representatives.
(d) Reports on Implementation of Army Directive on Army National
Cemeteries Program.--
(1) In general.--The Secretary of the Army shall submit to the
appropriate committees of Congress reports on execution of and
compliance with Army Directive 2010-04 on Enhancing the Operations
and Oversight of the Army National Cemeteries Program, dated June
10, 2010. Each such report shall include, for the preceding 270
days or year (as applicable), a description and assessment of the
following:
(A) Execution of and compliance with every section of the
Army Directive for Arlington National Cemetery, including,
without limitation, an evaluation of the sufficiency of all
contract management and oversight procedures, current and
planned information and technology systems, applications, and
contracts, current organizational structure and manpower, and
compliance with and execution of all plans, reviews, studies,
evaluations, and requirements specified in the Army Directive.
(B) The adequacy of current practices at Arlington National
Cemetery to provide information, outreach, and support to
families of those individuals buried at Arlington National
Cemetery regarding procedures to detect and correct current
errors in burials at Arlington National Cemetery.
(2) Period and frequency of submittal.--A report required by
paragraph (1) shall be submitted not later than 270 days after the
date of the enactment of this Act, and every year thereafter for
the next 2 years.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of the Army to submit to the congressional defense, homeland security, and veterans committees an accounting of the gravesites at Arlington National Cemetery, including, among other things, whether such gravesites are correctly identified, labeled, and occupied.
Requires the Comptroller General to report to such committees on the management and oversight of burial operations contracts at such Cemetery.
Directs the Secretary of the Army to submit to the appropriate congressional committees biennial reports on the execution of and compliance with Army Directive 2010-04, Enhancing the Operations and Oversight of the Army National Cemeteries Program. | {"src": "billsum_train", "title": "A bill to require reports on the management of Arlington National Cemetery."} | 1,220 | 133 | 0.626997 | 1.647956 | 0.598306 | 3.765766 | 10.495495 | 0.900901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George E. Brown, Jr. Hydrogen Future
Act''.
SEC. 2. PURPOSES.
Section 102(b)(2) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12401(b)(2)) is
amended by striking ``among the Federal agencies and aerospace,
transportation, energy, and other entities'' and inserting ``,
including education, among the Federal agencies and industry,
transportation entities, energy entities, and other entities''.
SEC. 3. REPORT TO CONGRESS.
Section 103 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12402) is
amended--
(1) in subsection (a), by striking ``1999,'' and inserting
``2003,'';
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) an analysis of hydrogen-related activities throughout
the United States Government to identify productive areas for
increased intergovernmental collaboration; and''; and
(3) by adding at the end the following:
``(c) Requirements.--The report under subsection (a) shall--
``(1) be based on a comprehensive coordination plan for
hydrogen energy prepared by the Department with other Federal
agencies; and
``(2) to the extent practicable, include State and local
activities.''.
SEC. 4. TECHNOLOGY TRANSFER.
Section 106 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12405) is
amended--
(1) in subsection (b)--
(A) in the first sentence--
(i) in paragraph (1), by striking ``an
inventory'' and inserting ``an update of the
inventory''; and
(ii) in paragraph (2), by inserting ``other
Federal agencies as appropriate,'' before ``and
industry''; and
(B) by striking the second and third sentences; and
(2) by adding at the end the following:
``(c) Information Exchange Program Activities.--The information
exchange program under subsection (b)--
``(1) may consist of workshops, publications, conferences,
and a database for the use by the public and private sectors;
and
``(2) shall foster the exchange of generic, nonproprietary
information and technology, developed under this Act, among
industry, academia, and the Federal Government, to help the
United States economy attain the economic benefits of the
information and technology.''.
SEC. 5. TECHNICAL PANEL REVIEW.
Section 108(d) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12407(d)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``the following items'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) the plan developed by the interagency task force
under section 202(b) of the Hydrogen Future Act of 1996.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12408) is
amended--
(1) in paragraph (8), by striking ``and'';
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) $40,000,000 for fiscal year 2002;
``(11) $45,000,000 for fiscal year 2003;
``(12) $50,000,000 for fiscal year 2004;
``(13) $55,000,000 for fiscal year 2005; and
``(14) $60,000,000 for fiscal year 2006.''.
SEC. 7. FUEL CELLS.
(a) Integration of Fuel Cells With Hydrogen Production Systems.--
Section 201(a) of the Hydrogen Future Act of 1996 (42 U.S.C. 12403
note; Public Law 104-271) is amended--
(1) by striking ``(a) Not later than 180 days after the
date of enactment of this section, and subject'' and inserting
``(a) In General.--Subject''; and
(2) by striking ``with--'' and all that follows and
inserting ``into Federal and State facilities for stationary
and transportation applications.''.
(b) Cooperative and Cost-Sharing Agreements; Integration of
Technical Information.--Title II of the Hydrogen Future Act of 1996 (42
U.S.C. 12403 note; Public Law 104-271) is amended--
(1) by redesignating section 202 as section 205; and
(2) by inserting after section 201 the following:
``SEC. 202. INTERAGENCY TASK FORCE.
``(a) Establishment.--Not later than 120 days after the date of
enactment of this section, the Secretary shall establish an interagency
task force led by a Deputy Assistant Secretary of the Department of
Energy and comprised of representatives of--
``(1) the Office of Science and Technology Policy;
``(2) the Department of Transportation;
``(3) the Department of Defense;
``(4) the Department of Commerce (including the National
Institute for Standards and Technology);
``(5) the Environmental Protection Agency;
``(6) the National Aeronautics and Space Administration;
and
``(7) other agencies as appropriate.
``(b) Duties.--
``(1) In general.--The task force shall develop a plan for
carrying out this title.
``(2) Focus of plan.--The plan shall focus on development
and demonstration of integrated systems and components for--
``(A) hydrogen production, storage, and use in
Federal buildings;
``(B) power generation; and
``(C) transportation systems.
``(3) Projects.--The plan may provide for projects to
demonstrate the feasibility of--
``(A) hydrogen-based distributed power systems;
``(B) systems for hydrogen-based generation of
combined heat, power, and other products; and
``(C) hydrogen-based infrastructure for
transportation systems (including zero-emission
vehicles).''.
``SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS.
``The Secretary shall enter into cooperative and cost-sharing
agreements with Federal and State agencies for participation by the
agencies in demonstrations at sites administered by the agencies, with
the aim of replacing commercially available systems based on fossil
fuels with systems using fuel cells.
``SEC. 204. INTEGRATION OF TECHNICAL INFORMATION.
``The Secretary shall--
``(1) integrate all the technical information that becomes
available as a result of development and demonstration projects
under this title; and
``(2) make the information available to all Federal and
State agencies.''.
(c) Authorization of Appropriations.--Section 205 of the Hydrogen
Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) (as
redesignated by subsection (b)) is amended by striking ``this section,
a total of $50,000,000 for fiscal years 1997 and 1998, to remain
available until September 30, 1999'' and inserting ``this title
$50,000,000 for fiscal years 2002, 2003, and 2004, to remain available
until September 30, 2005''. | Modifies information exchange guidelines pertaining to the technology transfer program.
Authorizes appropriations.
Amends the Hydrogen Future Act of 1996 to instruct the Secretary of Energy to: (1) solicit proposals to prove the feasibility of integrating fuel cells into Federal and State facilities for stationary and transportation applications; (2) establish an interagency task force to develop an implementation plan regarding fuel cell integration with hydrogen production systems; (3) enter into cooperative and cost-sharing agreements with Federal and State agencies for demonstration programs to replace commercially available fossil fuel systems with fuel cell systems; and (4) disseminate the ensuing technical information to such agencies.
Authorizes appropriations. | {"src": "billsum_train", "title": "George E. Brown, Jr. Hydrogen Future Act"} | 1,733 | 139 | 0.477488 | 1.334178 | 0.650395 | 2.648 | 12.728 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Community Outreach
Grant Program Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Following the human suffering and devastation caused by
Hurricanes Rita and Katrina, the Federal Government and State
and local governments have responded to public concerns about
flood safety by increasing resources to improve flood
protection measures in communities throughout the United
States.
(2) In the year since these disasters, the Federal
Government has directed $7,000,000,000 in emergency
supplemental spending to restoring and strengthening hurricane
protection in Louisiana and the Gulf Coast as well as
$1,900,000,000 from the annual budget of the U.S. Army
Corps of Engineers for flood control and hurricane protection
measures across the Nation.
(3) While improving this infrastructure is essential to a
comprehensive approach to flood protection, communities must be
encouraged to better assess their flood risk and better inform
the public about the importance of maintaining flood insurance
protection.
(4) To reduce the flood risk to communities in the United
States, the National Flood Insurance Program (NFIP) must be
solvent and more effective.
(5) To achieve these goals, the Federal Emergency
Management Agency (FEMA), which administers the NFIP, should
work with communities to communicate directly with the people
who live and work in the Nation's floodplains on issues
concerning flood risk and flood protection.
(6) More than 20,000 communities currently participate in
the NFIP and nearly all of these communities have properties
that are located in special flood hazard areas--areas in which
Federal law requires that property owners purchase flood
insurance coverage before they can obtain a mortgage loan from
a federally regulated lender.
(7) Despite this mandatory purchase requirement, a FEMA-
commissioned study by the RAND Corporation found that 20 to 25
percent of property owners in special flood hazard areas who
have a mortgage from a federally regulated lender and are
required to purchase flood insurance do not carry a policy.
(8) In the next few years, the number of communities that
participate in the NFIP will increase, as FEMA's flood map
modernization program reassesses the flood risk to communities
throughout the Nation.
(9) As the map modernization program brings new communities
under the flood insurance mandatory purchase requirement, FEMA
should partner with these communities to educate property
owners, business owners, and property renters about the nature
of the flood risk in their area and the importance of
maintaining flood insurance protection.
(10) In addition to improving public awareness of flood
risk and flood insurance, many communities that undertake
outreach activities can qualify for reduced flood insurance
premiums under the NFIP's community rating system program.
(11) Flood risk is not limited to properties that are
located in special flood hazard areas, and many properties that
are no longer subject to the mandatory purchase requirement
remain at risk of flooding, especially in areas that are
protected by levees.
(12) FEMA estimates that between 20 and 25 percent of all
claims paid by the NFIP are for claims on properties located
outside of these special flood hazard areas.
(13) Thus, a property's release from the Federal flood
insurance purchase requirement does not mean that the property
is no longer subject to risk of flooding.
(14) In communities where properties have been released
from this Federal requirement, outreach activities can help to
educate the public about the importance of voluntarily
maintaining flood insurance coverage, including the potential
availability of low-cost preferred risk policies.
(15) Many property owners who own a home or building that
is located in an area that is subject to moderate-to-low risk
of flooding are unaware that they may qualify for the low-cost,
preferred risk flood insurance--a product of the NFIP.
(16) By partnering with local flood control authorities,
FEMA can better promote flood safety and flood insurance and,
in communities with properties that are no longer subject to
the mandatory purchase requirement, retain a higher number of
NFIP policies.
(17) Reducing the number of uninsured property owners in
communities that are subject to flood risk will reduce the
fiscal effects of a flood disaster to both property owners and
the Federal Government.
(b) Purpose.--It is the purpose of this Act to establish a flood
insurance outreach and education grants program that provides resources
to communities for educating property owners and renters on flood
insurance options while strengthening the national flood insurance
program.
SEC. 3. FLOOD INSURANCE OUTREACH GRANTS.
Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C.
4011 et seq.) is amended by adding at the end the following new
section:
``SEC. 1325. GRANTS FOR OUTREACH TO PROPERTY OWNERS AND RENTERS.
``(a) In General.--The Director may, to the extent amounts are made
available pursuant to subsection (h), make grants to local governmental
agencies responsible for floodplain management activities (including
such agencies of Indians tribes, as such term is defined in section 4
of the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103)) in communities that participate in the national
flood insurance program under this title, for use by such agencies to
carry out outreach activities to encourage and facilitate the purchase
of flood insurance protection under this Act by owners and renters of
properties in such communities and to promote educational activities
that increase awareness of flood risk reduction.
``(b) Outreach Activities.--Amounts from a grant under this section
shall be used only for activities designed to--
``(1) identify owners and renters of properties in
communities that participate in the national flood insurance
program, including owners of residential and commercial
properties;
``(2) notify such owners and renters when their properties
become included in, or when they are excluded from, an area
having special flood hazards and the effect of such inclusion
or exclusion on the applicability of the mandatory flood
insurance purchase requirement under section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such
properties;
``(3) educate such owners and renters regarding the flood
risk and reduction of this risk in their community, including
the continued flood risks to areas that are no longer subject
to the flood insurance mandatory purchase requirement;
``(4) educate such owners and renters regarding the
benefits and costs of maintaining or acquiring flood insurance,
including, where applicable, lower-cost preferred risk policies
under this title for such properties and the contents of such
properties; and
``(5) encouraging such owners and renters to maintain or
acquire such coverage.
``(c) Cost Sharing Requirement.--
``(1) In general.--In any fiscal year, the Director may not
provide a grant under this section to a local governmental
agency in an amount exceeding 3 times the amount that the
agency certifies, as the Director shall require, that the
agency will contribute from non-Federal funds to be used with
grant amounts only for carrying out activities described in
subsection (b).
``(2) Non-federal funds.--For purposes of this subsection,
the term `non-Federal funds' includes State or local government
agency amounts, in-kind contributions, any salary paid to staff
to carry out the eligible activities of the grant recipient,
the value of the time and services contributed by volunteers to
carry out such services (at a rate determined by the Director),
and the value of any donated material or building and the value
of any lease on a building.
``(d) Administrative Cost Limitation.--Notwithstanding subsection
(b), the Director may use not more than 5 percent of amounts made
available under subsection (g) to cover salaries, expenses, and other
administrative costs incurred by the Director in making grants and
provide assistance under this section.
``(e) Application and Selection.--
``(1) In general.--The Director shall provide for local
governmental agencies described in subsection (a) to submit
applications for grants under this section and for competitive
selection, based on criteria established by the Director, of
agencies submitting such applications to receive such grants.
``(2) Selection considerations.--In selecting applications
of local government agencies to receive grants under paragraph
(1), the Director shall consider--
``(A) the existence of a cooperative technical
partner agreement between the local governmental agency
and the Federal Emergency Management Agency;
``(B) the history of flood losses in the relevant
area that have occurred to properties, both inside and
outside the special flood hazards zones, which are not
covered by flood insurance coverage;
``(C) the estimated percentage of high-risk
properties located in the relevant area that are not
covered by flood insurance;
``(D) demonstrated success of the local
governmental agency in generating voluntary purchase of
flood insurance; and
``(E) demonstrated technical capacity of the local
governmental agency for outreach to individual property
owners.
``(f) Direct Outreach by FEMA.--In each fiscal year that amounts
for grants are made available pursuant to subsection (g), the Director
may use not more than 50 percent of such amounts to carry out, and to
enter into contracts with other entities to carry out, activities
described in subsection (b) in areas that the Director determines have
the most immediate need for such activities.
``(g) Reporting.--Each local government agency that receives a
grant under this section, and each entity that receives amounts
pursuant to subsection (f), shall submit a report to the Director, not
later than 12 months after such amounts are first received, which shall
include such information as the Director considers appropriate to
describe the activities conducted using such amounts and the effect of
such activities on the retention or acquisition of flood insurance
coverage.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $50,000,000 for each of
fiscal years 2007 through 2011.''. | Flood Insurance Community Outreach Grant Program Act of 2006 - Amends the National Flood Insurance Act of 1968 to authorize the Director of the Federal Emergency Management Agency (FEMA) to make grants to local governmental agencies responsible for floodplain management activities in communities that participate in the national flood insurance program for: (1) outreach activities to encourage and facilitate the purchase of flood insurance protection by owners and renters of properties in such communities; and (2) educational activities that increase awareness of flood risk reduction.
Permits grant funds to be used to: (1) identify such property owners and renters; (2) notify them when their properties become included in, or are excluded from, an area having special flood hazards about the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement; (3) educate them regarding the flood risk and reduction of risk in their community and regarding the benefits and costs of flood insurance; and (4) encourage them to maintain or acquire coverage.
Sets forth requirements regarding cost-sharing and limits on administrative costs.
Requires the Director to provide for such agencies to submit applications for grants and for competitive selection, based on criteria established by the Director. Lists selection considerations. Authorizes the Director to use up to 50% of amounts available for grants in each fiscal year in areas determined to have the most immediate need for such activities. | {"src": "billsum_train", "title": "To authorize the Director of the Federal Emergency Management Agency to make grants to communities to be used for outreach efforts to encourage participation in the national flood insurance program."} | 2,129 | 277 | 0.548656 | 1.607604 | 0.77646 | 4.007435 | 7.754647 | 0.944238 |
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2016, and for other purposes, namely:
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $170,000,000, which shall become available upon enactment of
this Act and remain available until September 30, 2016, to prevent,
prepare for, and respond to Zika virus, domestically and
internationally: Provided, That products purchased with such funds may,
at the discretion of the Secretary of Health and Human Services, be
deposited in the Strategic National Stockpile under section 319F-2 of
the Public Health Service (``PHS'') Act: Provided further, That such
funds may be used for purchase and insurance of official motor vehicles
in foreign countries: Provided further, That the provisions of section
317S of the PHS Act shall apply to the use of funds appropriated in
this paragraph as determined by the Director of the Centers for Disease
Control and Prevention (``CDC'') to be appropriate: Provided further,
That funds appropriated in this paragraph may be transferred by the
Director of CDC to other accounts of the CDC for the purposes provided
in this paragraph: Provided further, That of the funds appropriated
under this heading, up to $50,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Health Resources and
Services Administration--Maternal and Child Health'' for an additional
amount for the Maternal and Child Health Services Block Grant Program
only for the following activities related to patient care associated
with the Zika virus: prenatal care, delivery care, postpartum care,
newborn health assessments, and care for infants with special health
care needs: Provided further, That such transfer authority is in
addition to any other transfer authority provided by law: Provided
further, That such transferred funds may be awarded notwithstanding
section 502 of the Social Security Act: Provided further, That such
transferred funds may be awarded for special projects of regional and
national significance to States, Puerto Rico, other Territories, Indian
Tribes, Tribal Organizations and Urban Indian Organizations authorized
under title V of such Act: Provided further, That no funding provided
by a grant from funds in the fifth proviso may be used to make a grant
to any other organization or individual.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for ``National Institute of Allergy and
Infectious Diseases'', $230,000,000, which shall become available upon
enactment of this Act and remain available until September 30, 2016,
for preclinical and clinical development of vaccines for the Zika
virus: Provided, That such funds may be transferred by the Director of
the National Institutes of Health (``NIH'') to other accounts of the
NIH for the purposes provided in this paragraph: Provided further, That
such transfer authority is in addition to any other transfer authority
provided by law: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, except that such amount shall be available only if the
President subsequently so designates such amount and transmits such
designation to the Congress.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $103,000,000, which shall become available upon
enactment of this Act and remain available until September 30, 2016, to
develop necessary countermeasures and vaccines, including the
development and purchase of vaccines, therapeutics, diagnostics,
necessary medical supplies, and administrative activities to respond to
Zika virus, domestically and internationally: Provided, That funds
appropriated in this paragraph may be used to procure security
countermeasures (as defined in section 319F-2(c)(1)(B) of the PHS Act):
Provided further, That paragraphs (1) and (7)(C) of subsection (c) of
section 319F-2 of the PHS Act, but no other provisions of such section,
shall apply to such security countermeasures procured with funds
appropriated in this paragraph: Provided further, That products
purchased with funds appropriated in this paragraph may, at the
discretion of the Secretary of Health and Human Services, be deposited
in the Strategic National Stockpile under section 319F-2 of the PHS
Act: Provided further, That funds appropriated in this paragraph may be
transferred to the fund authorized by section 319F-4 of the PHS Act:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, except that
such amount shall be available only if the President subsequently so
designates such amount and transmits such designation to the Congress.
GENERAL PROVISIONS--THIS TITLE
notification requirement
Sec. 101. Funds appropriated by this title shall only be available
for obligation if the Secretary of Health and Human Services notifies
the Committees on Appropriations in writing at least 15 days in advance
of such obligation: Provided, That the requirement of this section may
be waived if failure to do so would pose a substantial risk to human
health or welfare: Provided further, That in case of any such waiver,
notification to such Committees shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
reporting requirement
Sec. 102. Not later than 30 days after enactment of this Act the
Secretary of Health and Human Services shall submit to the Committees
on Appropriations a consolidated report on the proposed uses of funds
appropriated by this title for which the obligation of funds is
anticipated: Provided, That such report shall be updated and submitted
to such Committees every 30 days until all funds have been fully
expended.
oversight
Sec. 103. Of the funds appropriated by this title under the
heading ``Centers for Disease Control and Prevention'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``Office of Inspector
General'', and shall remain available until expended, for
oversight of activities supported with funds appropriated by
this title: Provided, That the transfer authority provided by
this paragraph is in addition to any other transfer authority
provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available until
expended, for oversight of activities supported with funds
appropriated by the title: Provided, That the Secretary of
Health and Human Services shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$9,100,000, which shall become available upon enactment of this Act and
remain available until September 30, 2016, for necessary expenses to
support the cost of medical evacuations and other response efforts
related to the Zika virus and health conditions directly associated
with the Zika virus: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, except that such amount shall be available only if the
President subsequently so designates such amount and transmits such
designation to the Congress.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $10,000,000,
which shall become available upon enactment of this Act and remain
available until September 30, 2016, for necessary expenses to support
response efforts related to the Zika virus and health conditions
directly associated with the Zika virus: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, except that such amount shall be available only if
the President subsequently so designates such amount and transmits such
designation to the Congress.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$100,000,000, which shall become available upon enactment of this Act
and remain available until September 30, 2016, for vector control
activities to prevent, prepare for, and respond to the Zika virus
internationally.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Of the funds appropriated by this title under the
heading ``Diplomatic and Consular Programs'', up to--
(1) $1,350,000 may be made available for medical evacuation
costs of any other department or agency of the United States
under Chief of Mission authority and may be transferred to any
other appropriation of such department or agency for such
costs; and
(2) $1,000,000 may be transferred to, and merged with,
funds available under the heading ``Emergencies in the
Diplomatic and Consular Service''.
(b) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(c) Any amount transferred pursuant to this section is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, except that such amount shall be available only if the
President subsequently so designates such amount and transmits such
designation to Congress.
(d) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriation.
notification requirement
Sec. 202. Funds appropriated by this title shall only be available
for obligation if the Secretary of State or the Administrator of the
United States Agency for International Development, as appropriate,
notifies the Committees on Appropriations in writing at least 15 days
in advance of such obligation: Provided, That the requirement of this
section may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of any such
waiver, notification to such Committees shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
reporting requirement
Sec. 203. Not later than 30 days after enactment of this Act the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall submit to the
Committees on Appropriations a consolidated report on the proposed uses
of funds appropriated by this title for which the obligation of funds
is anticipated: Provided, That such report shall be updated and
submitted to such Committees every 30 days until all funds have been
fully expended.
oversight
Sec. 204. Of the funds appropriated by this title under the
heading ``Global Health Programs'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``United States Agency for
International Development, Funds Appropriated to the President,
Office of Inspector General'', and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: Provided, That the transfer
authority provided by this paragraph is in addition to any
other transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available until
expended, for oversight of activities supported with funds
appropriated by this title: Provided, That the Secretary of
State and the Comptroller General shall consult with the
Committees on Appropriations prior to obligating such funds.
TITLE III
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 301. (a) Of the unobligated balances of amounts appropriated
under title VI of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2015 (division
G of Public Law 113-235) and title IX of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235), $352,100,000 are rescinded:
Provided, That after consultation with the Secretary of State and the
Secretary of Health and Human Services, the Director of the Office of
Management and Budget (OMB Director) shall determine the accounts and
amounts from which the rescission is to be derived and apply the
rescission made pursuant to this subsection: Provided further, That not
later than 30 days after enactment of this Act, the OMB Director shall
transmit a report to the Committees on Appropriations detailing the
amounts rescinded pursuant to this section by agency, account, program,
project, and activity.
(b) Of the unobligated balances available in the Nonrecurring
expenses fund established in section 223 of division G of Public Law
110-161 (42 U.S.C. 3514a) from any fiscal year, including amounts
transferred to the Nonrecurring expenses fund under that section
before, on, or after the date of enactment of this Act, $270,000,000
are rescinded.
Sec. 302. Unless otherwise provided for by this Act, the
additional amounts appropriated pursuant to this Act for fiscal year
2016 are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
This Act may be cited as the ``Zika Response Appropriations Act,
2016''.
Passed the House of Representatives May 18, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Highlights: This bill provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to respond to the Zika virus. The bill also rescinds unobligated balances of prior appropriations. The bill permits the funds to be used for the duration of FY2016, designates specified funds as emergency requirements, and sets forth congressional reporting and notification requirements. Full Summary: Zika Response Appropriations Act, 2016 TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES Provides appropriations to HHS for: the Centers for Disease Control and Prevention to prevent, prepare for, and respond to the Zika virus, domestically and internationally; the National Institutes of Health for the preclinical and clinical development of vaccines for the Zika virus; and the Public Health and Social Services Emergency Fund within the Office of the Secretary to develop necessary countermeasures and vaccines to respond to the Zika virus, domestically and internationally. (Sec. 101) Requires HHS to notify Congress at least 15 days in advance of obligating the funds provided by this title. Permits a waiver for a substantial risk to human health or welfare. (Sec. 102) Requires HHS to report monthly to Congress on the proposed uses of funds provided by this title. (Sec. 103) Provides funding to the HHS Office of Inspector General and the Government Accountability Office (GAO) for the oversight of activities funded by this title. TITLE II--DEPARTMENT OF STATE Provides appropriations to the State Department for the Administration of Foreign Affairs, the United States Agency for International Development (USAID), and Bilateral Economic Assistance, including funds for: Diplomatic and Consular Programs for medical evacuations and other response efforts related to the Zika virus and directly associated health conditions; USAID response efforts related to the Zika virus and directly associated health conditions; and Global Health Programs for mosquito control (vector control) efforts to prevent, prepare for, and respond to the Zika virus internationally. (Sec. 201) Permits specified funds provided by this bill for Diplomatic and Consular Programs to be: (1) used for medical evacuation costs of any U.S. department or agency under Chief of Mission authority, and (2) transferred and merged with funds available for Emergencies in the Diplomatic and Consular Service. (Sec. 202) Requires the State Department or the USAID to notify Congress at least 15 days in advance of obligating the funds provided by this title. Permits a waiver for a substantial risk to human health or welfare. (Sec. 203) Requires the State Department, in consultation with the USAID, to report monthly to Congress on the proposed uses of funds provided by this title. (Sec. 204) Provides funding to the USAID Office of Inspector General and the GAO for the oversight of activities funded by this title. TITLE III--GENERAL PROVISIONS--THIS ACT (Sec. 301) Rescinds specified unobligated balances of funds that were previously provided to HHS and the State Department for the Ebola outbreak and to HHS for the Nonrecurring Expenses Fund. (Sec. 302) Specifies that, unless otherwise indicated in this bill, the funds provided by this bill are subject to the requirements contained in the Consolidated Appropriations Act, 2016. | {"src": "billsum_train", "title": "Zika Response Appropriations Act, 2016"} | 3,157 | 760 | 0.567765 | 1.947237 | 0.56451 | 3.027287 | 4.58748 | 0.886035 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pedestrian and Cyclist Equity Act of
2003''.
SEC. 2. TRANSPORTATION AND ACTIVE LIVING PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Transportation and active living program
``(a) In General.--Subject to the requirements of this section, the
Secretary shall establish and carry out a transportation and active
living program.
``(b) Purpose.--The purpose of the program shall be to create,
enhance, and promote, through changes in transportation, community
design, and architectural policies and programs, community environments
that improve opportunities for people to be physically active in their
daily lives.
``(c) Grants.--In carrying out the program, the Secretary shall
make grants to State, local, and regional agencies, including nonprofit
organizations, for eligible activities.
``(d) Eligible Activities.--In making grants under this section,
the Secretary may consider initiatives that--
``(1) adopt community design, land use, and transportation
policies that promote active living or remove barriers to
physical activity, including policies that--
``(A) integrate land use and transportation
planning processes to promote nonmotorized travel
choices;
``(B) incorporate pedestrian- and bicycle-friendly
features into community planning or legislative
initiatives;
``(C) develop campaigns and provide technical
assistance for safe routes to school;
``(D) implement commuter choice options and provide
incentives for walking and bicycling;
``(E) enhance accessibility and mobility
initiatives for people with disabilities; and
``(F) improve access to transit, parks, and
recreation areas; and
``(2) implement communications and marketing strategies to
promote physical activity, including strategies that--
``(A) promote the use of systems and facilities
that increase physical activity, such as bikeways,
trails, parks, and transit;
``(B) promote awareness and understanding of the
benefits of environments that support physical
activity;
``(C) provide school and workplace education about
resources to support a physically active lifestyle; and
``(D) engage local media and organize periodic
events about issues related to physical activity.
``(c) Eligible Applicants.--
``(1) Applications.--A State, local, or regional agency,
including a nonprofit organization, shall be eligible for a
grant under this section if the agency submits to the Secretary
an application in such form and containing such information as
the Secretary may require.
``(2) Ability of applicant.--The Secretary shall require
each applicant to demonstrate the ability to address, as part
of ongoing local planning, development, and transportation
efforts, the needs of diverse populations for physical
activity.
``(3) Preference.--The Secretary shall give preference to
applicants that demonstrate interdisciplinary alliances, engage
governmental entities, and propose innovative policies,
programs, and communications strategies that have the potential
to increase access and remove barriers to physical activity.
``(d) Use of Funds.--
``(1) Eligible uses.--Amounts from grants under this
section may be used for salaries, data collection and analysis,
meetings, supplies, and other direct project expenses,
including a limited amount of essential equipment.
``(2) Prohibited uses.--Amounts from grants under this
section may not be used to construct, reconstruct, or renovate
facilities or as a substitute for funds currently being used to
support similar activities.
``(e) Distribution of Funds.--To ensure a broad geographical
distribution of funds, the total amount awarded in grants under this
section to applicants in any State may not exceed $1,000,000 for a
fiscal year.
``(f) Federal Share.--The Federal share of the cost of a project
funded under this section shall be 100 percent.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $25,000,000 for each of the fiscal
years 2004 through 2009.
``(h) Period of Availability.--Notwithstanding section 118(b)(2),
amounts allocated under this section shall remain available until
expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 164 the following:
``165. Transportation and active living program.''.
SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is further amended by adding at the end the following:
``Sec. 166. Safe routes to school program
``(a) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a safe routes to school
program for the benefit of children in primary and middle schools.
``(b) Purposes.--The purposes of the program shall be--
``(1) to enable and encourage children to walk and bicycle
to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(c) Apportionment of Funds.--
``(1) In general.--Subject to paragraphs (2) and (3),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States in the ratio that--
``(A) the total student enrollment in primary and
middle schools in each State; bears to
``(B) the total student enrollment in primary and
middle schools in all the States.
``(2) Minimum apportionment.--No State shall receive an
apportionment under this section for a fiscal year of less than
$2,000,000.
``(3) Set-aside.--Before apportioning amounts under this
subsection for a fiscal year, the Secretary shall set aside
such sums as may be necessary for the administrative expenses
of the Secretary in carrying out this section.
``(4) Determination of student enrollments.--Determinations
under this subsection concerning student enrollments shall be
made by the Secretary.
``(d) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the State's department of
transportation.
``(e) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, and regional agencies, including nonprofit
organizations, that demonstrate an ability to meet the requirements of
this section.
``(f) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State
under this section and section 104(b)(3) may be used
for the planning, design, and construction of
infrastructure-related projects to encourage walking
and bicycling to school, including--
``(i) sidewalk improvements;
``(ii) traffic calming and speed reduction
improvements;
``(iii) pedestrian and bicycle crossing
improvements;
``(iv) on-street bicycle facilities;
``(v) off-street bicycle and pedestrian
facilities;
``(vi) secure bicycle parking facilities;
and
``(vii) traffic diversion improvements in
the vicinity of schools.
``(B) Location of projects.--Infrastructure-related
projects under paragraph (1) may be carried out on any
public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
``(2) Noninfrastructure-related activities.--
``(A) In general.--In addition to projects
described in paragraph (1), amounts apportioned to a
State under this section may be used for
noninfrastructure-related activities to encourage
walking and bicycling to school, including--
``(i) public awareness campaigns and
outreach to press and community leaders;
``(ii) traffic education and enforcement in
the vicinity of schools;
``(iii) student sessions on bicycle and
pedestrian safety, health, and environment; and
``(iv) funding for training, volunteers,
and coordinators of safe routes to school
programs.
``(B) Allocation.--Not less than 10 percent of the
amounts apportioned to a State under this section for a
fiscal year shall be used for noninfrastructure-related
activities under this paragraph.
``(3) Safe routes to school coordinator.--Each State
receiving an apportionment under this section for a fiscal year
shall use a sufficient amount of the apportionment to fund a
full-time position of coordinator of the State's safe routes to
school program.
``(g) Clearinghouse.--
``(1) In general.--The Secretary shall make grants to a
national nonprofit organization engaged in promoting safe
routes to schools to--
``(A) operate a national safe routes to school
clearinghouse;
``(B) develop information and educational programs
on safe routes to school; and
``(C) provide technical assistance and disseminate
techniques and strategies used for successful safe
routes to school programs.
``(2) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative expenses
under subsection (c)(3).
``(h) Task Force.--
``(1) In general.--The Secretary shall establish a national
safe routes to school task force composed of leaders in health,
transportation, and education, including representatives of
appropriate Federal agencies, to study and develop a strategy
for advancing safe routes to school programs nationwide.
``(2) Report.--Not later than March 30, 2005, the Secretary
shall transmit to Congress a report containing the results of
the study conducted, and a description of the strategy
developed, under paragraph (1).
``(3) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative expenses
under subsection (c)(3).
``(i) Federal Share.--The Federal share of the cost of a project or
activity funded under this section shall be 100 percent.
``(j) Definitions.--
``(1) In the vicinity of schools.--The term `in the
vicinity of schools' means, with respect to a school, the area
within bicycling and walking distance of the school
(approximately 2 miles).
``(2) Primary and middle schools.--The term `primary and
middle schools' means schools providing education from
kindergarten through eighth grade.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $250,000,000 for each of the fiscal
years 2004 through 2009.
``(l) Period of Availability.--Notwithstanding section 118(b)(2),
amounts apportioned under this section shall remain available until
expended.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 165 the following:
``166. Safe routes to school program.''.
(2) Surface transportation program.--Section 133(b) of
title 23, United States Code, is amended by adding at the end
the following:
``(15) Infrastructure-related projects to encourage walking
and bicycling to school in accordance with section 166.''.
SEC. 4. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.
(a) Establishment of Program.--Subchapter I of chapter 1 of title
23, United States Code, is further amended by adding at the end the
following:
``Sec. 167. Nonmotorized transportation pilot program
``(a) Establishment.--The Secretary shall establish and carry out a
nonmotorized transportation pilot program to construct, in 3
communities selected by the Secretary, a network of nonmotorized
transportation infrastructure facilities, including sidewalks, bicycle
lanes, and pathways, that connect directly with transit stations,
schools, residences, businesses, and other community activity centers.
``(b) Purpose.--The purpose of the program shall be to demonstrate
the extent to which bicycling and walking can carry a significant part
of the transportation load, and represent a major portion of the
transportation solution, within selected communities.
``(c) Grants.--In carrying out the program, the Secretary may make
grants to State, local, and regional agencies, including nonprofit
organizations, that the Secretary determines are suitably equipped and
organized to carry out the requirements of this section.
``(d) Statistical Information.--In carrying out the program, the
Secretary shall develop statistical information on changes in
motorized, nonmotorized, and transit use in communities participating
in the program and assess how such changes support and promote livable
community concepts, decreased traffic and energy usage, a cleaner
environment, and healthier lifestyles.
``(e) Federal Share.--The Federal share of the cost of a project or
activity funded under this section shall be 80 percent.
``(f) Reports.--The Secretary shall transmit to Congress an interim
report not later than September 30, 2007, and a final report not later
than September 30, 2010, on the results of the program.
``(g) Authorization of Appropriations.--
``(1) Highway trust fund.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section $20,000,000 for each
of the fiscal years 2004 through 2006 and $40,000,000 for each
of the fiscal years 2007 through 2009.
``(2) Mass transit account of highway trust fund.--There is
authorized to be appropriated out of the Mass Transit Account
of the Highway Trust Fund to carry out this section $5,000,000
for each of the fiscal years 2004 through 2006 and $10,000,000
for each of the fiscal years 2007 through 2009.
``(h) Period of Availability.--Notwithstanding any other provision
of law, funds allocated under this section shall remain available until
expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 166 the following:
``167. Nonmotorized transportation pilot program.''. | Pedestrian and Cyclist Equity Act of 2003 - Requires the Secretary of Transportation to establish and carry out a transportation and active living program to create, enhance, and promote, through changes in transportation, community design, and architectural policies and programs, community environments that improve opportunities for people to be physically active in their daily lives. Directs the Secretary to make grants to State, local, and regional agencies, including nonprofit organizations, for eligible activities. Authorizes the Secretary to consider initiatives that: (1) adopt community design, land use, and transportation policies to promote active living or remove barriers to physical activity; and (2) implement communications and marketing strategies to promote physical activity.
Requires the Secretary to establish and carry out a safe routes to school program for the benefit of children in primary and middle schools. Directs the Secretary to: (1) make grants to a national nonprofit organization to operate a national safe routes to school clearinghouse; and (2) establish a national safe routes to school task force. Allows amounts apportioned to a State to be used for the planning, design, and construction of infrastructure-related projects (including sidewalk improvements) and for non-infrastructure-related activities (including public awareness campaigns) to encourage walking and bicycling to school.
Requires the Secretary to establish and carry out a non-motorized transportation pilot program, including developing specified statistical information and assessing how changes promote livable community concepts, decreased traffic and energy usage, a cleaner environment, and healthier lifestyles. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to establish a transportation and active living program, a safe routes to school program, and a nonmotorized transportation pilot program."} | 3,236 | 325 | 0.723601 | 2.035278 | 0.888656 | 5.924138 | 10.241379 | 0.951724 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Emergency Access Care Hospital
Act of 1995''.
SEC. 2. RURAL EMERGENCY ACCESS CARE HOSPITALS DESCRIBED.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``Rural Emergency Access Care Hospital; Rural Emergency Access Care
Hospital Services
``(oo)(1) The term `rural emergency access care hospital' means,
for a fiscal year, a facility with respect to which the Secretary finds
the following:
``(A) The facility is located in a rural area (as defined
in section 1886(d)(2)(D)).
``(B) The facility was a hospital under this title at any
time during the 5-year period that ends on the date of the
enactment of this subsection.
``(C) The facility is in danger of closing due to low
inpatient utilization rates and negative operating losses, and
the closure of the facility would limit the access of
individuals residing in the facility's service area to
emergency services.
``(D) The facility has entered into (or plans to enter
into) an agreement with a hospital with a participation
agreement in effect under section 1866(a), and under such
agreement the hospital shall accept patients transferred to the
hospital from the facility and receive data from and transmit
data to the facility.
``(E) There is a practitioner who is qualified to provide
advanced cardiac life support services (as determined by the
State in which the facility is located) on-site at the facility
on a 24-hour basis.
``(F) A physician is available on-call to provide emergency
medical services on a 24-hour basis.
``(G) The facility meets such staffing requirements as
would apply under section 1861(e) to a hospital located in a
rural area, except that--
``(i) the facility need not meet hospital standards
relating to the number of hours during a day, or days
during a week, in which the facility must be open,
except insofar as the facility is required to provide
emergency care on a 24-hour basis under subparagraphs
(E) and (F); and
``(ii) the facility may provide any services
otherwise required to be provided by a full-time, on-
site dietician, pharmacist, laboratory technician,
medical technologist, or radiological technologist on a
part time, off-site basis.
``(H) The facility meets the requirements applicable to
clinics and facilities under subparagraphs (C) through (J) of
paragraph (2) of section 1861(aa) and of clauses (ii) and (iv)
of the second sentence of such paragraph (or, in the case of
the requirements of subparagraph (E), (F), or (J) of such
paragraph, would meet the requirements if any reference in such
subparagraph to a `nurse practitioner' or to `nurse
practitioners' was deemed to be a reference to a `nurse
practitioner or nurse' or to `nurse practitioners or nurses');
except that in determining whether a facility meets the
requirements of this subparagraph, subparagraphs (E) and (F) of
that paragraph shall be applied as if any reference to a
`physician' is a reference to a physician as defined in section
1861(r)(1).
``(2) The term `rural emergency access care hospital services'
means the following services provided by a rural emergency access care
hospital:
``(A) An appropriate medical screening examination (as
described in section 1867(a)).
``(B) Necessary stabilizing examination and treatment
services for an emergency medical condition and labor (as
described in section 1867(b)).''.
(b) Requiring Rural Emergency Access Care Hospitals to Meet
Hospital Anti-Dumping Requirements.--Section 1867(e)(5) of such Act (42
U.S.C. 1395dd(e)(5)) is amended by striking ``1861(mm)(1))'' and
inserting ``1861(mm)(1)) and a rural emergency access care hospital (as
defined in section 1861(oo)(1))''.
SEC. 3. COVERAGE OF AND PAYMENT FOR SERVICES.
(a) Coverage Under Part B.--Section 1832(a)(2) of the Social
Security Act (42 U.S.C. 1395k(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by striking the period at the end of subparagraph (J)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(K) rural emergency access care hospital services
(as defined in section 1861(oo)(2)).''.
(b) Payment Based on Payment for Outpatient Rural Primary Care
Hospital Services.--
(1) In general.--Section 1833(a)(6) of the Social Security
Act (42 U.S.C. 1395l(a)(6)) is amended by striking
``services,'' and inserting ``services and rural emergency
access care hospital services,''.
(2) Payment methodology described.--Section 1834(g) of such
Act (42 U.S.C. 1395m(g)) is amended--
(A) in the heading, by striking ``Services'' and
inserting ``Services and Rural Emergency Access Care
Hospital Services''; and
(B) by adding at the end the following new
paragraph:
``(3) Application of methods to payment for rural emergency
access care hospital services.--The amount of payment for rural
emergency access care hospital services provided during a year
shall be determined using the applicable method provided under
this subsection for determining payment for outpatient rural
primary care hospital services during the year.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to fiscal years
beginning on or after October 1, 1995. | Rural Emergency Access Care Hospital Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) permit certain rural hospitals to serve as rural emergency access care hospitals; and (2) provide for coverage of rural emergency access care hospital services under Medicare part B. | {"src": "billsum_train", "title": "Rural Emergency Access Care Hospital Act of 1995"} | 1,395 | 61 | 0.558552 | 1.246092 | 0.906156 | 2.842105 | 21.175439 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and Growth
Act''.
SEC. 2. SMALL BUSINESS TAX RATE.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by adding at the end of the
following new subsection:
``(i) Maximum Small Business Tax Rate.--
``(1) In general.--Except as provided in paragraph (4), if
a taxpayer has taxable small business income for any taxable
year to which this subsection applies, then the tax imposed by
this section shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by the amount
of taxable small business income, or
``(ii) the amount of taxable income taxed
at a rate below 34 percent, plus
``(B) a tax of 34 percent of the amount of taxable
income in excess of the taxable income that is subject
to tax under subparagraph (A).
``(2) Taxable small business income.--For purposes of this
subsection, the term `taxable small business income' means,
with respect to any taxable year, the taxable income of the
taxpayer for such year attributable to the active conduct of
any trade or business of an eligible small business.
``(3) Qualified retained earnings account.--For purposes of
this subsection--
``(A) S corporations.--Each S corporation shall
establish a qualified retained earnings account which
shall be--
``(i) increased each year by the portion of
the taxable income of the S corporation that is
attributable to the active conduct of a trade
or business by the S corporation,
``(ii) decreased each year by the portion
of the taxable loss of the S corporation that
is attributable to such active conduct of a
trade or business, and
``(iii) decreased by qualified and
nonqualified distributions from such S
corporation to the shareholders thereof.
``(B) Qualified distributions.--For purposes of
subparagraph (A), a distribution from a qualified
retained earnings account shall be treated as a
qualified distribution if the distribution--
``(i) is made to the owners of the eligible
small business, and
``(ii) is made to enable the S corporation
shareholder to pay income taxes (Federal,
State, local) on the income of the eligible
small business.
The Secretary is authorized to promulgate regulations
pursuant to this subparagraph to provide rules to
determine the extent to which distributions by an S
corporation are made to enable the distributee to pay
its income taxes, including regulations that establish
a presumption that distributions are to enable the
distributee to pay income taxes if such distributions
do not exceed 34 percent of taxable small business
income.
``(C) Distributions after taxable year.--For
purposes of subparagraph (B), a distribution from a
qualified retained earnings account within 75 days
after the end of a taxable year of the eligible small
business may be treated as a distribution made on the
last day of such taxable year.
``(4) Additional tax on nonqualified distributions.--
``(A) In general.--If--
``(i) a distribution other than a qualified
distribution is made from a qualified retained
earnings account, and
``(ii) such distribution is made from
additions to the account for a taxable year
with respect to which paragraph (1)(B) applied
to the taxpayer by reason of such additions,
then the tax imposed by this section for the taxable
year of the taxpayer with or within which the taxable
year of the eligible small business in which the
distribution was made ends shall be increased by the
amount determined under subparagraph (B).
``(B) Amount of additional tax.--The amount of tax
determined under this subparagraph is an amount equal
to the product of the taxpayer's pro rata share of the
distribution described in subparagraph (A)(i) and the
number of percentage points (and fractions thereof) by
which the highest rate of tax in effect under this
section for the taxpayer's taxable year exceeds 34
percent.
``(C) Order of distributions.--For purposes of this
paragraph, distributions shall be treated as having
been made from the qualified retained earnings account
on a last-in, first-out basis. Distributions in excess
of the balance of the qualified retained earnings
account shall not reduce such account below zero.
``(5) Eligible small business.--For purposes of this
subsection--
``(A) In general.--Except as provided in
subparagraph (B), the term `eligible small business'
means, with respect to any taxable year, an S
corporation which has been designated, as of the
beginning of the taxable year, as a small business
concern (within the meaning of section 3(a) of the
Small Business Act) according to size standard
regulations published by the Small Business
Administration.
``(B) Exclusions.--Such term shall not include--
``(i) any personal service corporation (as
defined in section 469(j)(2)), and
``(ii) any personal holding company (as
defined in section 542).
``(C) Election to use 3 preceding years.--If the
determination under subparagraph (A) is made on the
basis of number of employees or gross receipts, the
taxpayer may elect to have the determination made on
the basis of the average number of employees or the
average gross receipts of the taxpayer for the 3
taxable years preceding the taxable year.
``(6) Years to which subsection applies.--This subsection
shall apply to any taxable year if the highest rate of tax set
forth in subsection (a), (b), (c), (d), or (e) (whichever
applies) for the taxable year exceeds 34 percent.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section, including regulations preventing the
characterization of distributions for purposes of compensation
or personal use as distributions of qualified retained
earnings.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1995. | Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions. | {"src": "billsum_train", "title": "Small Business Investment and Growth Act"} | 1,430 | 150 | 0.62276 | 1.453099 | 0.700878 | 3.285714 | 10.444444 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palmetto Bend Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Project.--The term ``Project'' means the Palmetto Bend
Reclamation Project in the State of Texas authorized under
Public Law 90-562 (82 Stat. 999).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the Texas Water
Development Board and Lavaca-Navidad River Authority jointly,
unless Lavaca-Navidad River Authority has acquired the
interests of the Texas Water Development Board prior to the
time of title transfer, in which case ``State'' shall mean
Lavaca-Navidad River Authority.
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act and in accordance with all applicable
law, and subject to the conditions set forth in sections 4 and 5,
convey to the State all right, title, and interest (excluding the
mineral estate) in and to the Project held by the United States.
(b) Report.--If the conveyance under section 3 has not been
completed within 1 year and 180 days after the date of enactment of
this Act, the Secretary 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 that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As a condition of the conveyance, the State shall
pay the Secretary the adjusted net present value of current repayment
obligations on the Project, calculated 30 days prior to closing using a
discount rate equal to the average interest rate on 30-year United
States Treasury notes during the preceding calendar month, which
following application of the State's August 1, 1999, payment, is
currently calculated to be $45,082,675 using a discount rate of 6.070
percent. The State shall also pay interest on the adjusted net present
value of current repayment obligations from the date of State's most
recent annual payment until closing at the interest rate for constant
maturity United States Treasury notes of an equivalent term.
(b) Obligation Extinguished.--Upon payment by the State under
subsection (a), the obligation of the State and the Bureau of
Reclamation under the Bureau of Reclamation Contract No. 14-06-500-
1880, as amended shall be extinguished. After completion of conveyance
provided for in section 3, the State shall assume full responsibility
for all aspects of operation, maintenance, and replacement of the
Project.
(c) Additional Costs.--The State shall bear the cost of all
boundary surveys, title searches, appraisals, and other transaction
costs for the conveyance.
(d) Reclamation Fund.--All funds paid by the State to the Secretary
under this section shall be credited to the Reclamation Fund in the
Treasury of the United States.
SEC. 5. FUTURE MANAGEMENT.
(a) In General.--As a condition of the conveyance under section 3,
the State shall agree that the lands, water, and facilities of the
Project shall continue to be managed and operated for the purposes for
which the Project was originally authorized; that is, to provide a
dependable municipal and industrial water supply, to conserve and
develop fish and wildlife resources, and to enhance recreational
opportunities. The State's agreement shall be reflected in the
management agreement required by subsection (b) of this section.
(b) Fish, Wildlife, and Recreation Management.--As a condition of
conveyance under section 3, management decisions and actions affecting
the public aspects of the Project (namely, fish, wildlife, and
recreation resources) shall be conducted according to a management
agreement between all recipients of title to the Project and the Texas
Parks and Wildlife Department that has been approved by the Secretary
and shall extend for the useful life of the Project.
(c) Existing Obligations.--The United States shall assign to the
State and the State shall accept all surface use obligations of the
United States associated with the Project existing on the date of the
conveyance including contracts, easements, and any permits or license
agreements.
SEC. 6. MANAGEMENT OF MINERAL ESTATE.
All mineral interests in the Project retained by the United States
shall be managed consistent with Federal law and in a manner that will
not interfere with the purposes for which the Project was authorized.
SEC. 7. LIABILITY.
(a) In General.--Effective on the date of conveyance of the
Project, the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to the
Project, except for damages caused by acts of negligence committed
prior to the date of conveyance by--
(1) the United States; or
(2) an employee, agent, or contractor of the United States.
(b) No Increase in Liability.--Nothing in this Act increases the
liability of the United States beyond that provided for in the Federal
Tort Claims Act (28 U.S.C. 2671 et seq.).
SEC. 8. FUTURE BENEFITS.
After purchase of the Project, the State shall not be entitled to
receive any benefits for the Project under Federal reclamation law (the
Act of June 17, 1902 (32 Stat. 388, chapter 1093)), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). | Directs the State, as a condition of conveyance, to pay the Secretary the adjusted net present value of current repayment obligations on the Project as well as interest. Extinguishes the State's obligation under a specified Bureau of Reclamation contract upon payment of such amount. Requires the State to bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. Requires State payments to the Secretary to be credited to the Reclamation Fund in the Treasury.
Requires, as a condition of the conveyance, that: (1) the State agree that Project lands, water, and facilities shall continue to be managed and operated for the purposes for which the Project was originally authorized; and (2) management actions affecting the public aspects of the Project be conducted according to a management agreement between recipients of title to the Project and the Texas Parks and Wildlife Department approved by the Secretary. Assigns to the State all U.S. surface use obligations associated with the Project.
Makes the State, after purchase of the Project, ineligible to receive any benefits for the Project under Federal reclamation law. | {"src": "billsum_train", "title": "Palmetto Bend Conveyance Act"} | 1,256 | 249 | 0.6047 | 1.959217 | 0.743029 | 5.193396 | 5.386792 | 0.929245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens and Legal Immigration
Act''.
SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``(statutory or nonstatutory), including
section 2241 of title 28, United States Code,
or any other habeas corpus provision, and
sections 1361 and 1651 of such title'' after
``Notwithstanding any other provision of law'';
(ii) in each of subparagraphs (B) and (C),
by inserting ``(statutory or nonstatutory),
including section 2241 of title 28, United
States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such
title, and except as provided in subparagraph
(D)'' after ``Notwithstanding any other
provision of law''; and
(iii) by adding at the end the following:
``(D) Judicial review of certain legal claims.--
Nothing in subparagraph (B) or (C) shall be construed
as precluding review of constitutional claims or pure
questions of law raised upon a petition for review
filed with an appropriate court of appeals in
accordance with this section.''; and
(B) by adding at the end the following:
``(4) Claims under the united nations convention.--
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and sections
1361 and 1651 of such title, a petition for review filed with
an appropriate court of appeals in accordance with this section
shall be the sole and exclusive means for judicial review of
any cause or claim under the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman, or Degrading
Treatment or Punishment, except as provided in subsection (e).
``(5) Exclusive means of review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including section
2241 of title 28, United States Code, or any other habeas
corpus provision, and sections 1361 and 1651 of such title, a
petition for review filed with an appropriate court of appeals
in accordance with this section shall be the sole and exclusive
means for judicial review of an order of removal entered or
issued under any provision of this Act, except as provided in
subsection (e). For purposes of this Act, in every provision
that limits or eliminates judicial review or jurisdiction to
review, the terms `judicial review' and `jurisdiction to
review' include habeas corpus review pursuant to section 2241
of title 28, United States Code, or any other habeas corpus
provision, sections 1361 and 1651 of such title, and review
pursuant to any other provision of law (statutory or
nonstatutory).'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by inserting ``pursuant to
subsection (f)'' after ``unless''; and
(B) in paragraph (9), by adding at the end the
following: ``Except as otherwise provided in this
section, no court shall have jurisdiction, by habeas
corpus under section 2241 of title 28, United States
Code, or any other habeas corpus provision, by section
1361 or 1651 of such title, or by any other provision
of law (statutory or nonstatutory), to review such an
order or such questions of law or fact.''; and
(3) in subsection (g), by inserting ``(statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and sections
1361 and 1651 of such title'' after ``notwithstanding any other
provision of law''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect upon the date of the enactment of this Act and shall apply
to cases in which the final administrative removal order was issued
before, on, or after the date of the enactment of this Act.
(c) Transfer of Cases.--If an alien's case, brought under section
2241 of title 28, United States Code, and challenging a final
administrative removal order, is pending in a district court on the
date of the enactment of this Act, then the district court shall
transfer the case (or the part of the case that challenges the removal
order) to the court of appeals for the circuit in which a petition for
review could have been properly filed under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252), as amended by this
section. The court of appeals shall treat the transferred case as if it
had been filed pursuant to a petition for review under such section
242, except that subsection (b)(1) of such section shall not apply. | Citizens and Legal Immigration Act - Amends the Immigration and Nationality Act (INA) to bar inadmissible arriving aliens from seeking judicial review of removal orders through habeas corpus, mandamus, or other extraordinary petitions.
Imposes a similar bar on denials of discretionary relief and orders against criminal aliens with an exception for petitions for review concerning constitutional claims or pure questions of law.
Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to modify provisions relating to judicial review of orders of removal."} | 1,133 | 149 | 0.527911 | 1.465976 | 0.690174 | 2.727273 | 9.390909 | 0.727273 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Fire Safe Cigarette Act of 2002''.
SEC. 2. FIRE SAFETY STANDARD.
The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is
amended--
(1) in section 3(a)(1)(B) (15 U.S.C. 2052(a)(1)(B)) by
inserting ``, except as provided in section 7A'' before the
semicolon; and
(2) by adding after section 7 (15 U.S.C. 2056) the
following:
``fire safety standard
``Sec. 7A. (a) Consumer Product Safety Rule.--Not later than 18
months after the date of enactment of this section, the Commission
shall by rule issue a consumer product safety standard for cigarettes
to reduce the risk of fire. In establishing the standard, the
Commission shall do the following:
``(1) Use the testing methodology for determining ignition
propensity of cigarettes referenced in `Relative Ignition
Propensity of Test Market Cigarettes--National Institute of
Standards and Technology--NIST Technical Note 1436, January,
2001--Appendix D: Cigarette Extinction Method', with the
modifications and specifications described in this subsection.
Testing shall be conducted on 3 layers of filter paper, as
described in the referenced test method. Forty replicate tests
shall be required to comprise a complete test trial for each
cigarette tested. Test results and the application of pass/fail
criteria shall be derived only for complete test trials
comprised of at least 40 replicate individual tests.
``(2) Establish the following ignition propensity
performance requirement for cigarettes using such methodology:
A test failure shall consist of more than 50 percent of the
cigarettes tested in a test trial failing to self-extinguish
prior to burning the full length of the tobacco column.
``(3) For cigarette designs that cannot be tested using the
specified method because of unique or nontraditional
characteristics, the Commission shall accept test methods and
acceptance criteria that are proposed by manufacturers when the
cigarette with unique or nontraditional characteristics is
found by the Commission, after review of the application of the
test method and acceptance criteria, to have an equivalent or
lesser ignition propensity. In establishing the standard for
cigarettes, the Commission shall have the authority to regulate
the ignition propensity of cigarette paper for roll-your-own
tobacco products.
``(b) Revision of Rule.--If the sponsor of the referenced test
method revises it in any material respect, the sponsor shall notify the
Consumer Product Safety Commission of the revision and the revision may
be incorporated in the consumer product safety rule under subsection
(a) if the Commission determines that such revision is in the public
interest. The Commission is also authorized to revise the rule,
including the performance requirements specified in subsection (a)(2),
in whole or in part, without regard to the referenced test method, if
it finds that compliance with such revision is technically feasible and
provides a higher degree of protection from fire ignited by cigarettes.
``(c) Manufacturers.--Manufacturers of cigarettes shall identify
for the Commission any measures the manufacturers will take to meet the
consumer product safety standard for cigarettes promulgated by the
Commission. Based on information that shall be submitted by the
manufacturers of cigarettes and other appropriate information available
to the Commission, the Commission shall determine whether each such
measure does or does not increase the toxicity of cigarettes. No
cigarette shall be deemed to meet such standard unless the Commission
has determined that the measures taken by the manufacturer of such
cigarette to meet the standard do not increase the toxicity of the
cigarette.
``(d) Procedures.--The Commission shall promulgate the standard
under subsections (a) and (b) in accordance with section 553 of title
5, United States Code, and shall--
``(1) consult with the National Institute of Standards and
Technology, the American Society of Testing and Materials, and
the National Fire Protection Association, and seek the advice
and expertise of other Federal and State agencies; and
``(2) take into account all findings in the final report to
the Congress made by the Commission, in consultation with the
Technical Advisory Group established under section 3 of the
Fire Safe Cigarette Act of 1990 (15 U.S.C. 2054 note), in which
it was found that cigarettes with a low ignition propensity are
already on the market.
``(e) Stockpiling.--The Commission shall include in the standard a
prohibition of stockpiling of cigarettes to which such standard will
apply. For purposes of this subsection, the term `stockpiling' means
the manufacturing or importing of a cigarette which would not comply
with such standard between the date such standard is promulgated under
subsection (a) and the date the standard is to take effect at a rate
greater than the rate that cigarettes were manufactured or imported for
the 1-year period ending on the date such standard was promulgated.
``(f) Inapplicable.--The following shall not apply to the
promulgation of a standard under subsections (a) and (b):
``(1) Sections 7, 8, 9, 11, and 12 of this Act.
``(2) Chapter 6 of title 5, United States Code.
``(3) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(4) The Small Business Regulatory Enforcement Fairness
Act of 1996 (Public Law 104-121) and the amendments made by
such Act.
``(g) Consumer Product.--The standard promulgated under this
section shall be a consumer product safety standard promulgated under
this Act. A cigarette shall be deemed a `consumer product' under
section 3(a)(1)(B) only for the purpose of enforcing compliance with
this section and the standard promulgated under this section and with
respect to section 26 of this Act.
``(h) Limit on Jurisdiction.--Except as expressly provided in this
section and in section 3(a)(1)(B), the Commission shall have no
jurisdiction over tobacco or tobacco products.
``(i) Definitions.--For purposes of this section--
``(1) the term `cigarette' has the meaning prescribed by
section 3(1) of the Federal Cigarette Labeling and Advertising
Act (15 U.S.C. 1332(1)); and
``(2) the term `cigarette paper' has the meaning prescribed
by section 5702(e) of the Internal Revenue Code of 1986.
``(j) Modification of Law.--Nothing in this Act nor the application
of this Act to tobacco products shall be construed to modify any
provision of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1331 et seq.).
``(k) Effective Date.--The Commission shall prescribe the effective
date of the consumer product safety standard promulgated for cigarettes
except that such date shall be at least 180 days and no more than 12
months after the date of the promulgation of the standard unless the
Commission, for good cause shown, determines that an earlier effective
date is in the public interest.''. | Fire Safe Cigarette Act of 2002 - Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to prescribe a consumer product fire safety standard to reduce the risk of fire from cigarettes.Prescribes testing methodology. Authorizes the Commission to regulate the ignition propensity of cigarette paper for roll-your-own tobacco products when it sets such standards.Instructs the Commission to include in such standard a proscription against the stockpiling of cigarettes to which the fire safety standards will apply.Denies the Commission any jurisdiction over tobacco or tobacco products. | {"src": "billsum_train", "title": "To amend the Consumer Product Safety Act to provide for fire safety standards for cigarettes."} | 1,588 | 123 | 0.523426 | 1.331412 | 0.587883 | 4.118812 | 14.079208 | 0.910891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``March of Dimes Commemorative Coin
Act of 2012''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) President Franklin Roosevelt's personal struggle with polio
led him to create the National Foundation for Infantile Paralysis
(now known as the March of Dimes) on January 3, 1938, at a time
when polio was on the rise.
(2) The Foundation established patient aid programs and funded
research for polio vaccines developed by Jonas Salk, MD, and Albert
Sabin, MD.
(3) Tested in a massive field trial in 1954 that involved 1.8
million schoolchildren known as ``polio pioneers'', the Salk
vaccine was licensed for use on April 12, 1955 as ``safe,
effective, and potent''. The Salk and Sabin polio vaccines funded
by the March of Dimes ended the polio epidemic in the United
States.
(4) With its original mission accomplished, the Foundation
turned its focus to preventing birth defects, prematurity, and
infant mortality in 1958. The Foundation began to fund research
into the genetic, prenatal, and environmental causes of over 3,000
birth defects.
(5) The Foundation's investment in research has led to 13
scientists winning the Nobel Prize since 1954, including Dr. James
Watson's discovery of the double helix.
(6) Virginia Apgar, MD, creator of the Apgar Score, helped
develop the Foundation's mission for birth defects prevention;
joining the Foundation as the head of its new birth defects
division in 1959.
(7) In the 1960s, the Foundation created over 100 birth defects
treatment centers, and then turned its attention to assisting in
the development of Neonatal Intensive Care Units, or NICUs.
(8) With March of Dimes support, a Committee on Perinatal
Health released Toward Improving the Outcome of Pregnancy in 1976,
which included recommendations that led to the regionalization of
perinatal health care in the United States.
(9) Since 1998, the March of Dimes has advocated for and
witnessed the passage of the Birth Defects Prevention Act,
Children's Health Act, PREEMIE Act, and Newborn Screening Save
Lives Act.
(10) In 2003, the March of Dimes launched a Prematurity
Campaign to increase awareness about and reduce the incidence of
preterm birth, infant mortality, birth defects, and lifelong
disabilities and disorders.
(11) The March of Dimes actively promotes programs for and
funds research into newborn screening, pulmonary surfactant
therapy, maternal nutrition, smoking cessation, folic acid
consumption to prevent neural tube defects, increased access to
maternity care, and similar programs to improve maternal and infant
health.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In recognition and celebration of the
founding and proud service of the March of Dimes, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue not more than 500,000 $1 coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of 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 mission and programs of the March of
Dimes, and its distinguished record of generating Americans'
support to protect our children's health.
(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 ``2015''; 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--
(1) contain motifs that represent the past, present, and future
of the March of Dimes and its role as champion for all babies, such
designs to be consistent with the traditions and heritage of the
March of Dimes;
(2) be selected by the Secretary, after consultation with the
March of Dimes and the Commission of Fine Arts; and
(3) be reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--For the coins minted under this Act, at least 1
facility of the United States Mint shall be used to strike proof
quality coins, while at least 1 other such facility shall be used to
strike the uncirculated quality coins.
(c) Period for Issuance.--The Secretary of the Treasury may issue
coins minted under this Act only during the 1-year period beginning on
January 1, 2015.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include 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 promptly paid by the Secretary to
the March of Dimes to help finance research, education, and services
aimed at improving the health of women, infants, and children.
(c) Audits.--The March of Dimes shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | March of Dimes Commemorative Coin Act of 2012 - Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 silver coins emblematic of the mission and programs of the March of Dimes. Requires the design of the coins to be emblematic of the mission and programs of the March of Dimes and its record of generating Americans' support to protect our children's health.
Permits issuance of such coins only during the one-year period beginning on January 1, 2015.
Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children.
Subjects the March of Dimes to federal audit requirements.
Instructs the Secretary to take necessary action to ensure that: (1) minting and issuing coins under this Act will not result in any net cost to the federal government; and (2) no funds, including applicable surcharges, shall be disbursed to March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children until the total cost of designing and issuing the coins authorized by this Act is recovered by the Treasury. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in recognition and celebration of the 75th anniversary of the establishment of the March of Dimes Foundation."} | 1,935 | 271 | 0.450276 | 1.459555 | 0.719062 | 7.037344 | 7.298755 | 0.937759 |
SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL
SHELF.
(a) Purposes.--The purposes of this section are as follows:
(1) To protect the economic and land use interests of the
Federal Government in the management of the Outer Continental
Shelf for energy-related and certain other purposes.
(2) To provide an administrative framework for the
oversight and management of energy-related activities on the
Outer Continental Shelf, consistent with other applicable laws.
(3) To expedite projects to increase the production,
transmission, or conservation of energy on the Outer
Continental Shelf.
(4) To provide for interagency coordination in the siting
and permitting of energy-related activities on the Outer
Continental Shelf.
(5) To ensure that energy-related activities on the Outer
Continental Shelf are conducted in a manner that provides for
safety, protection of the environment, prevention of waste,
conservation of natural resources, the protection of
correlative rights, and protection of national security
interests.
(6) To authorize alternate uses of existing structures and
facilities previously permitted under the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 note).
(7) To ensure that the Federal Government receives a fair
return for any easement or right-of-way granted under section
8(p) of the Outer Continental Shelf Lands Act.
(b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by
adding at the end the following new subsection:
``(p) Easements or Rights-of-Way for Energy and Related Purposes.--
``(1) The Secretary, in consultation with the Secretary of
the Department in which the Coast Guard is operating and other
relevant departments and agencies of the Federal government,
may grant an easement or right-of-way on the outer Continental
Shelf for activities not otherwise authorized in this Act, the
Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the
Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et
seq.), or other applicable law when such activities--
``(A) support exploration, development, production,
transportation, or storage of oil, natural gas, or
other minerals;
``(B) produce or support production,
transportation, or transmission of energy from sources
other than oil and gas; or
``(C) use facilities currently or previously used
for activities authorized under this Act.
``(2)(A) The Secretary shall establish reasonable forms of
annual or one-time payments for any easement or right-of-way
granted under this subsection. Such payments shall not be
assessed on the basis of throughput or production. The
Secretary may establish fees, rentals, bonus, or other payments
by rule or by agreement with the party to whom the easement or
right-of-way is granted.
``(B) Before exercising the authority granted under this
subsection, the Secretary shall consult with the Secretary of
Defense and other appropriate agencies concerning issues
related to national security and navigational obstruction.
``(C) The Secretary is authorized to issue an easement or
right-of-way for energy and related purposes as described in
paragraph (1) on a competitive or noncompetitive basis. In
determining whether such easement or right-of-way shall be
granted competitively or noncompetitively, the Secretary shall
consider such factors as prevention of waste and conservation
of natural resources, the economic viability of an energy
project, protection of the environment, the national interest,
national security, human safety, protection of correlative
rights, and the potential return for the easement or right-of-
way.
``(3) The Secretary, in consultation with the Secretary of
the Department in which the Coast Guard is operating and other
relevant departments and agencies of the Federal Government and
affected States, shall prescribe any necessary regulations to
assure safety, protection of the environment, prevention of
waste, and conservation of the natural resources of the outer
Continental Shelf, protection of national security interests,
and the protection of correlative rights therein.
``(4) The Secretary shall require the holder of an easement
or right-of-way granted under this subsection to furnish a
surety bond or other form of security, as prescribed by the
Secretary, and to comply with such other requirements as the
Secretary may deem necessary to protect the interests of the
United States.
``(5) Nothing in this subsection shall be construed to
displace, supersede, limit, or modify the jurisdiction,
responsibility, or authority of any Federal or State agency
under any other Federal law.
``(6) This subsection shall not apply to any area on the
outer Continental Shelf designated as a National Marine
Sanctuary.''.
(c) Conforming Amendment.--The text of the heading for section 8 of
the Outer Continental Shelf Lands Act is amended to read as follows:
``Leases, Easements, and Rights-of-Way on the Outer Continental
Shelf.''. | Amends the Outer Continental Shelf Lands Act to permit easements or rights-of-way for energy and related purposes on the Outer Continental Shelf for activities otherwise proscribed by the Act (as well as the Deepwater Port Act of 1974 and the Ocean Thermal Energy Conversion Act of 1980) when such activities: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; and (2) produce or support production, transportation, or transmission of energy from sources other than oil and gas. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant easements and rights-of-way on the Outer Continental Shelf for activities otherwise authorized by that Act."} | 1,091 | 111 | 0.674573 | 1.748632 | 1.110364 | 5.730769 | 10.086538 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Liability Recovery
Protection Act of 2000''.
SEC. 2. PATIENT PROTECTION IN CASE OF THIRD PARTY RECOVERIES.
(a) Group Health Plans.--
(1) Public health service act amendments.--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. STANDARD RELATING TO PATIENT PROTECTION IN CASE OF THIRD
PARTY RECOVERIES.
``(a) Requirement.--A group health plan, and a health insurance
issuer offering group health insurance coverage, may not recover (or
seek to recover) from a participant or beneficiary more than the
amounts expended by the plan or issuer on behalf of the participant or
beneficiary in the case of amounts recovered by such a participant or
beneficiary as a result of a settlement or judgment in a liability or
other action.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) 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.''.
(2) ERISA amendments.--(A) 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. STANDARD RELATING TO PATIENT PROTECTION IN CASE OF THIRD
PARTY RECOVERIES.
``(a) Requirement.--A group health plan, and a health insurance
issuer offering group health insurance coverage, may not recover (or
seek to recover) from a participant or beneficiary more than the
amounts expended by the plan or issuer on behalf of the participant or
beneficiary in the case of amounts recovered by such a participant or
beneficiary as a result of a settlement or judgment in a liability or
other action.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement 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 requirement apply.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) 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. Standard relating to patient protection in case of third
party recoveries.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Standard relating to patient
protection in case of third
party recoveries.''; and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. STANDARD RELATING TO PATIENT PROTECTION IN CASE OF THIRD
PARTY RECOVERIES.
``A group health plan may not recover (or seek to recover) from a
participant or beneficiary more than the amounts expended by the plan
on behalf of the participant or beneficiary in the case of amounts
recovered by such a participant or beneficiary as a result of a
settlement or judgment in a liability or other action.''.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING PATIENT PROTECTION IN CASE OF THIRD
PARTY RECOVERIES.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply 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(b) 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) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2001.
(2) Individual health insurance coverage.--The amendment
made by subsection (b) applies with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--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 subsection (a) 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 subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Amends the PHSA to apply the preceding prohibition to health insurance coverage offered by an issuer in the individual market in the same manner as it is applied to group health plan coverage in the group market.
Provides for coordination between the Secretaries of Labor, Treasury, and Health and Human Services with respect to administration of this Act. | {"src": "billsum_train", "title": "Health Insurance Liability Recovery Protection Act of 2000"} | 1,622 | 71 | 0.465593 | 1.152121 | 0.195073 | 2.619048 | 22.15873 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 3 Modernization and
Improvement Act of 2015''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) funds administered by the Department of Housing and
Urban Development, particularly those intended for housing
construction, rehabilitation, repair, modernization,
management, self-sufficiency, community development, and other
public construction, provide State and local governments,
housing providers, and other recipients of this Federal
financial assistance with substantial funds for projects and
activities that produce significant economic opportunities for
the communities where the funds are expended;
(2) low- and very low-income persons, especially recipients
of government assistance for housing, often face barriers to
access training, employment, and contracting opportunities
resulting from the expenditure of Federal funds in their
communities;
(3) training, employment, and contracting opportunities
generated by projects and activities that receive assistance
from the Department of Housing and Urban Development offer an
effective means of empowering low- and very low-income persons
and local businesses that provide training and job
opportunities for such persons;
(4) past Federal efforts to direct training, employment,
and contracting opportunities generated by programs
administered by the Secretary of Housing and Urban Development
to low- and very low-income persons, and businesses that
provide training and job opportunities for such persons, have
not been fully effective and should be intensified; and
(5) funding provided to other Federal agencies may also
produce significant employment and contracting opportunities
for the communities where the funds are expended.
SEC. 3. REPORTING; SANCTIONS FOR NONCOMPLIANCE.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) by redesignating subsection (g) as subsection (k); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Reports.--
``(1) Recipient reports to hud.--
``(A) Requirement.--Each recipient of assistance
referred to in subsection (c) or (d) (in this section
referred to as a `recipient') shall report annually to
the Secretary on their compliance with the employment
and contracting requirements and on their contractors
and subcontractors performance. Recipients shall ensure
that their contractors and subcontractors provide them
with any information necessary to make such reports.
``(B) Information regarding failure to meet
employment and contracting requirement.--For any period
during which a recipient, or their contractor or
subcontractor, did not meet their employment or
contracting requirement under subsection (c) or (d),
the report shall describe actions that were taken to
meet the requirement, including actions taken or that
will be taken in future funding opportunities to
address the deficiencies in the actions that resulted
in failure to meet employment and contracting
requirements.
``(C) Monthly reports by subrecipients.--Each
recipient shall require any entity that is a
subrecipient of such recipient for assistance referred
to in subsection (c) or (d) to submit a report to such
recipient monthly containing such information as the
Secretary shall require to ensure that the recipient
can comply with this paragraph.
``(D) Public availability.--Each report pursuant to
this paragraph (including reports under subparagraph
(C)) shall be made publicly available, in its entirety,
not later than 15 business days after the end of the
period covered by the report. Such availability shall
include posting reports on a publicly accessible
website on the World Wide Web and making printed and
electronic copies publicly available upon request at no
charge.
``(2) Annual hud reports to congress.--
``(A) Requirement.--The Secretary shall submit a
report annually to the Congress that provides a summary
of the information contained in the reports submitted
pursuant to paragraph (1). Such annual report shall
provide information on the total amount of Federal
funds that are subject to this section, by program area
and geographical jurisdiction, and the outcomes
produced, including specific information on the amount
of training, jobs, and contracting opportunities
generated by such funds.
``(B) Assessment of noncompliance.--Each report
under this paragraph shall include--
``(i) an assessment of any noncompliance by
any recipients with the requirements of this
section, by State;
``(ii) specific recommendations regarding
actions to reduce and eliminate such
noncompliance; and
``(iii) any sanctions imposed pursuant to
subsection (h) for such noncompliance.
``(C) Review of effectiveness.--Each report under
this paragraph shall include a review of the
effectiveness of the program under this section in
providing jobs for low- and very low-income persons,
meeting unmet training and job readiness needs in the
community, enabling low- and very low-income persons to
hold a steady job, providing contracting opportunities
for businesses that qualify for priority under
paragraphs (1)(B) and (2)(B) of subsection (d), and any
recommendations the Secretary determines appropriate
regarding the program under this section.
``(3) GAO report.--Not later than the expiration of the
two-year period beginning on the date of the enactment of the
Section 3 Modernization and Improvement Act of 2015, the
Comptroller General of the United States shall submit a report
to the Congress regarding the implementation of this section
(as amended by such Act), that--
``(A) specifically describes the extent of
compliance with this section, the amount of funds
awarded that were covered by this section, and
outcomes; and
``(B) makes recommendations to improve the
effectiveness of this section and for when a subsequent
such report should be required.
``(h) Noncompliance.--
``(1) Investigation and determination.--In carrying out
this section, the Secretary shall develop and implement
procedures to assess compliance with the requirements of this
section, to review complaints alleging noncompliance by any
recipient or contractor with the requirements of this section,
to make determinations as to whether such noncompliance has
occurred, and to take such actions as provided in this
subsection as the Secretary determines appropriate to ensure
compliance and prevent future noncompliance.
``(2) Timely assessment.--The procedures required under
paragraph (1) shall include measures that ensure that
recipients and contractors are in compliance with the
requirements of this section during the use of assistance
referred to in subsection (c) or (d), including a requirement
to report to the Secretary regarding compliance on a monthly
basis and a requirement that the Secretary assess compliance by
each recipient and contractor not less frequently than once
every 3 months.
``(3) Sanctions.--
``(A) Establishment.--The Secretary shall develop
and implement policies and procedures for imposition of
a series of administrative sanctions, graduated in
severity, which shall be applied to recipients and
their contractors and subcontractors that are
determined do not comply with this section or the
requirements established under the program under this
section.
``(B) Automatic sanctions.--Such sanctions shall
include certain measures, or a series of measures, that
are applied in all instances of a determination of a
failure to comply with certain requirements of this
section or with certain requirements established under
this program under this section, and shall not be
subject to any discretion on the part of the Secretary
as to whether to apply such measure or measures.
``(C) Actions.--Such sanctions shall include--
``(i) requiring a recipient to enter into a
compliance agreement with the Secretary is
specifically designed to bring the recipient
into compliance and provide for the creation of
additional employment opportunities and, if
such recipient refuses to enter into such
agreement, recapture by the Secretary, from
amounts provided to the recipient that were
subject to this section, of an amount equal to
the amount that was required under this section
to be used to give low- and very low-income
persons training and employment opportunities
or economic opportunities but was not so used;
``(ii) reduction of future funds from the
Department, including any discretionary funds
available under the Choice Neighborhoods
Initiative under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v)
and the rental assistance demonstration program
(as such term is defined in subsection (e) of
this section);
``(iii) debarment and suspension from, and
limited denial of participation in programs of
the Department; and
``(iv) such other sanctions as the
Secretary determines appropriate to discourage
noncompliance.''.
SEC. 4. COVERAGE OF RENTAL ASSISTANCE DEMONSTRATION PROPERTIES.
(a) Employment.--Subsection (c) of section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u(c)) is amended--
(1) in paragraph (2), by inserting before the first comma
the following: ``(not including the rental assistance
demonstration program)''; and
(2) by adding at the end the following new paragraph:
``(3) Rental assistance demonstration program.--
``(A) In general.--The Secretary shall require that
public housing agencies and owners of multifamily
properties assisted under the rental assistance
demonstration program, and their contractors and
subcontractors, make their best efforts, consistent
with existing Federal, State, and local laws and
regulations, to give to low- and very low-income
persons all the training and employment opportunities
generated by or in such properties, including such
opportunities not involving property construction or
rehabilitation (which shall include opportunities
involving administration, management, service, and
maintenance) and including such opportunities generated
by assistance provided under the rental assistance
demonstration program.
``(B) Priority.--The efforts required under
subparagraph (A) shall be directed in the following
order of priority:
``(i) To residents of the housing
developments for which the assistance is
expended.
``(ii) To residents of other developments
managed by the public housing agency, if
applicable, that is expending the assistance.
``(iii) To participants in YouthBuild
programs receiving assistance under section 171
of the Workforce Innovation and Opportunity
Act.
``(iv) To other low- and very low-income
persons residing within the metropolitan area
(or nonmetropolitan county) in which the
assistance is expended.''.
(b) Contracting.--Subsection (d) of section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u(d)) is amended--
(1) in paragraph (2), by inserting before the first comma
the following: ``(not including the rental assistance
demonstration program)''; and
(2) by adding at the end the following new paragraph:
``(3) Rental assistance demonstration program.--
``(A) In general.--The Secretary shall require that
public housing agencies and owners of multifamily
properties assisted under the rental assistance
demonstration program, and their contractors and
subcontractors, make their best efforts, consistent
with existing Federal, State, and local laws and
regulations, to award contracts for work to be
performed in connection with such properties, including
work that does not involve property construction or
rehabilitation (which shall include administration,
management, service, and maintenance work) and
including work in connection assistance provided under
the rental assistance demonstration program, to
business concerns that provide economic opportunities
for low- and very low-income persons.
``(B) Priority.--The efforts required under
subparagraph (A) shall be directed in the following
order of priority:
``(i) To business concerns that provide
economic opportunities for residents of the
housing development for which the assistance is
provided.
``(ii) To business concerns that provide
economic opportunities for residents of other
housing developments operated by the public
housing agency, if applicable, that is
providing the assistance.
``(iii) To YouthBuild programs receiving
assistance under section 171 of the Workforce
Innovation and Opportunity Act.
``(iv) To business concerns that provide
economic opportunities for low- and very low-
income persons residing within the metropolitan
area (or nonmetropolitan county) in which the
assistance is provided.''.
(c) Definition.--Subsection (e) of section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u(e)) is amended by adding
at the end the following new paragraph:
``(3) Rental assistance demonstration program.--The term
`rental assistance demonstration program' means the
demonstration program of the Secretary of Housing and Urban
Development conducted pursuant to the heading `Rental
Assistance Demonstration' in title II of the Transportation,
Housing and Urban Development, and Related Agencies
Appropriations Act, 2012 (division C of Public Law 112-55; 125
Stat. 673), as amended.''. | Section 3 Modernization and Improvement Act of 2015 This bill amends the Housing and Urban Development Act of 1968 to revise the Department of Housing and Urban Development (HUD) program for economic opportunities for low- and very low-income persons. Public and Indian housing agencies that receive HUD development assistance, operating assistance, or modernization grants provided under the program (recipients) must report annually to HUD on their compliance with employment and contracting requirements and on the performance of their contractors and subcontractors. HUD must develop and implement policies and procedures for imposing a series of administrative sanctions, graduated in severity, on recipients and their contractors and subcontractors for noncompliance with this Act or the program's requirements. The HUD rental assistance program is exempted from requirements that: opportunities for training and employment in connection with a housing rehabilitation, housing construction, or other public construction project be given to low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the project is located; and contracts awarded for work in connection with such projects be given to businesses providing economic opportunities for such persons in those areas in which the assistance is expended. HUD shall require that public housing agencies (PHAs) and owners of multifamily properties assisted under the rental assistance program, and their contractors and subcontractors, make their best efforts to give low- and very low-income persons all the training and employment opportunities generated by or in such properties, including opportunities: (1) not involving property construction or rehabilitation; and (2) generated by assistance provided under the program. HUD must also require that such PHAs and owners award work contracts in connection with these properties to businesses that provide economic opportunities for low- and very low-income persons. | {"src": "billsum_train", "title": "Section 3 Modernization and Improvement Act of 2015"} | 2,767 | 373 | 0.722875 | 2.31156 | 0.919715 | 3.754545 | 8.009091 | 0.930303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Driver Licensing and Education
Improvement Act of 2005''.
SEC. 2. DRIVER LICENSING AND EDUCATION.
(a) National Driver Licensing and Education Improvement Program.--
Section 105 of title 49, United States Code, is amended by adding at
the end the following:
``(f)(1) There is established, within the National Highway Traffic
Safety Administration, the National Driver Licensing and Education
Improvement Program.
``(2) The National Driver Licensing and Education Improvement
Program shall--
``(A) provide States with services for coordinating the
motor vehicle driver education and licensing programs of the
States;
``(B) develop, and make available to the States, a
cooperatively developed, research-based model for novice driver
motor vehicle driver education and graduated licensing that
incorporates the best practices in driver education and
graduated licensing;
``(C) carry out such research and undertake such other
activities that the Administrator determines appropriate to
develop and continually improve the model described in
subparagraph (B);
``(D) provide States with voluntary technical assistance
for the implementation and deployment of the model described in
subparagraph (B) through pilot programs and other means;
``(E) develop and recommend to the States methods for
harmonizing the presentation of motor vehicle driver education
and licensing with the requirements of multistage graduated
licensing systems, including systems described in section
410(b)(1)(D) of title 23, and to demonstrate and evaluate the
effectiveness of those methods in selected States;
``(F) develop programs identifying best practices for the
certification of driver education instructors;
``(G) provide States with financial assistance under
section 412 of title 23 for--
``(i) the implementation of the motor vehicle
driver education and licensing comprehensive model
recommended under subparagraph (B);
``(ii) the establishment or improved administration
of multistage graduated licensing systems; and
``(iii) the support of other improvements in motor
vehicle driver education and licensing programs;
``(H) evaluate the effectiveness of the comprehensive model
recommended under subparagraph (B); and
``(I) perform such other functions relating to motor
vehicle driver education or licensing as the Secretary may
require.
``(3) Not later than 3 years after the date of enactment of the
Driver Licensing and Education Improvement Act of 2005, the
Administrator shall submit to Congress a report on the progress made by
the National Driver Licensing and Education with respect to the
functions described in paragraph (2).''.
(b) Grant Program for Improvement of Driver Education and
Licensing.--
(1) Authority.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 412. Driver education and licensing
``(a) Authority.--
``(1) In general.--The Secretary shall establish a program
to provide grants to States to--
``(A) improve motor vehicle driver education
programs; and
``(B) establish and improve the administration of
graduated licensing systems, including systems
described in section 410(b)(1)(D).
``(2) Program administration.--The Secretary shall
administer the program established under this section through
the National Driver Licensing and Education Improvement
Program.
``(b) Rulemaking.--
``(1) Eligibility requirements.--Not later than 18 months
after the date of enactment of this section, the Secretary
shall issue regulations, which describe the eligibility
requirements, application and approval procedures and
standards, and authorized uses of grant funds awarded under
this section.
``(2) Use of funds.--The regulations issued under this
subsection shall authorize the use of grant funds--
``(A) for quality assurance testing, including
followup testing to monitor the effectiveness of--
``(i) driver licensing and education
programs;
``(ii) instructor certification testing;
and
``(iii) other statistical research designed
to evaluate the performance of driver education
and licensing programs;
``(B) to improve motor vehicle driver education
curricula;
``(C) to train instructors for motor vehicle driver
education programs;
``(D) to test and evaluate motor vehicle driver
performance;
``(E) for public education and outreach regarding
motor vehicle driver education and licensing; and
``(F) to improve State graduated licensing programs
and carry out related enforcement activities.
``(3) Consultation requirement.--In prescribing regulations
under this subsection, the Secretary shall consult with--
``(A) the heads of such Federal departments and
agencies as the Secretary considers appropriate on the
basis of relevant interests or expertise;
``(B) appropriate officials of the governments of
States and political subdivisions of States; and
``(C) other experts and organizations recognized
for expertise, with respect to novice drivers, in--
``(i) graduated driver licensing;
``(ii) publicly administered driver
education; or
``(iii) privately administered driver
education.
``(c) Matching Requirement.--The amount of grant funds awarded for
a program, project, or activity under this section may not exceed 75
percent of the total cost of such program, project, or activity.
``(d) Prohibited Activities.--Grant funds provided to States under
this section may not be used to finance--
``(1) the day-to-day operational expenses, including
employee salaries and facilities costs, of publicly or
privately administered driver education programs; or
``(2) the activities described in subparagraphs (A) through
(C) of subsection (b)(2) in fiscal year 2006 or 2007.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``412. Driver education and licensing.''.
(c) Study of National Driver Education Standards.--
(1) Requirement for study.--The Secretary of Transportation
shall conduct a study to determine whether the establishment
and imposition of nationwide minimum standards of motor vehicle
driver education would improve national highway traffic safety
or the performance and legal compliance of novice drivers.
(2) Time for completion of study.--The Secretary shall
complete the study not later than 2 years after the date of
enactment of this Act.
(3) Report.--The Secretary shall publish a report on the
results of the study under this section not later than 2 years
after the study is completed.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 2006 through 2010 to
carry out section 412 of title 23, United States Code, as added
by subsection (b).
(2) Availability.--Funds appropriated pursuant to paragraph
(1) for fiscal years 2006 and 2007 may be used for the National
Driver Licensing and Education Improvement Program established
under section 105(f) of title 49, United States Code.
(e) Grants for Support of Alcohol-Impaired Driving
Countermeasures.--
(1) Revised eligibility requirements.--Section 410(b)(1)(D)
of title 23, United States Code, is amended to read as follows:
``(D) Graduated licensing system.--A multiple-stage
graduated licensing system for young drivers that--
``(i) authorizes the issuance of an initial
license or learner's permit to a driver on or
after the driver's 16th birthday;
``(ii) makes it unlawful for a person under
age 21 to operate a motor vehicle with a blood
alcohol concentration of .02 percent or
greater;
``(iii) provides for a learning stage of at
least 6 months and an intermediate stage of at
least 6 months; and
``(iv) applies the following restrictions
and features to the stages described in clause
(iii) and to such other stage or stages as may
be provided under State law:
``(I) A restriction that not more
than 2 passengers under age 18 may
occupy a vehicle while it is being
operated by a young driver.
``(II) Nighttime driving
restrictions applicable, at a minimum,
during the hours between 10:00 p.m. and
5:00 a.m.
``(III) Special penalties
(including delays in progression
through the stages of the graduated
licensing system) for violations of
restrictions under the system and
violations of other State laws relating
to operation of motor vehicles.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 1 year after the date of enactment of this
Act. | Driver Licensing and Education Improvement Act of 2005 - Amends Federal transportation law to establish the National Driver Licensing and Education Improvement Program in the National Highway Traffic Safety Administration. Requires the Program, among other things, to provide States with services for coordinating State motor vehicle driver education and licensing programs.
Amends Federal highway law to direct the Secretary of Transportation to provide grants to States to: (1) improve motor vehicle driver education programs; and (2) establish and improve the administration of graduated licensing systems.
Directs the Secretary to conduct a study to determine whether the establishment and imposition of nationwide minimum standards of motor vehicle driver education would improve national highway traffic safety or the performance and legal compliance of novice drivers.
Modifies eligibility requirements for grants for support of alcohol-impaired driving countermeasures to require a multiple-stage graduated licensing system for young drivers that: (1) authorizes the issuance of an initial license or learner's permit to a driver on or after the driver's 16th birthday; (2) prohibits a person under age 21 with a blood alcohol concentration of .02 percent or greater from operating a motor vehicle; (3) provides for a learning stage and an intermediate stage of at least six months each; (4) limits the numbers of passengers under the age of 18 years old; (5) limits nighttime driving, and (6) applies special penalties for violations of system restrictions and of other State motor vehicle laws. | {"src": "billsum_train", "title": "A bill to improve driver licensing and education, and for other purposes."} | 1,880 | 303 | 0.625139 | 1.723038 | 0.829961 | 4.359712 | 6.453237 | 0.935252 |
SECTION 1. CLARIFICATION AND IMPROVEMENT OF INFORMATION FOR MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES ON UPGRADES OF
DISCHARGE.
(a) Required Notices.--
(1) Notice that upgrade is not automatic.--
(A) In general.--Each member of the Armed Forces
who is being considered for or processed for an
administrative or any other type of discharge shall
receive written notice that an upgrade in the
characterization of discharge will not automatically
result from review of the discharge by a board of
review under Section 1533 of title 10, United States
Code. The notice shall be dated and shall be provided
to the member at least 30 days prior to any deadline to
elect a particular characterization or type of
discharge or manner of processing.
(B) Related clarification.--The notice of discharge
issued to a member of the Armed Forces upon discharge
may not contain or include any information, references,
or other material that is inconsistent with the notice
required under subparagraph (A).
(2) Notice of right to obtain legal counsel.--
(A) In general.--The written notice required under
paragraph (1) shall also advise the member in bold
letters that the member has the right to meet with and
discuss his or her discharge options with military
legal counsel prior to electing a characterization or
type of discharge or manner of processing. The notice
must provide the name, rank, phone number, email
address, and physical address of the military legal
counsel responsible for providing legal advice to
members.
(B) Delay in processing.--Processing for the
discharge of a member of the Armed Forces cannot
proceed until the member has either met with military
legal counsel or elected in writing not to do so. A
member must be given at least 5 duty days after meeting
with military legal counsel to make an election
regarding characterization or type of discharge or
manner of processing.
(3) Acknowledgment of receipt of notice.--A member of the
Armed Forces receiving notices under paragraphs (1) and (2)
shall be required to acknowledge receipt of such notices by
placement of his or her initials or other identifying sign or
symbol next to the paragraph or paragraphs that contain such
notices. The member shall be provided with a copy of the
initialed notices, and a copy of such notices shall be retained
in any personnel or other files maintained on such member by
the Armed Forces.
(b) Enhancement of Information on Application for Upgrade of
Discharge.--Each Secretary concerned shall make available to the public
through an Internet website available to the public and by other
appropriate mechanisms, information on the means by which former
members of the Armed Forces under the jurisdiction of such Secretary
may apply for a review and upgrade of their discharge from the Armed
Forces under section 1553 of title 10, United States Code.
(c) Annual Reports on Actions by Boards of Review.--
(1) In general.--Each Secretary concerned shall, on an
annual basis, make available to the public information on the
reviews of discharge or dismissal undertaken under section 1553
of title 10, United States Code, by boards of review under the
jurisdiction of such Secretary during the preceding year. The
information shall include, for each Armed Force, the following:
(A) The number of motions for review received by
the boards of review during the year.
(B) The number of reviews conducted by the boards
of review during the year.
(C) The number of discharges upgraded as a result
of the reviews referred to in subparagraph (A), set
forth by aggregate number of discharges so upgraded and
by number of each type of discharge so upgraded.
(2) Protection of private information.--Each Secretary
concerned shall ensure that the information on reviews made
available to the public under paragraph (1) does not include
any personal information regarding the members of the Armed
Forces the discharges and dismissals of whom are the subject of
such reviews.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a) of title 10, United States Code.
SEC. 2. ENHANCEMENT OF NOTICE TO MEMBERS OF THE ARMED FORCES ON
CONSEQUENCES OF DISCHARGE STATUS FOR BENEFITS AND
SERVICES THROUGH THE FEDERAL GOVERNMENT.
(a) In General.--The Secretary of Defense shall take appropriate
actions to ensure that each member of the Armed Forces receives at the
time of discharge from the Armed Forces comprehensive information, in
writing, on the effect of the discharge status of such member on the
benefits and services available to such member through the Department
of Defense, the Department of Veterans Affairs, and any other
department or agency of the Federal Government providing benefits or
services to individuals in their status as former members of the Armed
Forces.
(b) Information on Upgrade of Discharge.--The information provided
pursuant to subsection (a) shall include the information described in
section 1(b).
SEC. 3. REQUIREMENT TO TEST MEMBERS OF THE ARMED FORCES FOR CERTAIN
INJURIES AND CONDITIONS BEFORE DISCHARGING FOR
PERSONALITY DISORDERS.
(a) Testing Requirement.--The Secretary of a military department
may not discharge from the Armed Forces for personality disorder any
member of the Armed Forces unless such member has undergone testing by
the Department of Defense for post-traumatic stress disorder, traumatic
brain injury, and any related mental health disorder or injury prior to
final action with respect to such discharge.
(b) Restrictions on Discharge for Personality Disorder.--The
Secretary of a military department may not discharge from the Armed
Forces for personality disorder a member of the Armed Forces determined
by the Secretary of Defense to suffer from post-traumatic stress
disorder, traumatic brain injury, or any related mental health disorder
or injury.
SEC. 4. WAIVER OF STATUTE OF LIMITATIONS APPLICABLE TO CERTAIN REVIEWS
OF DISCHARGES FOR PERSONALITY DISORDERS.
Section 1553(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``A motion or
request for review'' and inserting ``Except as provided in the
following sentence, a motion or request for review''; and
(2) by inserting after the second sentence the following:
``The Secretary of Defense shall waive the 15 year time limit
specified in the preceding sentence in the case of a motion or
request for review of a discharge for personality disorder of a
former member who has been diagnosed by the Secretary of
Veterans Affairs with post-traumatic stress disorder, traumatic
brain injury, or any related mental health disorder or
injury.''.
SEC. 5. APPLICABILITY.
Nothing in this Act or the amendments made by this Act shall be
construed to authorize or require the upgrade of a bad conduct
discharge or dishonorable discharge imposed on a member of the Armed
Forces as the result of a conviction by court-martial, unless the
conviction is overturned on appeal. | Requires: (1) each member of the Armed Forces being considered for any type of military discharge to receive written notice that an upgrade in the characterization of such discharge will not automatically result from review by a discharge review board; (2) such notice to also advise the member of the right to discuss discharge options with military legal counsel prior to electing a characterization or type of discharge; (3) each member to acknowledge receipt of such notice; and (4) each military department Secretary to annually make public information on discharge reviews.
Directs the Secretary of Defense to ensure that each member receives, at the time of discharge, comprehensive information on the effect of the discharge status of the member on benefits and services available through the Department of Defense (DOD), Department of Veterans Affairs (VA), or any other federal department or agency providing benefits to former members.
Prohibits the Secretary of a military department from discharging for a personality disorder a member: (1) unless the member has undergone testing by DOD for post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and any related mental health disorder or injury prior to a final action with respect to the discharge; or (2) determined by the Secretary to suffer from PTSD, TBI, or a related mental health disorder or injury.
Requires the Secretary to waive the 15-year time limit generally applicable to discharge reviews in the case of reviews of discharges for personality disorder of a former member who has been diagnosed with PTSD, TBI, or a related mental health disorder or injury. | {"src": "billsum_train", "title": "A bill to clarify and improve information for members and former members of the Armed Forces on upgrades of discharge, to prohibit personality disorder discharges in cases of post-traumatic stress disorder and traumatic brain injury, and for other purposes."} | 1,558 | 328 | 0.602484 | 1.962212 | 0.848152 | 3.465798 | 4.540717 | 0.95114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Foundation
Authorization Act of 1995.''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Director'' means the Director of the
Foundation;
(2) the term ``Foundation'' means the National Science
Foundation; and
(3) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other territory or possession
of the United States.
TITLE I--NATIONAL SCIENCE FOUNDATION AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Findings.--The Congress finds that--
(1) the programs of the Foundation are important for the
Nation to strengthen basic research and develop human resources
in science and engineering and that those programs should be
funded at an adequate level;
(2) the primary mission of the Foundation continues to be
the support of basic scientific research and science education
and the support of research fundamental to the engineering
process and engineering education;
(3) the Foundation's efforts to contribute to the economic
competitiveness of the United States should be in accord with
that primary mission; and
(4) it is in the national interest that all states and
regions of the country, including the Nation's rural and
sparsely populated states and regions, be encouraged to
contribute and participate in the federal science and
technology enterprise.
(b) Authorizations.--For each of fiscal years 1996, 1997, and 1998,
there are authorized to be appropriated to the Foundation the following
amounts for the accounts listed:
(1) Research and Related Activities, $2,294,000,000 (of
which $19,000,000 are authorized to be used for joint
activities between the Foundation's research directorates and
the Experimental Program to Stimulate Competitive Research,
including the pilot program authorized by section 102 of this
Act).
(2) Education and Human Resources Activities, $599,000,000
(of which $37,000,000 are authorized to be used for the
Experimental Program to Stimulate Competitive Research).
(3) Major Research Equipment, $70,000,000.
(4) Academic Research Facilities Modernization,
$100,000,000.
(5) Salaries and Expenses, $127,310,000.
(6) Office of Inspector General, $4,500,000.
(7) Headquarters Relocation, $5,200,000.
SEC. 102. PILOT PROGRAM TO ENCOURAGE PARTNERSHIPS FOR RESEARCH.
(a) In General.--For each of fiscal years 1996, 1997, and 1998,
there are authorized $10 million for the initiation of a pilot program
at the Foundation to fund grants for science research and outreach
proposals submitted by consortia of research institutions led by
institutions from states eligible to compete in the Foundation's
existing Experimental Program to Stimulate Competitive Research
(EPSCoR). The program shall be aimed at encouraging EPSCoR institutions
to enter into consortia with non-EPSCoR institutions, including private
sector institutions, to develop grant proposals to support research,
science education, community outreach, technology transfer, and any
other activities consistent with the goals and missions of the
Foundation.
(b) Grants.--The grants shall be awarded by the Foundation to such
consortia on a competitive, peer-reviewed basis. In its selection
process, the Foundation shall give favorable consideration to proposals
involving in-kind or financial contributions from non-federal sources,
including state and local governments, consortium members, other
research institutions, or industry, but cost-sharing shall not be a
required feature of a proposal. In establishing requirements for the
grant proposals, the Foundation shall require that the funds granted to
a consortium must be administered by a member thereof that is an
institution from an EPSCoR State and shall further require that such
institution have primary responsibility for the management and
oversight of the activities funded by the grant award.
(c) Implementation of Program.--The Foundation shall implement the
pilot program in a manner that will complement the Foundation's
existing EPSCoR program and advance the common goal of both programs to
enhance the capability of quality research groups and institutions in
rural and sparsely populated States to contribute to the vast federal
research enterprise. Projects may be funded for up to three years
through grants awarded under this program, with the potential for
another two-year extension following the review and approval of the
Foundation. At the time of the Foundation's budget submission to
Congress for fiscal year 1997, the Foundation shall provide to the
Committee on Commerce, Science, and Transportation and the Committee on
Labor and Human Resources of the Senate and the Committee on Science of
the House of Representatives a strategic plan for the implementation of
the pilot program authorized in this section.
SEC. 103. SUPPORT FOR COMPUTING ACTIVITIES AT TRIBAL COLLEGES.
The Director of the National Science foundation shall design and
implement a pilot program to provide financial assistance, through
competitive selection processes, to States in which are located 2 or
more tribally-controlled community colleges. The objective of the pilot
program shall be to establish interactive telecommunications systems
among such tribally-controlled community colleges in such States in
order to assist the tribal community in education, job training, and
other appropriate activities.
SEC. 104. CONSULTATION AND REPRESENTATION EXPENSES.
From appropriations made under authorizations provided in this Act,
not more than $10,000 may be used in each fiscal year for official
consultation, representation, or other extraordinary expenses at the
discretion of the Director. The determination of the Director shall be
final and conclusive upon the accounting officers of the Government.
SEC. 105. REPROGRAMMING.
(a) $500,000 or Less.--In any given fiscal year, the Director may
transfer appropriated funds among the subcategories of Research and
Related Activities, so long as the net funds transferred to or from any
subcategory do not exceed $500,000.
(b) Greater Than $500,000.--The Director may propose transfers to
or from any subcategory exceeding $500,000. An explanation of any
proposed transfer under this subsection must be transmitted in writing
to the Committee on Science of the House of Representatives, and the
Committees on Labor and Human Resources and Commerce, Science, and
Transportation of the Senate. The proposed transfer may be made only
when 30 calendar days have passed after transmission of such written
explanation.
TITLE II--GENERAL PROVISIONS
SEC. 201. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1862(f)) is amended to read as follows:
``(f) The Foundation shall provide an annual report to the
President which shall be submitted by the Director to the Congress at
the time of the President's annual budget submission. The report
shall--
``(1) contain a strategic plan, or an update to a previous
strategic plan, which--
``(A) defines for a three-year period the overall
goals for the Foundation and specific goals for each
major activity of the Foundation, including each
scientific directorate, the education directorate, and
the polar programs office; and
``(B) describe how the identified goals relate to
national needs and will exploit new opportunities in
science and technology;
``(2) identify the criteria and describe the procedures
which the Foundation will use to assess progress toward
achieving the goals identified in accordance with paragraph
(1);
``(3) review the activities of the Foundation during the
preceding year which have contributed toward achievement of
goals identified in accordance with paragraph (1) and summarize
planned activities for the coming three years in the context of
the identified goals, with particular emphasis on the
Foundation's planned contributions to major multi-agency
research and education initiatives;
``(4) contain such recommendations as the Foundation
considers appropriate; and
``(5) include information on the acquisition and
disposition by the Foundation of any patents and patent
rights.''.
SEC. 202. ADMINISTRATIVE AMENDMENTS.
(a) National Science Foundation Act of 1950 Amendments.--The
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is
amended--
(1) by redesignating the subsection (k) of section 4 (42
U.S.C. 1863(k)) that was added by section 108 of the National
Science Foundation Authorization Act of 1988 as subsection (l);
and
(2) by striking ``Atomic Energy Commission'' in section
15(a) (42 U.S.C. 1874(a)) and inserting ``Secretary of
Energy''.
(b) National Science Foundation Authorization Act, 1976
Amendments.--Section 6(a) of the National Science Foundation
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking
``social,'' the first place it appears.
(c) Technical Amendment.--The second subsection (g) of section 3 of
the National Science Foundation Act of 1950 (42 U.S.C. 1862(g)) is
repealed.
SEC. 203. FINANCIAL DISCLOSURE.
Persons temporarily employed by or at the Foundation shall be
subject to the same financial disclosure requirements and related
sanctions under the Ethics in Government Act of 1978 as are permanent
employees of the Foundation in equivalent positions. | TABLE OF CONTENTS:
Title I: National Science Foundation Authorization
Title II: General Provisions
National Science Foundation Authorization Act of 1995 -
Title I: National Science Foundation Authorization
- Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 through 1998.
Authorizes FY 1996 through 1998 appropriations for a NSF pilot grant program to consortia of Experimental Program to Stimulate Competitive Research (EPSCoR) institutions and non-EPSCoR institutions.
Requires the Director of NSF to design and implement a pilot program to develop interactive telecommunications systems at tribally-controlled community colleges. Obligates specified funds for consultation and representation expenses.
Sets forth certain reprogramming provisions.
Title II: General Provisions
- Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures.
Makes administrative amendments to the National Science Foundation Act of 1950 and the National Science Foundation Authorization Act, 1976.
Subjects temporary NSF employees to financial disclosure requirements. | {"src": "billsum_train", "title": "National Science Foundation Authorization Act of 1995"} | 2,029 | 243 | 0.45848 | 1.364165 | 0.800495 | 2.608911 | 9.282178 | 0.846535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the Firefighter Cancer Registry Act of
2018.
SEC. 2. VOLUNTARY REGISTRY FOR FIREFIGHTER CANCER INCIDENCE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the Secretary), acting through the
Director of the Centers for Disease Control and Prevention and in
coordination with other agencies as the Secretary determines
appropriate, shall develop and maintain, directly or through a grant or
cooperative agreement, a voluntary registry of firefighters (referred
to in this section as the Firefighter Registry) to collect relevant
health and occupational information of such firefighters for purposes
of determining cancer incidence.
(b) Use of Firefighter Registry.--The Firefighter Registry may be
used for the following purposes:
(1) To improve data collection and data coordination activities
related to the nationwide monitoring of the incidence of cancer
among firefighters.
(2) To collect, consolidate, and maintain, consistent with
subsection (g), epidemiological information and analyses related to
cancer incidence and trends among firefighters
(c) Relevant Data.--
(1) Data collection.--In carrying out the voluntary data
collection for purposes of inclusion under the Firefighter
Registry, the Secretary may collect the following:
(A) Information, as determined by the Secretary under
subsection (d)(1), of volunteer, paid-on-call, and career
firefighters, independent of cancer status or diagnosis.
(B) Individual risk factors and occupational history of
firefighters.
(C) Information, if available, related to--
(i) basic demographic information, including--
(I) the age of the firefighter involved during the
relevant dates of occupation as a firefighter; and
(II) the age of cancer diagnosis;
(ii) the status of the firefighter as either volunteer,
paid-on-call, or career firefighter;
(iii) the total number of years of occupation as a
firefighter and a detailing of additional employment
experience, whether concurrent, before, or anytime
thereafter;
(iv)(I) the approximate number of fire incidents
attended, including information related to the type of fire
incidents and the role of the firefighter in responding to
the incident; or
(II) in the case of a firefighter for whom information
on such number and type is unavailable, an estimate of such
number and type based on the method developed under
subsection (d)(1)(D); and
(v) other medical information and health history,
including additional risk factors, as appropriate, and
other information relevant to a cancer incidence study of
firefighters.
(2) Information on diagnoses and treatment.--In carrying out
paragraph (1), with respect to diagnoses and treatment of
firefighters with cancer, the Secretary shall, as appropriate,
enable the Firefighter Registry to electronically connect to State-
based cancer registries, for a purpose described by clause (vi) or
(vii) of section 399B(c)(2)(D) of the Public Health Service Act (42
U.S.C. 280e(c)(2)(D)), to obtain--
(A) date of diagnoses and source of information; and
(B) pathological data characterizing the cancer, including
cancer site, state of disease (pursuant to Staging Guide),
incidence, and type of treatment.
(d) Firefighter Registry Coordination Strategy.--
(1) Required strategy.--The Secretary shall, in consultation
with the relevant stakeholders identified in subsection (e),
including epidemiologists and pathologists, develop a strategy to
coordinate data collection activities, including within existing
State registries, for inclusion in the Firefighter Registry
established under this Act. The strategy may include the following:
(A) Increasing awareness of the Firefighter Registry and
encouraging participation among volunteer, paid-on-call, and
career firefighters.
(B) Consideration of unique data collection needs that may
arise to generate a statistically reliable representation of
minority, female, and volunteer firefighters, including
methods, as needed, to encourage participation from such
populations.
(C) Information on how the Secretary will store data
described in subsection (c)(1) and provide electronic access to
relevant health information described in subsection (c)(2).
(D) Working in consultation with the experts described in
subsection (e), a reliable and standardized method for
estimating the number of fire incidents attended by a
firefighter as well as the type of fire incident so attended in
the case such firefighter is unable to provide such
information.
(2) Report to congress.--The Secretary shall submit the
strategy described in paragraph (1) to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate not later than
30 days after the date of the completion of the strategy.
(3) Guidance for inclusion and maintenance of data on
firefighters.--The Secretary shall develop, in consultation with
the stakeholders identified in subsection (e), State health
agencies, State departments of homeland security, and volunteer,
paid-on-call, combination, and career firefighting agencies, a
strategy for inclusion of firefighters in the registry that are
representative of the general population of firefighters, that
outlines the following:
(A) How new information about firefighters will be
submitted to the Firefighter Registry for inclusion.
(B) How information about firefighters will be maintained
and updated in the Firefighter Registry over time.
(C) A method for estimating the number of fire incidents
attended by a firefighter as well as the type of fire incident
so attended in the case such firefighter is unable to provide
such information.
(D) Further information, as deemed necessary by the
Secretary.
(e) Consultation and Report.--The Secretary shall consult with non-
Federal experts on the Firefighter Registry established under this
section, and shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that includes, as appropriate,
information on goals achieved and improvements needed to strengthen the
Firefighter Registry. Such non-Federal experts shall include the
following:
(1) Public health experts with experience in developing and
maintaining cancer registries.
(2) Epidemiologists with experience in studying cancer
incidence.
(3) Clinicians with experience in diagnosing and treating
cancer incidence.
(4) Active and retired volunteer, paid-on-call, and career
firefighters as well as relevant national fire and emergency
response organizations.
(f) Research Availability.--Subject to subsection (g), the
Secretary shall ensure that information and analysis in the Firefighter
Registry are available, as appropriate, to the public, including
researchers, firefighters, and national fire service organizations.
(g) Privacy.--In carrying out this Act, the Secretary shall ensure
that information in and analysis of the Firefighter Registry are made
available in a manner that, at a minimum, protects personal privacy to
the extent required by applicable Federal and State privacy law.
(h) Authorization of Funds.--To carry out this section, there are
authorized to be appropriated $2,500,000 for each of the fiscal years
2018 through 2022.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Firefighter Cancer Registry Act of 2018 (Sec. 2) This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary registry of firefighters in order to collect history and occupational information that can be used to determine the incidence of cancer among firefighters. The registry must be used to improve monitoring of cancer among firefighters and to collect and publish epidemiological information. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC must enable the registry to connect to state-based cancer registries. The CDC must also: (1) develop a strategy to encourage participation in the registry, (2) develop guidance for states and firefighting agencies regarding the registry, and (3) seek feedback on the registry from nonfederal experts. The CDC must make registry data available to the public and in accordance with privacy laws. | {"src": "billsum_train", "title": "Firefighter Cancer Registry Act of 2017"} | 1,542 | 196 | 0.638299 | 1.766663 | 0.80937 | 2.167568 | 7.945946 | 0.848649 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ricky Ray
Hemophilia Relief Fund Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HEMOPHILIA RELIEF FUND
Sec. 101. Ricky Ray Hemophilia Relief Fund.
Sec. 102. Compassionate payment relating to individuals with blood-
clotting disorders and HIV.
Sec. 103. Determination and payment.
Sec. 104. Limitation on transfer of rights and number of petitions.
Sec. 105. Time limitation.
Sec. 106. Certain claims not affected by payment.
Sec. 107. Limitation on agent and attorney fees.
Sec. 108. Definitions.
TITLE II--TREATMENT OF CERTAIN PRIVATE SETTLEMENT PAYMENTS IN
HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS
Sec. 201. Treatment of certain private settlement payments in
hemophilia-clotting-factor suit under the Medicaid and SSI
programs.
TITLE I--HEMOPHILIA RELIEF FUND
SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Ricky Ray Hemophilia
Relief Fund'', which shall be administered by the Secretary of the
Treasury.
(b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on and proceeds from any such investment shall
be credited to and become part of the Fund.
(c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Secretary of Health and Human Services
under section 103.
(d) Termination.--The Fund shall terminate upon the expiration of
the 5-year period beginning on the date of the enactment of this Act.
If all of the amounts in the Fund have not been expended by the end of
the 5-year period, investments of amounts in the Fund shall be
liquidated, the receipts of such liquidation shall be deposited in the
Fund, and all funds remaining in the Fund shall be deposited in the
miscellaneous receipts account in the Treasury of the United States.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund to carry out this title $750,000,000.
SEC. 102. COMPASSIONATE PAYMENT RELATING TO INDIVIDUALS WITH BLOOD-
CLOTTING DISORDERS AND HIV.
(a) In General.--If the conditions described in subsection (b) are
met and if there are sufficient amounts in the Fund to make each
payment, the Secretary shall make a single payment of $100,000 from the
Fund to any individual who has an HIV infection and who is described in
one of the following paragraphs:
(1) The individual has any form of blood-clotting disorder,
such as hemophilia, and was treated with antihemophilic factor at
any time during the period beginning on July 1, 1982, and ending on
December 31, 1987.
(2) The individual--
(A) is the lawful spouse of an individual described in
paragraph (1); or
(B) is the former lawful spouse of an individual described
in paragraph (1) and was the lawful spouse of the individual at
any time after a date, within the period described in such
subparagraph, on which the individual was treated as described
in such paragraph and through medical documentation can assert
reasonable certainty of transmission of HIV from individual
described in paragraph (1).
(3) The individual acquired the HIV infection through perinatal
transmission from a parent who is an individual described in
paragraph (1) or (2).
(b) Conditions.--The conditions described in this subsection are,
with respect to an individual, as follows:
(1) Submission of medical documentation of hiv infection.--The
individual submits to the Secretary written medical documentation
that the individual has an HIV infection.
(2) Petition.--A petition for the payment is filed with the
Secretary by or on behalf of the individual.
(3) Determination.--The Secretary determines, in accordance
with section 103(b), that the petition meets the requirements of
this title.
SEC. 103. DETERMINATION AND PAYMENT.
(a) Establishment of Filing Procedures.--The Secretary of Health
and Human Services shall establish procedures under which individuals
may submit petitions for payment under this title. The procedures shall
include a requirement that each petition filed under this Act include
written medical documentation that the relevant individual described in
section 102(a)(1) has (or had) a blood-clotting disorder, such as
hemophilia, and was treated as described in such section.
(b) Determination.--For each petition filed under this title, the
Secretary shall determine whether the petition meets the requirements
of this title.
(c) Payment.--
(1) In general.--To the extent there are sufficient amounts in
the Fund to cover each payment, the Secretary shall pay, from the
Fund, each petition that the Secretary determines meets the
requirements of this title in the order received.
(2) Payments in case of deceased individuals.--
(A) In general.--In the case of an individual referred to
in section 102(a) who is deceased at the time that payment is
made under this section on a petition filed by or on behalf of
the individual, the payment shall be made as follows:
(i) If the individual is survived by a spouse who is
living at the time of payment, the payment shall be made to
such surviving spouse.
(ii) If the individual is not survived by a spouse
described in clause (i), the payment shall be made in equal
shares to all children of the individual who are living at
the time of the payment.
(iii) If the individual is not survived by a person
described in clause (i) or (ii), the payment shall be made
in equal shares to the parents of the individual who are
living at the time of the payment.
(iv) If the individual is not survived by a person
described in clause (i), (ii), or (iii), the payment shall
revert back to the Fund.
(B) Filing of petition by survivor.--If an individual
eligible for payment under section 102(a) dies before filing a
petition under this title, a survivor of the individual may
file a petition for payment under this title on behalf of the
individual if the survivor may receive payment under
subparagraph (A).
(C) Definitions.--For purposes of this paragraph:
(i) The term ``spouse'' means an individual who was
lawfully married to the relevant individual at the time of
death.
(ii) The term ``child'' includes a recognized natural
child, a stepchild who lived with the relevant individual
in a regular parent-child relationship, and an adopted
child.
(iii) The term ``parent'' includes fathers and mothers
through adoption.
(3) Timing of payment.--The Secretary may not make a payment on
a petition under this title before the expiration of the 120-day
period beginning on the date of the enactment of this Act or after
the expiration of the 5-year period beginning on the date of the
enactment of this Act.
(d) Action on Petitions.--The Secretary shall complete the
determination required by subsection (b) regarding a petition not later
than 120 days after the date the petition is filed under this title.
(e) Humanitarian Nature of Payment.--This Act does not create or
admit any claim of or on behalf of the individual against the United
States or against any officer, employee, or agent thereof acting within
the scope of employment or agency that relate to an HIV infection
arising from treatment with antihemophilic factor, at any time during
the period beginning on July 1, 1982, and ending on December 31, 1987.
A payment under this Act shall, however, when accepted by or on behalf
of the individual, be in full satisfaction of all such claims by or on
behalf of that individual.
(f) Administrative Costs Not Paid From Fund.--No costs incurred by
the Secretary in carrying out this title may be paid from the Fund or
set off against, or otherwise deducted from, any payment made under
subsection (c)(1).
(g) Termination of Duties of Secretary.--The duties of the
Secretary under this section shall cease when the Fund terminates.
(h) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
(1) shall be treated for purposes of the Internal Revenue Code
of 1986 as damages described in section 104(a)(2) of such Code;
(2) shall not be included as income or resources for purposes
of determining the eligibility of the individual to receive
benefits described in section 3803(c)(2)(C) of title 31, United
States Code, or the amount of such benefits, and such benefits
shall not be secondary to, conditioned upon reimbursement from, or
subject to any reduction because of receipt of, any such payment;
and
(3) shall not be treated as a third party payment or payment in
relation to a legal liability with respect to such benefits and
shall not be subject (whether by subrogation or otherwise) to
recovery, recoupment, reimbursement, or collection with respect to
such benefits (including the Federal or State governments or any
entity that provides such benefits under a contract).
(i) Regulatory Authority.--The Secretary may issue regulations
necessary to carry out this title.
(j) Time of Issuance of Procedures.--The Secretary shall, through
the promulgation of appropriate regulations, guidelines, or otherwise,
first establish the procedures to carry out this title not later than
120 days after the date of the enactment of this Act.
SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.
(a) Rights Not Assignable or Transferable.--Any right under this
title shall not be assignable or transferable.
(b) One Petition With Respect to Each Victim.--With respect to each
individual described in paragraph (1), (2), or (3) of section 102(a),
the Secretary may not make payment with respect to more than one
petition filed in respect to an individual.
SEC. 105. TIME LIMITATION.
The Secretary may not make any payment with respect to any petition
filed under this title unless the petition is filed within 3 years
after the date of the enactment of this Act.
SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 103(c)(1) shall not be considered as
any form of compensation, or reimbursement for a loss, for purposes of
imposing liability on the individual receiving the payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments or to repay any person on account of worker's compensation
payments. A payment under this title shall not affect any claim against
an insurance carrier with respect to insurance or against any person
with respect to worker's compensation.
SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES.
Notwithstanding any contract, the representative of an individual
may not receive, for services rendered in connection with the petition
of an individual under this title, more than 5 percent of a payment
made under this title on the petition. Any such representative who
violates this section shall be fined not more than $50,000.
SEC. 108. DEFINITIONS.
For purposes of this title:
(1) The term ``AIDS'' means acquired immune deficiency
syndrome.
(2) The term ``Fund'' means the Ricky Ray Hemophilia Relief
Fund.
(3) The term ``HIV'' means human immunodeficiency virus.
(4) Unless otherwise provided, the term ``Secretary'' means
Secretary of Health and Human Services.
TITLE II--TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR
SUIT UNDER THE SSI PROGRAM
SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR
SUIT UNDER THE MEDICAID AND SSI PROGRAMS.
(a) Private Payments.--
(1) In general.--Notwithstanding any other provision of law,
the payments described in paragraph (2) shall not be considered
income or resources in determining eligibility for, or the amount
of--
(A) medical assistance under title XIX of the Social
Security Act; or
(B) supplemental security income benefits under title XVI
of the Social Security Act.
(2) Private payments described.--The payments described in this
subsection are--
(A) payments made from any fund established pursuant to a
class settlement in the case of Susan Walker v. Bayer
Corporation, et al., 96-C-5024 (N.D. Ill.); and
(B) payments made pursuant to a release of all claims in a
case--
(i) that is entered into in lieu of the class
settlement referred to in subparagraph (A); and
(ii) that is signed by all affected parties in such
case on or before the later of--
(I) December 31, 1997; or
(II) the date that is 270 days after the date on
which such release is first sent to the persons (or the
legal representative of such persons) to whom the
payment is to be made.
(b) Government Payments.--
(1) In general.--Notwithstanding any other provision of law,
the payments described in paragraph (2) shall not be considered
income or resources in determining eligibility for, or the amount
of supplemental security income benefits under title XVI of the
Social Security Act.
(2) Government payments described.--The payments described in
this subsection are payments made from the Fund established
pursuant to section 101 of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Hemophilia Relief Fund
Title II: Treatment of Certain Payments in
Hemophilia-Clotting-Factor Suit under the Medicaid and
SSI Programs
Ricky Ray Hemophilia Relief Fund Act of 1998 -
Title I: Hemophilia Relief Fund
- Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Terminates the Fund five years after enactment of this Act. Authorizes appropriations.
(Sec. 102) Mandates a single payment of $100,000 from the Fund to any individual infected with the human immunodeficiency virus (HIV) if the individual has any blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987, is the lawful current or former spouse of such an individual, or acquired the HIV infection from a parent who is such an individual.
(Sec. 103) Declares that: (1) this Act does not create or admit any claim of the individual against the United States or its agents regarding HIV and antihemophilic factor treatment; and (2) acceptance of a payment under this Act is in full satisfaction of all such claims of the individual.
(Sec. 105) Prohibits any payment under this Act unless the petition is filed within three years after enactment of this Act.
(Sec. 107) Limits, notwithstanding any contract, the amount an individual's representative may receive for services in connection with a petition.
Title II: Treatment of Certain Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs
- Prohibits a settlement payment under certain class action lawsuits from being considered income or resources in determining eligibility for, or the amount of, medical assistance under the Medicaid program or benefits under the Supplemental Security Income (SSI) program (titles XIX and XVI of the Social Security Act). Prohibits Government payments under title I of this Act from being considered income or resources in determining eligibility for, or the amount of, SSI benefits. | {"src": "billsum_train", "title": "Ricky Ray Hemophilia Relief Fund Act of 1998"} | 3,170 | 481 | 0.738041 | 2.797038 | 0.743324 | 3.775194 | 7.271318 | 0.917313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Prosecutor Act of 2011''.
SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED
STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.
(a) Establishment.--Chapter 4 of title I of the Trade Act of 1974
(19 U.S.C. 2171) is amended by adding at the end the following:
``SEC. 142. TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED STATES TRADE
REPRESENTATIVE FOR TRADE ENFORCEMENT.
``(a) Establishment of Trade Enforcement Division.--There is
established within the Office of the United States Trade Representative
a Trade Enforcement Division (in this section referred to as the
`Division').
``(b) Establishment of Position of Deputy United States Trade
Representative for Trade Enforcement.--
``(1) In general.--The Division shall be headed by a Deputy
United States Trade Representative for Trade Enforcement.
``(2) Appointment and nomination.--The Deputy United States
Trade Representative for Trade Enforcement shall be appointed
by the President, by and with the advice and consent of the
Senate. As an exercise of the rulemaking power of the Senate,
any nomination of the Deputy United States Trade Representative
for Trade Enforcement submitted to the Senate for its advice
and consent, and referred to a committee, shall be referred to
the Committee on Finance.
``(3) Rank.--The Deputy United States Trade Representative
for Trade Enforcement shall hold office at the pleasure of the
President and shall have the rank of Ambassador.
``(c) Functions of Deputy United States Trade Representative for
Trade Enforcement.--
``(1) Principal function.--The principal function of the
Deputy United States Trade Representative for Trade Enforcement
shall be to ensure that United States trading partners comply
with trade agreements to which the United States is a party.
``(2) Additional functions.--The Deputy United States Trade
Representative for Trade Enforcement shall--
``(A) assist the United States Trade Representative
in investigating and prosecuting disputes before the
World Trade Organization and pursuant to other
bilateral or regional trade agreements to which the
United States is a party;
``(B) assist the United States Trade Representative
in carrying out the United States Trade
Representative's functions under section 141(d);
``(C) make recommendations with respect to the
administration of United States trade laws relating to
barriers imposed by foreign governments to the
importation of United States goods, services, and
intellectual property, and other trade matters; and
``(D) perform such other functions as the United
States Trade Representative may direct.
``(d) Office of Trade Assistance for Small Business.--
``(1) Establishment.--There is established within the
Division the Office of Trade Assistance for Small Business.
``(2) Functions.--The Office of Trade Assistance for Small
Business shall provide technical and legal assistance and
advice to eligible small businesses to enable such small
businesses to prepare and file petitions (other than those
that, in the opinion of the Office, are frivolous) under
section 302.
``(3) Eligible small business defined.--The term `eligible
small business' means any business concern that, in the
judgment of the Office of Trade Assistance for Small Business,
due to its size, has neither adequate internal resources nor
financial ability to obtain qualified outside assistance in
preparing and filing petitions and complaints under section
302. In determining whether a business concern is an eligible
small business, the Office of Trade Assistance for Small
Business may consult with the Administrator of the Small
Business Administration and the heads of other appropriate
Federal departments and agencies.''.
(b) Conforming Amendment.--The table of contents for the Trade Act
of 1974 is amended by inserting after the item relating to section 141
the following:
``Sec. 142. Trade Enforcement Division and Deputy United States Trade
Representative for Trade Enforcement.''.
(c) Compensation for Deputy United States Trade Representative for
Trade Enforcement.--Section 5314 of title 5, United States Code, is
amended by striking ``Deputy United States Trade Representatives (3).''
and inserting ``Deputy United States Trade Representatives (4).''.
(d) Conforming Repeal.--Section 2112 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3812) is repealed.
SEC. 3. ESTABLISHMENT OF CHIEF MANUFACTURING NEGOTIATOR.
(a) Establishment of Position.--Section 141(b)(2) of the Trade Act
of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows:
``(2) There shall be in the Office 3 Deputy United States Trade
Representatives (in addition to the Deputy United States Trade
Representative for Trade Enforcement established under section 142), 1
Chief Agricultural Negotiator, and 1 Chief Manufacturing Negotiator who
shall all be appointed by the President, by and with the advice and
consent of the Senate. As an exercise of the rulemaking power of the
Senate, any nomination of a Deputy United States Trade Representative,
the Chief Agricultural Negotiator, or the Chief Manufacturing
Negotiator submitted to the Senate for its advice and consent, and
referred to a committee, shall be referred to the Committee on Finance.
Each Deputy United States Trade Representative, the Chief Agricultural
Negotiator, and the Chief Manufacturing Negotiator shall hold office at
the pleasure of the President and shall have the rank of Ambassador.''.
(b) Functions of Position.--Section 141(c) of the Trade Act of 1974
(19 U.S.C. 2171(c)) is amended--
(1) by moving paragraph (5) 2 ems to the left; and
(2) by adding at the end the following new paragraph:
``(6)(A) The principal function of the Chief Manufacturing
Negotiator shall be to conduct trade negotiations and to enforce trade
agreements relating to United States manufacturing products and
services. The Chief Manufacturing Negotiator shall be a vigorous
advocate on behalf of United States manufacturing interests and shall
perform such other functions as the United States Trade Representative
may direct.
``(B) Not later than 1 year after the date of the enactment of this
paragraph, and annually thereafter, the Chief Manufacturing Negotiator
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report on
the actions taken by the Chief Manufacturing Negotiator in the
preceding year.''.
(c) Compensation.--Section 5314 of title 5, United States Code, as
amended by section 101(c), is further amended by inserting ``Chief
Manufacturing Negotiator.'' after ``Chief Agricultural Negotiator.''.
(d) Technical Amendments.--Section 141(e) of the Trade Act of 1974
(19 U.S.C. 2171(e)) is amended--
(1) in paragraph (1), by striking ``5314'' and inserting
``5315''; and
(2) in paragraph (2), by striking ``the maximum rate of pay
for grade GS-18, as provided in section 5332'' and inserting
``the maximum rate of pay for level IV of the Executive
Schedule in section 5315''. | Trade Prosecutor Act of 2011 - Amends the Trade Act of 1974 to establish within the Office of the United States Trade Representative (USTR) a Trade Enforcement Division.
Establishes the position of Deputy United States Trade Representative for Trade Enforcement to head the Trade Enforcement Division. Requires the Deputy to ensure that our trading partners comply with trade agreements to which this country is a party.
Establishes within the Trade Enforcement Division an Office of Trade Assistance for Small Business to provide technical and legal assistance and advice to certain small businesses that enables them to prepare and file petitions for a USTR response to violations of trade agreements by foreign governments.
Establishes within the Office of the USTR the position of Chief Manufacturing Negotiator. Requires the Chief Manufacturing Negotiator to act as a vigorous advocate on behalf of this country's manufacturing interests. | {"src": "billsum_train", "title": "A bill to establish a Trade Enforcement Division in the Office of the United States Trade Representative, and for other purposes."} | 1,629 | 186 | 0.642982 | 1.625582 | 0.79932 | 3.412903 | 9.23871 | 0.870968 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Advantage
and Prescription Drug Accountability Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Requirement for reasonable return of benefits.
Sec. 3. Financial transparency.
Sec. 4. Beneficiary sign-off.
Sec. 5. Annual accountability reports.
Sec. 6. Auditing of actuarial equivalency.
Sec. 7. Report comparing costs and benefits under Medicare Advantage
plans, medicare supplemental policies, and
fee-for-service medicare.
Sec. 8. Annual report on drug claim denials.
Sec. 9. Medicare Prescription Drug Ombudsman.
SEC. 2. REQUIREMENT FOR REASONABLE RETURN OF BENEFITS.
(a) Medicare Advantage Plans.--Section 1857(e) of the Social
Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end
the following new paragraph:
``(4) Negotiation for loss and administrative cost
ratios.--
``(A) In general.--The contract with an MA
organization under this part shall provide for the
following:
``(i) Minimum loss ratio.--Aggregate
average benefits that are at least a minimum
ratio of the aggregate average revenues
collected under the contract.
``(ii) Maximum administrative cost ratio.--
Aggregate average administrative costs that do
not exceed a maximum ratio of the aggregate
average revenues collected under the contract.
``(B) Establishment of ratios.--The ratios under
clauses (i) and (ii) of subparagraph (A) shall be
established by the Secretary. In establishing such
ratios, the Secretary shall take into account, at a
minimum, ratios typical of those--
``(i) under private health insurance plans;
``(ii) under parts A and B of this title;
and
``(ii) under health benefits plans offered
under chapter 89 of title 5, United States Code
(relating to the Federal Employees Health
Benefits Program).''.
(b) Audit of Administrative Costs and Compliance With the Federal
Acquisition Regulation.--Section 1857(d)(2)(B) of such Act (42 U.S.C.
1395w-27(d)(2)(B)) is amended--
(1) by striking ``or (ii)'' and inserting ``(ii)''; and
(2) by inserting before the period at the end the
following: ``, or (iii) to compliance with the requirements of
subsection (e)(4)(A) and the extent to which administrative
costs comply with the applicable requirements for such costs
under the Federal Acquisition Regulation''.
(c) Application to Prescription Drug Plans.--The amendments made by
subsections (a) and (b) apply, pursuant to section 1860D-12(b)(3) of
the Social Security Act (42 U.S.C. 1395w-112(b)(3)), to contracts with
prescription drug sponsors under part D of title XVIII of such Act.
(d) Effective Date.--The amendments made by this section shall
apply for contract years beginning after the date of the enactment of
this Act.
SEC. 3. FINANCIAL TRANSPARENCY.
(a) Medicare Advantage Plans.--Section 1851(d) of the Social
Security Act (42 U.S.C. 1395w-21(d)) is amended by adding at the end
the following new paragraph:
``(8) Financial transparency.--
``(A) In general.--Each MA organization shall
provide annually to the Secretary (in a form and manner
specified by the Secretary), with respect to each MA
plan it offers and not later than 3 months after the
end of each contract year, information describing the
organization's compliance with the requirements of
section 1857(e)(4) and a functional listing of the
organization's administrative costs (by category of
such costs, including, at a minimum, marketing costs
and claims processing costs), profits, and investment
income (as defined by the Secretary), as a ratio of
aggregate average revenues collected under the contract
for that year.
``(B) Publication.--The Secretary shall publish the
information provided under subparagraph (A) for each MA
plan.''.
(b) Conforming Application to Prescription Drug Plans.--Section
1860D-11(b)(2) of the Social Security Act 1395w-111(b)(2)) is amended
by redesignating subparagraph (F) as subparagraph (G) and by inserting
after subparagraph (E) the following new subparagraph:
``(F) Periodic auditing.--Information with respect
to the prescription drug plan of the type described in
section 1851(d)(8) with respect to an MA plan.''.
(c) Effective Date.--The amendments made by this section shall
apply to reporting of information for contract years to which the
amendments made by section 2 apply.
SEC. 4. BENEFICIARY SIGN-OFF.
(a) Medicare Advantage Plans.--Section 1851(c)(2) of the Social
Security Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the end
the following new subparagraph:
``(C) Beneficiary sign-off in election process.--An
election to enroll with an MA plan shall not be
effective unless the election form is signed by the
individual and specifically acknowledges each of the
following:
``(i) The premiums, cost-sharing
requirements, and benefits under the plan may
change at the beginning of each 12-month
contract period.
``(ii) The individual may lose coverage of
the individual's physician or other provider at
the beginning of each such period.
``(iii) The plan may be terminated at the
beginning of any such period.
``(iv) Premiums and benefits under the plan
may vary based on the county or other MA area
in which the plan is offered.''.
(b) Application to Prescription Drug Plans.--The amendment made by
subsection (a) applies, pursuant to section 1860D-1(b)(1)(B)(ii) of the
Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(ii)), to prescription
drug plans under part D of title XVIII of such Act.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to elections made on or after the date specified by the Secretary
of Health and Human Services, but in no case later than 60 days after
the date of the enactment of this Act.
SEC. 5. ANNUAL ACCOUNTABILITY REPORTS.
(a) Medicare Advantage Accountability Report.--Section 1856 of the
Social Security Act (42 U.S.C. 1395w-26) is amended--
(1) by amending the heading to read as follows:
``establishment of standards; annual accountability report''; and
(2) by adding at the end the following new subsection:
``(c) Annual Accountability Report.--
``(1) In general.--The Secretary shall compile, and
transmit to Congress, at the end of each year (beginning with
2005), an annual Medicare Advantage accountability report.
``(2) Contents.--Each annual accountability report shall
include the following:
``(A) A detailed analysis of geographic variation
in cost-sharing and premiums among MA plans.
``(B) A comparison of the use of amounts paid to MA
plans for benefit payments, administrative costs, and
profits with the amounts expended under the fee-for-
service programs under parts A and B for benefit
payments and administrative expenses.
``(C) Recommendations for legislative changes to
the Medicare Advantage program, or the fee-for-service
programs under parts A and B, to assure that medicare
beneficiaries under both programs have access to
comparable benefits at comparable cost and that
Government subsidies under the two programs are
equivalent.
``(D) The results of audits conducted under section
1857(d) and enforcement actions taken in response to
findings of inappropriate expenditures of funds under
this part.''.
(b) Prescription Drug Accountability Report.--Section 1860D-12 of
such Act (42 U.S.C. 1395w-112) is amended by adding at the end the
following new subsection:
``(h) Annual Accountability Report.--
``(1) In general.--The Secretary shall compile, and
transmit to Congress, at the end of each year (beginning with
2006), an annual prescription drug accountability report.
``(2) Contents.--Each annual accountability report shall
include the same types of information (as specified by the
Secretary) with respect to prescription drug plans as are
provided under subparagraphs (A), (B), and (D) of section
1856(c)(2) with respect to MA plans.''.
SEC. 6. AUDITING OF ACTUARIAL EQUIVALENCY.
(a) Medicare Advantage Plans.--Section 1854(a)(5) of the Social
Security Act (42 U.S.C. 1395w-24(a)(5)) is amended by adding at the end
the following new subparagraph:
``(B) Periodic audits of actuarial equivalency
determinations.--In the case of MA plans that provide
for an actuarially equivalent level of benefits under
this part, the Inspector General of the Department of
Health and Human Services shall periodically audit a
representative sample of the determinations made by the
Secretary regarding such actuarial equivalency to
ensure that the Secretary is only approving plans with
benefits that are actuarially equivalent.''.
(b) Application to Prescription Drug Plans.--Section 1860D-11(e) of
the Social Security Act (42 U.S.C. 1395w-111(e)) is amended by adding
at the end the following new paragraph:
``(3) Periodic auditing of actuarial equivalency
determinations.--The provisions of section 1854(a)(5)(B) shall
apply with respect to determinations of actuarial equivalence
of benefits under prescription drug plans in the same manner as
they apply to determinations of actuarial equivalence of
benefits under MA plans.''.
SEC. 7. REPORT COMPARING COSTS AND BENEFITS UNDER MEDICARE ADVANTAGE
PLANS, MEDICARE SUPPLEMENTAL POLICIES, AND FEE-FOR-
SERVICE MEDICARE.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report that compares the average benefit payments, administrative
costs, profits, and investment income (expressed as a percentage of
revenues collected) for MA plans with such average for the fee-for-
service programs under parts A and B and for group and individual
medicare supplemental policies.
SEC. 8. ANNUAL REPORT ON DRUG CLAIM DENIALS.
Section 1860D-4(h) of the Social Security Act (42 U.S.C. 1395w-
104(h)) is amended by adding at the end the following new paragraph:
``(4) Annual report on drug claims rejections and reversals
on appeal.--Each PDP sponsor with respect to a prescription
drug plan, and each MA organization with respect to an MA-PD
plan, shall annually report to the Inspector General of the
Department of Health and Human Services on the following:
``(A)(i) The percentage of claims for prescription
drugs under the plan that are initially denied.
``(ii) The percentage of such claim denials that
are appealed.
``(iii) The percentage of such appealed claim
denials that are reversed upon appeal.
``(B) The volume of such claims denials that are
based on--
``(i) a medical necessity determination;
``(ii) the drug not being on a formulary;
and
``(iii) other reasons.''.
SEC. 9. MEDICARE PRESCRIPTION DRUG OMBUDSMAN.
Section 1808 of the Social Security Act (42 U.S.C. 1395b-9) is
amended by adding at the end the following new subsection:
``(d) Medicare Prescription Drug Ombudsman.--
``(1) In general.--The Secretary shall appoint within the
Department of Health and Human Services a Medicare Prescription
Drug Ombudsman who shall have expertise and experience in the
fields of health care and education of (and assistance to)
individuals entitled to benefits under this title with respect
to prescription drug coverage under part D of this title.
``(2) Duties.--The Medicare Prescription Drug Ombudsman
shall--
``(A) receive complaints, grievances, and requests
for information submitted by individuals entitled to
benefits under part D;
``(B) provide assistance with respect to
complaints, grievances, and requests referred to in
subparagraph (A), including--
``(i) assistance in collecting relevant
information for such individuals, to seek an
appeal of a decision or determination made by a
PDP sponsor or MA organization;
``(ii) assistance to such individuals with
any problems arising from disenrollment from a
PDP under part C or an MA-PD plan under part D;
``(C) provide assistance to beneficiaries in
relation to State medicaid programs under title XIX and
drug manufacturers in accessing medically necessary
drugs that are excluded from coverage under part D; and
``(D) submit annual reports to Congress and the
Secretary that describe the activities of the Office
and that include such recommendations for improvement
in the administration of part D of this title as the
Ombudsman determines appropriate.
The annual report under subparagraph (D) in 2007 and 2009 shall
include information on the number of cases described in
subparagraph (C) that are handled and the success rates in
finding alternative sources of coverage.''. | Medicare Advantage and Prescription Drug Accountability Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the contract with an Medicare Advantage (MA) organization to provide for a minimum loss ratio (aggregate average benefits that are at least a minimum ratio of the aggregate average revenues collected under the contract) and a maximum administrative cost ratio (aggregate average administrative costs that do not exceed a maximum ratio of the aggregate average revenues collected under the contract).
Requires each contract with a Medicare+Choice organization to grant the Secretary of Health and Human Services the right to audit and inspect any books and records of the organization for compliance with such ratio and related administrative cost requirements.
Applies such requirements to contracts with prescription drug sponsors under Medicare part D (Voluntary Prescription Drug Benefit Program).
Prescribes requirements for financial transparency of MA plans.
Renders an election to enroll with an MA plan ineffective unless the election form is signed by the individual and specifically acknowledges specified plan features.
Applies such requirements to prescription drug plans under Medicare part D.
Directs the Secretary to transmit to Congress annual MA accountability and prescription drug accountability reports.
Requires periodic audits by the departmental Inspector General of the Secretary's determinations about the acturial equivalency of MA plans.
Requires each prescription drug plan sponsor with respect to a prescription drug plan, and each MA organization with respect to an MA-PD plan, to report annually to the Inspector General on drug claims rejections and reversals on appeal.
Directs the Secretary to appoint a Medicare prescription drug ombudsman. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for improved accountability in the Medicare Advantage and prescription drug programs."} | 3,180 | 355 | 0.618965 | 1.952859 | 0.735141 | 3.740741 | 8.956229 | 0.919192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Automotive Products
Export Reform Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The economic and national security interests of the
United States are enhanced when--
(A) the United States military has affordable and
timely access to commercially-available automotive
products and technologies, including products and
technologies relating to safety, vehicle handling, and
fuel efficiency; and
(B) companies doing business in the United States
can freely export commercially-available automotive
products and technologies that would not make a
significant contribution to the military potential of
other countries, except to countries, organizations,
and individuals that are subject to United States trade
sanctions.
(2) The economic and national security interests of the
United States are not advanced by export control regulations
that restrict the United States military's access to
commercially-available automotive products and technologies
that either--
(A) are widely available for use on non-military
automotive vehicles; or
(B) would not make a significant contribution to
the military potential of other countries.
(3) Current and proposed United States export control
regulations result in unnecessary restrictions on commercially-
available automotive products and technologies, including--
(A) the need to obtain a license from the
Department of State or Department of Commerce before
exporting commercially-available automotive products
and technologies if modified even in insignificant ways
for use on a military vehicle; and
(B) the need to obtain a license from the
Department of State or Department of Commerce before
placing the specifications for such products on a
computer system to which a foreign national worker has
access.
(4) None of the multilateral export control regimes of
which the Unites States is a party requires the export
restrictions that currently apply to commercially-available
automotive products and technologies.
(5) The unnecessary restrictions described in this section
limit the ability of the United States military to procure
commercially-available automotive products and technologies in
a timely and affordable manner, adversely affect the safety and
fuel economy of United States military vehicles, put the United
States military at a comparative disadvantage against its
adversaries, create barriers to job creation in the United
States, burden taxpayers unnecessarily with increased costs for
military vehicles and related parts and components, place
unnecessary regulatory burdens on United States companies, and
waste valuable licensing and enforcement resources on
controlling the exportation of militarily insignificant
products and technologies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Automotive products.--The term ``automotive products''
means parts, components, accessories, and attachments for
automotive vehicles.
(2) Automotive technologies.--The term ``automotive
technologies'' means technologies relating to automotive
products, including the information, concepts, specifications,
schematics, formulas, methods, software and firmware, and
techniques needed to manufacture, test, install, implement,
operate, service, and repair commercially-available automotive
products.
(3) Automotive vehicles.--The term ``automotive vehicles''
means wheeled or tracked self-propelled land vehicles and
trailers.
(4) Commerce control list.--The term ``Commerce Control
List'' means the list maintained under part 774 of title 15,
Code of Federal Regulations.
(5) Commercially-available automotive products and
technologies.--
(A) In general.--The term ``commercially-available
automotive products and technologies'' means
commercially-available automotive products and
commercially-available automotive technologies (as
described in subparagraph (B)) for automotive vehicles
that are used on one or more non-military automotive
vehicles, including prototypes and concept vehicles,
including any of the foregoing when subjected only to
minor modifications (as described in subparagraph (C)).
(B) Commercially-available automotive technologies
described.--Commercially-available automotive
technologies described in this subparagraph--
(i) shall include automotive technologies
that are reasonably needed to ensure that
commercially-available automotive products
function properly on a military automotive
vehicle, such as specifications and testing
requirements necessary to supply the
commercially-available automotive product for
use on the military vehicle; and
(ii) shall not include technologies that
relate to weaponry, military armor, military
threat detection systems, military
reconnaissance or surveillance systems,
military command control and communications
systems, or location concealment (other than
through sound reduction or application of
paints or coatings not restricted for export
under regulations administered by the
Department of State or Department of Commerce).
(C) Minor modifications described.--Minor
modifications, with respect to commercially-available
automotive products or commercially-available
automotive technologies--
(i) shall mean modifications of the sort
commonly made in the non-military automotive
market, including--
(I) changes from British Imperial/
SAE sizes to metric sizes or vice
versa;
(II) moving an input or output from
one location on an item to another;
(III) changes to the mounting
brackets, fastener locations, and other
mounting characteristics of an item;
(IV) changes to voltage
requirements or output;
(V) increases or decreases in size;
(VI) changes to data values used by
electronic parts (such as entering tire
size into a speedometer assembly so
that it can calculate speed);
(VII) changes to the number or
configuration of constituent items or
technologies (such as changing the
number of tires to be included in a
tire pressure monitoring system from 18
to 6);
(VIII) selection of a new
combination of characteristics from
existing options in the non-military
automotive vehicle market even if the
exact combination of characteristics
has not been used before; and
(IX) other changes that would not
prevent a product or technology from
being a commercial item (as such term
is defined under the Federal
Acquisition Regulation); and
(ii) shall not include any modifications to
products or technologies that constitute,
control, or directly enhance automotive vehicle
weaponry, military armor, military threat
detection systems, military reconnaissance or
surveillance systems, military command control
and communications systems, or location
concealment (other than through sound reduction
or application of paints or coatings not
restricted for export under regulations
administered by the Department of State or
Department of Commerce).
(6) Export administration regulations.--The term ``Export
Administration Regulations'' means--
(A) the Export Administration Regulations as
maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.; 15 C.F.R. parts 730-780); or
(B) any successor regulations.
(7) Technology.--The term ``technology'' has the meaning
given the term in the Export Administration Regulations (15
C.F.R. 772).
(8) United states munitions list.--The term ``United States
Munitions List'' means the list referred to in section 38(a)(1)
of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 4. ISSUANCE OF PROPOSED REGULATIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall issue proposed regulations
to remove from the United States Munitions List and Commerce Control
List all commercially-available automotive products and technologies,
whether listed in sections of such lists devoted specifically to
automotive products and technologies or otherwise controlled by such
lists.
(b) Exception.--Subsection (a) shall not apply with respect to a
commercially-available automotive product or technology if the
President determines that the removal of such automotive product or
technology from the United States Munitions List or Commerce Control
List--
(1) would make a significant contribution to the military
potential of another country; or
(2) is contrary to the national security interests of the
United States.
(c) Report to Congress.--The President shall submit to Congress a
report with respect to each determination of the President under
subsection (b) not to remove from the United States Munitions List or
Commerce Control List a commercially-available automotive product or
technology. Each such report shall--
(1) demonstrate that the automotive product or technology
has been defined as specifically and narrowly as possible;
(2) estimate the anticipated costs and burdens that
continuing regulation of the automotive product or technology
will entail in terms of--
(A) decreased availability of the product or
technology to the United States military;
(B) increased cost of the product or technology to
the United States military and taxpayers;
(C) burdens to the modernization of the United
States military's automotive vehicle fleet as compared
with United States adversaries; and
(D) the regulatory and enforcement costs associated
with monitoring and enforcing such restrictions on the
product or technology; and
(3) state the reasons why the President did not use
targeted trade sanctions imposed through regulation or
executive order to achieve the objectives underlying the
determination of the President under subsection (b) not to
remove the automotive product or technology from the United
States Munitions List or Commerce Control List.
SEC. 5. ISSUANCE OF FINAL REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall issue final regulations to
remove from the United States Munitions List and the Commerce Control
List all commercially-available automotive products and technologies,
whether listed in sections of such lists devoted specifically to
automotive products and technologies or otherwise controlled by such
lists.
(b) Exception.--Subsection (a) shall not apply with respect to a
commercially-available automotive product or technology that--
(1) is subject to a determination of the President under
section 4(b) not to remove the automotive product or technology
from the United States Munitions List or Commerce Control List;
and
(2) with respect to which the President has submitted to
Congress a report under section 4(c).
SEC. 6. ANNUAL REVIEW AND REMOVAL; REPORT.
(a) Review and Removal.--To the extent that the President
determines not to remove from the United States Munitions List or
Commerce Control List a commercially-available automotive product or
technology under section 5(b), whether listed in sections of such lists
devoted specifically to automotive products and technologies or
otherwise controlled by such lists, the President shall--
(1) on an annual basis, review such determination for
purposes of--
(A) reaffirming the determination to ensure it
continues to be accurate; or
(B) reversing the determination if it is no longer
accurate; and
(2) not later than 90 days after the completion of a review
and decision to reverse the determination under paragraph
(1)(B), remove the automotive product or technology from the
United States Munitions List or Commerce Control List.
(b) Report.--To the extent that the President determines not to
remove from the United States Munitions List or Commerce Control List a
commercially-available automotive product or technology under section
5(b), whether listed in sections of such lists devoted specifically to
automotive products and technologies or otherwise controlled by such
lists, the President shall submit to Congress an annual report
providing the information described in paragraphs (1), (2), and (3) of
section 4(c) with respect to the automotive product or technology.
SEC. 7. CLARIFICATION REGARDING TRADE SANCTIONS.
Nothing in this Act shall be construed to require the President to
revoke or alter any restrictions imposed on exports or reexports
involving countries, organizations, or individuals who are subject to
United States trade sanctions, whether imposed by regulation, executive
order, or an Act of Congress. | Commercial Automotive Products Export Reform Act of 2012 - Directs the President to issue proposed regulations to remove from the United States Munitions List and Commerce Control List all commercially-available automotive products and technologies, whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists.
Sets forth related reporting requirements.
Excludes from such provisions a commercially-available automotive product or technology that would make a significant contribution to the military potential of another country or is contrary to U.S. national security interests.
Directs the President to issue final regulations to remove from such Lists all commercially-available automotive products and technologies, whether listed in sections of such lists devoted specifically to automotive products and technologies or otherwise controlled by such lists.
Excludes from such provisions a commercially-available automotive product or technology that: (1) is subject to the presidential determination under this Act not to remove the product or technology from such Lists, and (2) with respect to which the presidential report required under this Act has been submitted to Congress.
States that nothing in this Act shall be construed to require the President to revoke or alter any restrictions imposed on exports or reexports involving countries, organizations, or individuals that are subject to U.S. trade sanctions. | {"src": "billsum_train", "title": "To reform United States export control restrictions relating to commercially-available automotive products and technologies, and for other purposes."} | 2,497 | 273 | 0.672758 | 2.067158 | 0.841937 | 5.958678 | 9.876033 | 0.942149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Freedom Preservation Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Our Nation's economy and society are increasingly
dependent on Internet services.
(2) The Internet is an essential infrastructure that is
comparable to roads and electricity in its support for a
diverse array of economic, social, and political activity.
(3) Internet technologies and services hold the promise of
advancing economic growth, fostering investment, creating jobs,
and spurring technological innovation.
(4) As the Nation becomes more reliant upon such Internet
technologies and services, unfettered access to the Internet to
offer, access, and utilize content, services, and applications
is vital.
(5) The global leadership in high technology that the
United States provides today stems directly from historic
policies that embraced competition and openness and that have
ensured that telecommunications networks are open to all lawful
uses by all users.
(6) The Internet was enabled by those historic policies and
provides an open architecture medium for worldwide
communications, providing a low barrier to entry for Internet-
based content, applications, and services.
(7) Due to legal and marketplace changes, these features of
the Internet are no longer certain, and erosion of these
historic policies permits telecommunications network operators
to control who can and who cannot offer content, services, and
applications over the Internet utilizing such networks.
(8) The national economy would be severely harmed if the
ability of Internet content, service, and application providers
to reach consumers was frustrated by interference from
broadband telecommunications network operators.
(9) The overwhelming majority of residential consumers
subscribe to Internet access service from 1 of only 2 wireline
providers: the cable operator or the telephone company.
(10) Internet access service providers have an economic
interest to discriminate in favor of their own services,
content, and applications and against other providers.
(11) A network neutrality policy based upon the principle
of nondiscrimination and consistent with the history of the
Internet's development is essential to ensure that Internet
services remain open to all consumers, entrepreneurs,
innovators, and providers of lawful content, services, and
applications.
(12) A network neutrality policy is also essential to give
certainty to small businesses, leading global companies,
investors, and others who rely upon the Internet for commercial
reasons.
(13) A network neutrality policy can also permit Internet
service providers to take action to protect network
reliability, prevent unwanted electronic mail, and thwart
illegal uses in the same way that telecommunications network
operators have historically done consistent with the
overarching principle of non-discrimination.
(14) Because of the essential role of Internet services to
the economic growth of the United States, to meet other
national priorities, and to our right to free speech under the
First Amendment of the Constitution of the United States, the
United States should adopt a clear policy preserving the open
nature of Internet communications and networks.
SEC. 3. INTERNET FREEDOM.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 12. INTERNET FREEDOM.
``(a) Internet Freedom Policy.--It is the policy of the United
States--
``(1) to protect the right of consumers to access lawful
content, run lawful applications, and use lawful services of
their choice on the Internet;
``(2) to preserve and promote the open and interconnected
nature of broadband networks and to enable consumers to connect
to such networks their choice of lawful devices, as long as
such devices do not harm the network;
``(3) to promote consumer choice and competition among
providers of lawful content, applications, and services;
``(4) to ensure that consumers receive meaningful
information regarding their communications services;
``(5) to ensure the ability to use or offer lawful
broadband content, applications, and services for lawful
purposes, as has been the policy and history of the Internet
and the basis of user expectations since its inception;
``(6) to guard against discriminatory favoritism for, or
degradation of, lawful content, applications, or services by
network operators based upon their source, ownership, or
destination on the Internet;
``(7) to preserve the freedom of independent Internet
content, application, and service providers to compete and
innovate;
``(8) to foster an evolving level of capacity available
throughout communications networks to support competition and
innovation for lawful Internet content, applications, and
services, including applications and services that require
substantial downstream and upstream bandwidth; and
``(9) to ensure that the Internet remains an indispensable
platform for innovation in the United States economy, thereby
enabling the Nation to provide global leadership in online
commerce and technological progress.
``(b) Duties of Internet Access Service Providers.--With respect to
any Internet access service offered to the public, each Internet access
service provider shall have the duty to--
``(1) not block, interfere with, discriminate against,
impair, or degrade the ability of any person to use an Internet
access service to access, use, send, post, receive, or offer
any lawful content, application, or service through the
Internet;
``(2) not impose a charge on any Internet content, service,
or application provider to enable any lawful Internet content,
application, or service to be offered, provided, or used
through the provider's service, beyond the end user charges
associated with providing the service to such provider;
``(3) not prevent or obstruct a user from attaching any
lawful device to or utilizing any such device in conjunction
with such service, provided such device does not harm the
provider's network;
``(4) offer Internet access service to any person upon
reasonable request therefor;
``(5) not provide or sell to any content, application, or
service provider, including any affiliate provider or joint
venture, any offering that prioritizes traffic over that of
other such providers on an Internet access service; and
``(6) not install or utilize network features, functions,
or capabilities that impede or hinder compliance with this
section.
``(c) Commission Action.--Not later than 90 days after the date of
enactment of the Internet Freedom Preservation Act of 2009, the
Commission shall promulgate rules to ensure that providers of Internet
access service--
``(1) fulfill the duties described in subsection (b);
``(2) disclose meaningful information to consumers about a
provider's Internet access service in a clear, uniform, and
conspicuous manner and in conformity with the duties described
in subsection (e);
``(3) generally, to the extent feasible, make available
sufficient network capacity to users to enable the provision,
availability, and use of an Internet access service to support
lawful content, applications, and services that require high
bandwidth communications to and from an end user; and
``(4) not operate Internet access services in an
anticompetitive, unreasonable, unfair, discriminatory, or
deceptive manner.
``(d) Reasonable Network Management.--Nothing in this section shall
be construed to prohibit an Internet access provider from engaging in
reasonable network management consistent with the policies and duties
of nondiscrimination and openness set forth in this Act. For purposes
of subsections (b)(1) and (b)(5), a network management practice is a
reasonable practice only if it furthers a critically important
interest, is narrowly tailored to further that interest, and is the
means of furthering that interest that is the least restrictive, least
discriminatory, and least constricting of consumer choice available. In
determining whether a network management practice is reasonable, the
Commission shall consider, among other factors, the particular network
architecture or technology limitations of the provider.
``(e) Transparency for Consumers.--With respect to any Internet
access service or private transmission capacity offered to the public,
each Internet access service provider shall provide to consumers and
make publicly available detailed information about such services,
including information about the speed, nature, and limitations of such
services. Each Internet access service provider must publicly disclose,
at a minimum, network management practices that affect communications
between a user and a content, application, or service provider in the
ordinary, routine use of such broadband service.
``(f) Stand-Alone Internet Access Service.--Within 180 days after
the date of enactment of the Internet Freedom Preservation Act of 2009,
the Commission shall promulgate rules to ensure that an Internet access
service provider does not require a consumer, as a condition on the
purchase of any Internet access service offered by such provider, to
purchase any other service or offering. The Commission shall adopt any
other rules it determines necessary to make such requirement effective
and meaningful for consumers.
``(g) Other Services.--Not later than 180 days after the date of
enactment of the Internet Freedom Preservation Act of 2009, the
Commission shall complete all actions necessary to--
``(1) promote an ever-increasing level of Internet access
service to end users;
``(2) ensure that such evolving level of service provided
to end users is capable of supporting lawful content,
applications, and services and provides ample bandwidth for
such traffic to and from an end user;
``(3) promote both facilities-based and nonfacilities-based
competition to enable information service providers to have
marketplace choices for transmission capacity to reach end
users;
``(4) define the term `private transmission capacity
services';
``(5) clarify whether private transmission capacity
services may not be subject to the duties described in
subsections (b)(5) and (b)(6);
``(6) ensure that private transmission capacity services do
not undermine the purposes of this Act and do not diminish or
degrade the level of Internet access service offered to the
public by the same provider; and
``(7) ensure that private transmission capacity services
are not offered in an anticompetitive, unreasonable,
discriminatory, or deceptive manner.
``(h) Implementation.--Not later than 180 days after the date of
enactment of the Internet Freedom Preservation Act of 2009, the
Commission shall--
``(1) prescribe rules to permit any aggrieved person to
file a complaint with the Commission concerning any violation
of this section;
``(2) establish enforcement and expedited adjudicatory
review procedures consistent with the objectives of this
section, including the resolution of any complaint described in
paragraph (1) not later than 90 days after such complaint was
filed, except for good cause shown;
``(3) prescribe rules with respect to the reasonable
network management practices described under subsection (d) for
all Internet access services; and
``(4) prescribe rules with respect to the appropriate
disclosure obligations under subsection (e) for private
transmission capacity services.
``(i) Enforcement.--
``(1) In general.--The Commission shall enforce compliance
with this section under title V, except that--
``(A) no forfeiture liability shall be determined
under section 503(b) against any person unless such
person receives the notice required by section
503(b)(3) or section 503(b)(4); and
``(B) the provisions of section 503(b)(5) shall not
apply.
``(2) Special orders.--In addition to any other remedy
provided under this Act, the Commission may issue any
appropriate order, including an order--
``(A) directing an Internet access service provider
to pay damages to a complaining party for a violation
of this section or the regulations promulgated pursuant
to this section; or
``(B) to enforce the provisions of this section.
``(j) Illegal Conduct.--Nothing in this Act shall be construed or
interpreted to affect any law or regulation addressing prohibited or
unlawful activity, including any laws or regulations prohibiting theft
of content.
``(k) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Internet access service.--The term `Internet access
service' means a 2-way transmission offered by an Internet
access service provider that transmits information between 2 or
more points and that has as its primary, but not exclusive,
purpose the enabling of data to be sent or received from the
Internet.
``(2) Internet access service provider.--The term `Internet
access service provider' means a person or entity that operates
or resells and controls any facility used to provide an
Internet access service directly to the public, whether
provided for a fee or for free, and whether provided via wire
or radio, except when such service is offered as an incidental
component of a noncommunications contractual relationship.
``(3) User.--The term `user' means any residential or
business subscriber who, by way of an Internet access service,
takes and utilizes Internet access services, whether provided
for a fee, in exchange for an explicit benefit, or for free.
``(4) Reasonable network management.--The term `reasonable
network management' shall be defined by the Commission through
regulations.''. | Internet Freedom Preservation Act of 2009 - Amends the Communications Act of 1934 to set the policy of the United States regarding various aspects of the Internet, including access, consumer choice, competition, ability to use or offer content, applications, and services, discriminatory favoritism, and capacity.
Makes it the duty of each Internet access service provider to: (1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use an Internet access service; (2) not impose certain charges on any Internet content, service, or application provider; (3) not prevent or obstruct a user from attaching or using any lawful device in conjunction with such service, provided the device does not harm the provider's network; (4) offer Internet access service to any requesting person; (5) not provide or sell to any content, application, or service provider any offering that prioritizes traffic over that of other such providers; and (6) not install or use network features, functions, or capabilities that impede or hinder compliance with these duties.
Requires the Federal Communications Commission (FCC) to promulgate related rules.
Prohibits construing this Act to prohibit an Internet access provider from engaging in reasonable network management.
Requires the FCC to: (1) promulgate rules to ensure that an Internet access service provider does not require a consumer, as a condition on the purchase of any Internet access service, to purchase any other service or offering; and (2) take certain actions, including regarding private transmission capacity services. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to establish a national broadband policy, safeguard consumer rights, spur investment and innovation, and for related purposes."} | 2,762 | 327 | 0.547904 | 1.763255 | 0.719433 | 5.94702 | 9.10596 | 0.953642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RESPONSE Act of 2016''.
SEC. 2. RAILROAD EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL NEEDS,
AND SAFETY EVALUATION SUBCOMMITTEE.
Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) RESPONSE Subcommittee.--
``(1) Establishment.--Not later than 30 days after the date of
the enactment of the RESPONSE Act of 2016, the Administrator shall
establish, as a subcommittee of the National Advisory Council, the
Railroad Emergency Services Preparedness, Operational Needs, and
Safety Evaluation Subcommittee (referred to in this subsection as
the `RESPONSE Subcommittee').
``(2) Membership.--Notwithstanding subsection (c), the RESPONSE
Subcommittee shall be composed of the following:
``(A) The Deputy Administrator, Protection and National
Preparedness of the Federal Emergency Management Agency, or
designee.
``(B) The Chief Safety Officer of the Pipeline and
Hazardous Materials Safety Administration, or designee.
``(C) The Associate Administrator for Hazardous Materials
Safety of the Pipeline and Hazardous Materials Safety
Administration, or designee.
``(D) The Director of the Office of Emergency
Communications of the Department of Homeland Security, or
designee.
``(E) The Director for the Office of Railroad, Pipeline and
Hazardous Materials Investigations of the National
Transportation Safety Board, or designee.
``(F) The Chief Safety Officer and Associate Administrator
for Railroad Safety of the Federal Railroad Administration, or
designee.
``(G) The Assistant Administrator for Security Policy and
Industry Engagement of the Transportation Security
Administration, or designee.
``(H) The Assistant Commandant for Response Policy of the
Coast Guard, or designee.
``(I) The Assistant Administrator for the Office of Solid
Waste and Emergency Response of the Environmental Protection
Agency, or designee.
``(J) Such other qualified individuals as the co-
chairpersons shall jointly appoint as soon as practicable after
the date of the enactment of the RESPONSE Act of 2016 from
among the following:
``(i) Members of the National Advisory Council that
have the requisite technical knowledge and expertise to
address rail emergency response issues, including members
from the following disciplines:
``(I) Emergency management and emergency response
providers, including fire service, law enforcement,
hazardous materials response, and emergency medical
services.
``(II) State, local, and tribal government
officials.
``(ii) Individuals who have the requisite technical
knowledge and expertise to serve on the RESPONSE
Subcommittee, including at least 1 representative from each
of the following:
``(I) The rail industry.
``(II) Rail labor.
``(III) Persons who offer oil for transportation by
rail.
``(IV) The communications industry.
``(V) Emergency response providers, including
individuals nominated by national organizations
representing State and local governments and emergency
responders.
``(VI) Emergency response training providers.
``(VII) Representatives from tribal organizations.
``(VIII) Technical experts.
``(IX) Vendors, developers, and manufacturers of
systems, facilities, equipment, and capabilities for
emergency responder services.
``(iii) Representatives of such other stakeholders and
interested and affected parties as the co-chairpersons
consider appropriate.
``(3) Co-chairpersons.--The members described in subparagraphs
(A) and (B) of paragraph (2) shall serve as the co-chairpersons of
the RESPONSE Subcommittee.
``(4) Initial meeting.--The initial meeting of the RESPONSE
Subcommittee shall take place not later than 90 days after the date
of enactment of the RESPONSE Act of 2016.
``(5) Consultation with nonmembers.--The RESPONSE Subcommittee
and the program offices for emergency responder training and
resources shall consult with other relevant agencies and groups,
including entities engaged in federally funded research and
academic institutions engaged in relevant work and research, which
are not represented on the RESPONSE Subcommittee to consider new
and developing technologies and methods that may be beneficial to
preparedness and response to rail hazardous materials incidents.
``(6) Recommendations.--The RESPONSE Subcommittee shall develop
recommendations, as appropriate, for improving emergency responder
training and resource allocation for hazardous materials incidents
involving railroads after evaluating the following topics:
``(A) The quality and application of training for State and
local emergency responders related to rail hazardous materials
incidents, including training for emergency responders serving
small communities near railroads, including the following:
``(i) Ease of access to relevant training for State and
local emergency responders, including an analysis of--
``(I) the number of individuals being trained;
``(II) the number of individuals who are applying;
``(III) whether current demand is being met;
``(IV) current challenges; and
``(V) projected needs.
``(ii) Modernization of training course content related
to rail hazardous materials incidents, with a particular
focus on fluctuations in oil shipments by rail, including
regular and ongoing evaluation of course opportunities,
adaptation to emerging trends, agency and private sector
outreach, effectiveness and ease of access for State and
local emergency responders.
``(iii) Identification of overlap in training content
and identification of opportunities to develop
complementary courses and materials among governmental and
nongovernmental entities.
``(iv) Online training platforms, train-the-trainer,
and mobile training options.
``(B) The availability and effectiveness of Federal, State,
local, and nongovernmental funding levels related to training
emergency responders for rail hazardous materials incidents,
including emergency responders serving small communities near
railroads, including--
``(i) identifying overlap in resource allocations;
``(ii) identifying cost savings measures that can be
implemented to increase training opportunities;
``(iii) leveraging government funding with
nongovernmental funding to enhance training opportunities
and fill existing training gaps;
``(iv) adaptation of priority settings for agency
funding allocations in response to emerging trends;
``(v) historic levels of funding across Federal
agencies for rail hazardous materials incident response and
training, including funding provided by the private sector
to public entities or in conjunction with Federal programs;
and
``(vi) current funding resources across agencies.
``(C) The strategy for integrating commodity flow studies,
mapping, and rail and hazardous materials databases for State
and local emergency responders and increasing the rate of
access to the individual responder in existing or emerging
communications technology.
``(7) Report.--
``(A) In general.--Not later than 1 year after the date of
the enactment of the RESPONSE Act of 2016, the RESPONSE
Subcommittee shall submit a report to the National Advisory
Council that--
``(i) includes the recommendations developed under
paragraph (6);
``(ii) specifies the timeframes for implementing any
such recommendations that do not require congressional
action; and
``(iii) identifies any such recommendations that do
require congressional action.
``(B) Review.--Not later than 30 days after receiving the
report under subparagraph (A), the National Advisory Council
shall begin a review of the report. The National Advisory
Council may ask for additional clarification, changes, or other
information from the RESPONSE Subcommittee to assist in the
approval of the recommendations.
``(C) Recommendation.--Once the National Advisory Council
approves the recommendations of the RESPONSE Subcommittee, the
National Advisory Council shall submit the report to--
``(i) the co-chairpersons of the RESPONSE Subcommittee;
``(ii) the head of each other agency represented on the
RESPONSE Subcommittee;
``(iii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(iv) the Committee on Commerce, Science, and
Transportation of the Senate;
``(v) the Committee on Homeland Security of the House
of Representatives; and
``(vi) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(8) Interim activity.--
``(A) Updates and oversight.--After the submission of the
report by the National Advisory Council under paragraph (7),
the Administrator shall--
``(i) provide annual updates to the congressional
committees referred to in paragraph (7)(C) regarding the
status of the implementation of the recommendations
developed under paragraph (6); and
``(ii) coordinate the implementation of the
recommendations described in paragraph (6)(G)(i), as
appropriate.
``(B) Sunset.--The requirements of subparagraph (A) shall
terminate on the date that is 2 years after the date of the
submission of the report required under paragraph (7)(A).
``(9) Termination.--The RESPONSE Subcommittee shall terminate
not later than 90 days after the submission of the report required
under paragraph (7)(C).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | RESPONSE Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency (FEMA) to establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Subcommittee of the National Advisory Council. The RESPONSE Subcommittee shall develop recommendations for improving emergency responder training and resource allocation for hazardous materials (hazmat) incidents involving railroads after evaluating the following topics: the quality and application of training for state and local emergency responders related to rail hazmat incidents, including training for emergency responders serving small communities near railroads; the availability and effectiveness of federal, state, local, and nongovernmental funding levels related to training emergency responders for rail hazmat incidents, including emergency responders serving small communities near railroads; and the strategy for integrating commodity flow studies, mapping, and rail and hazmat databases for state and local emergency responders and increasing the rate of access to the individual responder in existing or emerging communications technology. The RESPONSE Subcommittee shall terminate within 90 days after the council submits a report approving the RESPONSE Subcommittee recommendations. | {"src": "billsum_train", "title": "RESPONSE Act of 2016"} | 2,147 | 273 | 0.611397 | 1.681649 | 0.825307 | 5.381643 | 9.318841 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compensating Losses to the
Environment from Automobiles with Noxious Undisclosed Pollution Act of
2016'' or the ``CLEANUP Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Electric drive vehicle.--The term ``electric drive
vehicle'' means a vehicle that--
(A)(i) is--
(I) a light-duty vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act)) that draws motive power
from a battery with a capacity of at least 4
kilowatt-hours; or
(II) a heavy-duty vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act)) with a gross vehicle
weight rating--
(aa) greater than 8,500 pounds and
less than 14,000 pounds that draws
motive power from a battery with a
capacity of at least 10 kilowatt-hours;
(bb) greater than 14,000 pounds but
less than 33,000 pounds that draws
motive power from a battery with a
capacity of at least 15 kilowatt-hours;
or
(cc) greater than 33,000 pounds
that draws motive power from a battery
with a capacity of at least 20
kilowatt-hours; and
(ii) can be recharged from an external source of
electricity for motive power; or
(B) is a motor vehicle (as defined in section 216
of the Clean Air Act (42 U.S.C. 7550)) that draws
motive power from a fuel cell (as defined in section
803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42
U.S.C. 16152)).
(3) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State;
(B) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b));
(C) a unit of local government; or
(D) a group composed of not fewer than 2--
(i) States;
(ii) Indian tribes; or
(iii) units of local government.
(4) Qualified electric drive vehicle infrastructure.--
(A) In general.--The term ``qualified electric
drive vehicle infrastructure'' means any equipment or
service that--
(i) supports the electric refueling needs
of electric drive vehicles; and
(ii) serves smart grid functions (as
defined in section 1306(d) the Energy
Independence and Security Act of 2007 (42
U.S.C. 17386)) that optimize the integration of
electric drive vehicles into the electric grid.
(B) Inclusions.--The term ``qualified electric
drive vehicle infrastructure'' includes any equipment
or services described in subparagraph (A) that is
located in a public or private location, including--
(i) a street parking location;
(ii) a parking garage;
(iii) a parking lot;
(iv) a home;
(v) a gas station; and
(vi) a highway rest stop.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. AVERAGE FUEL ECONOMY CREDITS OBTAINED BY REASON OF VIOLATION OF
LAW.
(a) Denial of Credits.--Section 32903 of title 49, United States
Code, is amended by adding at the end the following:
``(i) Denial of Credits Obtained by Reason of Violation of Law.--If
the Secretary determines that a manufacturer has obtained credits under
this section by reason of a practice that violates this title or title
II of the Clean Air Act (42 U.S.C. 7521 et seq.), such credits shall
not be available to the manufacturer.''.
(b) Additional Civil Penalty.--Section 32912 of title 49, United
States Code, is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``of this
section'' and inserting ``or for each credit to be used
in calculating a civil penalty under subsection (f)'';
and
(B) in subparagraph (B), by inserting ``or each
credit, as the case may be'' before the period at the
end; and
(2) by adding at the end the following:
``(f) Civil Penalty With Respect to Average Fuel Economy Credits
Obtained by Reason of Violation of Law.--In addition to any other
penalty under this title and except as provided under subsection (c), a
manufacturer that obtains credits under section 32903 by reason of a
practice that violates this title or title II of the Clean Air Act (42
U.S.C. 7521 et seq.) is liable to the Government for a civil penalty in
an amount equal to $5 multiplied by the number of such credits.''.
SEC. 4. AIR QUALITY RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Air Quality Restoration
Trust Fund'' (referred to in this section as the ``Trust Fund''),
consisting of--
(1) such amounts as are deposited in the Trust Fund under
subsection (b); and
(2) any interest on, and proceeds from, any investment made
under subsection (d).
(b) Transfers.--The Secretary shall deposit in the Trust Fund an
amount equal to all administrative and civil penalties or other
payments paid to the Federal Government after the date of enactment of
this Act in connection with any violation or alleged violation of title
II of the Clean Air Act (42 U.S.C. 7521 et seq.).
(c) Availability.--Amounts in the Trust Fund shall--
(1) be available for expenditure to the extent and in the
amounts provided in advance by appropriation Acts solely for
making expenditures under subsection (f); and
(2) remain available until expended, without fiscal year
limitation.
(d) Investment.--Amounts in the Trust Fund shall be invested in
accordance with section 9702 of title 31, United States Code.
(e) Administration.--Not later than 180 days after the date of
enactment of this Act, after providing notice and an opportunity for
public comment, the Secretary, in consultation with the Administrator
and the heads of any other relevant Federal agency, shall establish
such procedures as the Secretary determines to be necessary to deposit
amounts in, and expend amounts from, the Trust Fund pursuant to this
section, including--
(1) procedures to assess whether a project carried out
under subsection (f) achieves compliance with applicable
requirements, including procedures by which the Secretary may
determine whether an expenditure pursuant to the project
achieves compliance;
(2) auditing requirements to ensure that amounts in the
Trust Fund are expended as intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly
attributable to the management of the Trust Fund.
(f) Use of Funds.--Amounts from the Trust Fund shall be available
solely for making grants to eligible applicants to support projects
that--
(1) increase qualified electric drive vehicle
infrastructure;
(2) retrofit school buses or heavy-duty fleets to reduce
air emissions significantly;
(3) purchase hybrid or zero emissions school buses or
heavy-duty vehicles;
(4) purchase electric drive vehicles for municipal fleets;
(5) provide public health grants to help track, treat, and
reduce the number of air emissions-related illnesses, such as
asthma, cardiovascular disease, and lung cancer; or
(6) provide grants for projects to improve air quality in
low-income communities. | Compensating Losses to the Environment from Automobiles with Noxious Undisclosed Pollution Act of 2016 or the CLEANUP Act This bill directs the Department of the Treasury to deny Corporate Average Fuel Economy (CAFE)credits to any automobile manufacturer that circumvents emission control requirements to obtain CAFE credits unlawfully. Manufacturers earn CAFE credits when the average fuel economy for a given annualfleet of vehicles exceeds the minimalrequiredCAFE standards. Additionally, the National Highway Traffic Safety Administration(NHTSA)is authorized to collect additional penalties from manufacturers that obtain CAFE credits unlawfully. The bill also establishes an Air Quality RestorationTrust Fund funded with deposits from penalties NHTSA collects from manufacturers under this bill. The fund must be used solely forproviding grants to support specific programs that restore and improve air quality. | {"src": "billsum_train", "title": "CLEANUP Act"} | 1,831 | 188 | 0.349216 | 1.024725 | 0.664248 | 1.625954 | 12.351145 | 0.633588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer License Plate Matching
Grant Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) During 2001, 182,800 new cases of female invasive
breast cancer will be diagnosed, and 40,800 women will die from
the disease. In addition, 1,400 male cases are projected to be
diagnosed, and 400 men will die from the disease.
(2) Breast cancer is the second leading cause of cancer
death among all women and the leading cause of cancer death
among women between ages 40 and 55.
(3) Breast cancer is the most common form of cancer among
women, excluding skin cancers.
(4) Each year thousands of women and men who cannot afford
treatment are diagnosed with breast cancer.
(5) Early detection of breast cancer is the best
protection. However, there is no benefit of early detection if
adequate treatment cannot be obtained.
(b) Purposes.--The purposes of this Act are as follows:
(1) To promote the creation of specialized license plates
for breast cancer awareness and research or treatment programs
by providing matching grants to States that develop and fund
such license plate programs.
(2) To provide an incentive for States to develop a program
similar to the Breast Cancer License Plate program in
California, which authorizes special breast cancer license
plates for an increased fee with a portion of that fee being
expended to assist low-income breast cancer victims in
affording treatment or to increase research funding.
(3) To continue the partnerships among the Federal
Government, State governments, and individuals in raising
awareness about breast cancer among all Americans.
SEC. 3. MATCHING GRANTS FOR ESTABLISHMENT OF STATE LICENSE PLATE
PROGRAMS REGARDING BREAST CANCER.
(a) In General.--The Secretary of Health and Human Services may
make grants to States for the purpose of assisting the States with the
costs of establishing programs under which--
(1) the State involved develops a vehicle license plate
that displays a message devised by the State to indicate
support for programs that respond to the problem of breast
cancer;
(2) from fees paid by residents of the State for such
license plates, the State reserves funds for the purpose
described in subsection (b); and
(3) the State carries out activities to make residents of
the State aware of the license plate and the relationship
between the license plate and breast cancer programs.
(b) Funding for Breast Cancer Programs.--The purpose referred to in
subsection (a)(2) is providing funds to public or private entities for
any or all of the following:
(1) To assist individuals who have breast cancer in paying
the costs of receiving treatment for the cancer.
(2) To carry out programs of research regarding the
prevention or treatment of breast cancer.
(3) To carry out activities to educate the public on breast
cancer.
(c) Matching Funds.--
(1) In general.--With respect to the costs of the program
to be carried out by a State with a grant under subsection (a),
the Secretary may make such a grant only if the State agrees to
make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than 50 percent of such costs ($1
for each $1 provided in the grant).
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e) Limitation.--A State may not receive more than one grant under
subsection (a).
(f) Definitions.--For purposes of this section:
(1) The term `Secretary' means the Secretary of Health and
Human Services.
(2) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2002 through 2004. | Breast Cancer License Plate Matching Grant Act of 2001 - Directs the Secretary of Health and Human Services to make grants to States for the purpose of assisting the States with the costs of establishing programs under which: (1) the State involved develops a vehicle license plate that displays a message devised by the State to indicate support for programs that respond to the problem of breast cancer; (2) from fees paid by residents of the State for such license plates, the State reserves funds for assisting individuals who have breast cancer in paying the costs of receiving treatment for the cancer, carrying out programs of research regarding the prevention or treatment of breast cancer, and carrying out activities to educate the public on breast cancer; and (3) the State carries out activities to make residents of the State aware of the license plate and the relationship between the license plate and breast cancer programs.Provides for matching funds and authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to make matching grants available to the States in order to encourage the establishment of State license plate programs to provide funds for the treatment of breast cancer, for research on such cancer, and for educational activities regarding such cancer."} | 1,026 | 188 | 0.746202 | 2.151692 | 0.894256 | 7.9375 | 5.647727 | 0.982955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Equity for the Economic
Development of Low Income Areas Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``low-income geographic area'' has the same
meaning as in section 351 of the Small Business Investment Act
of 1958 (15 U.S.C. 689), as amended by this Act;
(3) the term ``New Markets Venture Capital company'' has
the same meaning as in section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689); and
(4) the term ``New Markets Venture Capital Program'' means
the program under part B of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 689 et seq.).
SEC. 3. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM.
(a) Selection of Companies in Each Geographic Region.--Section 354
of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is
amended by adding at the end the following:
``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the program
established under this part, the Administrator shall select, to the
extent practicable, from among companies submitting applications under
subsection (b), not fewer than 1 company from each geographic region of
the Administration.''.
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended in the matter preceding paragraph (1), by striking
``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(2) Small manufacturer participation agreements required.--
Section 353 of the Small Business Investment Act of 1958 (15
U.S.C. 689b) is amended--
(A) by striking ``In accordance with this part,''
and inserting the following:
``(a) In General.--In accordance with this part,'';
(B) in subsection (a)(1), as so designated by this
paragraph, by inserting after ``section 352'' the
following: ``(with not fewer than 1 such agreement to
be with a company engaged primarily in development of
and investment in small manufacturers, to the extent
practicable)''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Subsection (a)(1) shall not be
construed to authorize the Administrator to decline to enter into a
participation agreement with a company solely on the basis that the
company is not engaged primarily in development of and investment in
small manufacturers.''.
SEC. 4. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to Congress a report evaluating the success
of the New Markets Venture Capital Program in promoting economic
development and creating wealth and job opportunities in low-income
geographic areas, among individuals living in such areas, by
encouraging developmental venture capital investments in smaller
enterprises.
SEC. 5. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL.
Title II of the Small Business Investment Act of 1958 (15 U.S.C.
671) is amended by adding at the end the following:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is established in the Investment
Division of the Administration, the `Office of New Markets Venture
Capital'.
``(b) Director.--The Office of New Markets Venture Capital shall be
headed by a Director, who shall be appointed by the Administrator.
``(c) Responsibilities of Director.--Subject to the direction and
control of the Administrator, the responsibilities of the Director of
the Office of New Markets Venture Capital are--
``(1) to administer the New Markets Venture Capital Program
under part B of title III;
``(2) to periodically assess the nature and scope of the
New Markets Venture Capital Program and to advise the
Administrator on recommended changes to the program, based on
such assessment;
``(3) to work to expand the number of small business
concerns participating in the New Markets Venture Capital
Program;
``(4) to encourage investment in small manufacturing; and
``(5) to perform such other duties relating to such
responsibilities as the Administrator may provide.''.
SEC. 6. LOW-INCOME GEOGRAPHIC AREAS.
(a) Modification of Definition of Low-Income Geographic Area for
Purposes of New Markets Venture Capital Program.--
(1) In general.--Section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689) is amended--
(A) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the meaning given the term `low-income
community' in section 45D of the Internal Revenue Code of 1986
(relating to the new markets tax credit).''; and
(B) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(2) Retroactive application of amended definition to
capital requirement.--The definition of a low-income geographic
area in section 351(2) of the Small Business Investment Act of
1958, as amended by paragraph (1), shall apply to private
capital raised under section 354(d)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or
after the date of enactment of this Act.
(b) Study on Availability of Equity Capital.--
(1) Study required.--Not later than the end of the 180-day
period beginning on the date of enactment of this Act, the
Chief Counsel for Advocacy of the Administration shall conduct
a study on the availability of equity capital in low-income
geographic areas.
(2) Report.--Not later than 90 days after the completion of
the study under paragraph (1) the Administrator shall submit to
Congress a report containing the findings of the study required
under paragraph (1) and any recommendations of the
Administrator based on such study.
SEC. 7. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.
Section 354(d) of the Small Business Investment Act of 1958 (15
U.S.C. 689c(d)) is amended by striking ``a period of time, not to
exceed 2 years,'' and inserting ``2 years''.
SEC. 8. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 60 days after the date of enactment of this Act, the
Administrator shall prescribe standard documents for an application for
final approval by a New Markets Venture Capital company under section
354(e) of the Small Business Investment Act of 1958 (15 U.S.C.
689c(e)). The Administrator shall ensure that such documents are
designed to substantially reduce the cost burden of the application
process on a company making such an application.
SEC. 9. OPERATIONAL ASSISTANCE GRANTS.
Section 358(a)(4)(A) of the Small Business Investment Act of 1958
(15 U.S.C. 689g(a)(4)(A)) is amended to read as follows:
``(A) New markets venture capital companies.--
Notwithstanding section 354(d)(2), the amount of a
grant made under this subsection to a New Markets
Venture Capital company shall be equal to the lesser
of--
``(i) 10 percent of the private capital
raised by the company; or
``(ii) $1,000,000.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Reauthorization of New Markets Venture Capital Program.--
Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C.
689q(a)) is amended in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal years 2006
through 2009''.
(b) Office of New Markets Venture Capital.--There is authorized to
be appropriated to carry out section 202 of the Small Business
Investment Act of 1958, as added by this Act, $1,000,000. | Securing Equity for the Economic Development of Low Income Areas Act of 2006 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to select at least one company from each SBA geographic region when selecting companies to participate as New Markets Venture Capital companies.
Establishes in the Investment Division of the SBA the Office of New Markets Venture Capital.
Modifies the definition of low-income geographic area to reflect the new markets tax credit under the Internal Revenue Code.
Revises the formula for the amount of operational assistance grants for new markets venture capital companies. | {"src": "billsum_train", "title": "A bill to amend the Small Business Investment Act of 1958 to reauthorize and expand the New Markets Venture Capital Program, and for other purposes."} | 1,933 | 128 | 0.577869 | 1.469533 | 0.688851 | 3.956522 | 14.626087 | 0.878261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Department of
Veterans Affairs Accountability to Veterans Act of 2015''.
SEC. 2. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 715. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--The covered
service of an individual removed from a senior executive position under
section 713 shall not be taken into account for purposes of calculating
an annuity with respect to such individual under chapter 83 or chapter
84 of title 5, if the individual is convicted of a felony that
influenced the individual's performance while employed in the senior
executive position.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action under section 713 but who leaves employment
at the Department prior to the issuance of a final decision with
respect to such action shall not be taken into account for purposes of
calculating an annuity with respect to such individual under chapter 83
or chapter 84 of title 5, if the individual is convicted of a felony
that influenced the individual's performance while employed in the
senior executive position.
``(2) The Secretary shall make such an order not later than 7 days
after the date on which such individual is convicted of such felony.
``(3) Not later than 30 days after the Secretary issues any order
with respect to an individual under paragraph (1), the Director of the
Office of Personnel Management shall recalculate the annuity of the
individual.
``(c) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(d) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer action under
section 713, the period of service beginning on the date that
the Secretary determines under such section that such
individual engaged in activity that gave rise to such action
and ending on the date that such individual is removed from the
civil service or leaves employment at the Department prior to
the issuance of a final decision with respect to such action,
as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(g)(3).
``(4) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any action of removal or transfer under section 713 of title 38,
United States Code, commencing on or after the date of enactment of
this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``715. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
SEC. 3. REFORM OF PERFORMANCE APPRAISAL SYSTEM FOR SENIOR EXECUTIVE
SERVICE EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Performance Appraisal System.--
(1) In general.--Chapter 7 of title 38, United States Code,
as amended by section 2, is further amended by adding at the
end the following new section:
``Sec. 717. Senior executives: performance appraisal
``(a) Performance Appraisal System.--(1) The performance appraisal
system for individuals employed in senior executive positions in the
Department required by section 4312 of title 5 shall provide, in
addition to the requirements of such section, for five annual summary
ratings of levels of performance as follows:
``(A) One outstanding level.
``(B) One exceeds fully successful level.
``(C) One fully successful level.
``(D) One minimally satisfactory level.
``(E) One unsatisfactory level.
``(2) The following limitations apply to the rating of the
performance of such individuals:
``(A) For any year, not more than 10 percent of such
individuals who receive a performance rating during that year
may receive the outstanding level under paragraph (1)(A).
``(B) For any year, not more than 20 percent of such
individuals who receive a performance rating during that year
may receive the exceeds fully successful level under paragraph
(1)(B).
``(3) In evaluating the performance of an individual under the
performance appraisal system, the Secretary shall take into
consideration any complaint or report (including any pending or
published report) submitted by the Inspector General of the Department,
the Comptroller General of the United States, the Equal Employment
Opportunity Commission, or any other appropriate person or entity,
related to any facility or program managed by the individual.
``(b) Change of Position.--(1) At least once every five years, the
Secretary shall reassign each individual employed in a senior executive
position to a position at a different location that does not include
the supervision of the same personnel or programs.
``(2) The Secretary may waive the requirement under paragraph (1)
for any such individual, if the Secretary submits to the Committees on
Veterans' Affairs of the Senate and House of Representatives notice of
the waiver and an explanation of the reasons for the waiver.
``(c) Report.--Not later than March 1 of each year, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the performance appraisal system
of the Department under subsection (a). Each such report shall include,
for the year preceding the year during which the report is submitted,
all documentation concerning each of the following for each individual
employed in a senior executive position in the Department:
``(1) The initial performance appraisal.
``(2) The higher level review, if requested.
``(3) The recommendations of the performance review board.
``(4) The final summary review.
``(5) The review of the Inspector General of the Department
of the information described in paragraphs (1) through (4).
``(d) Definition of Senior Executive Position.--In this section,
the term `senior executive position' has the meaning given that term in
section 713(g)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new item:
``717. Senior executives: performance appraisal.''.
(3) Conforming amendment.--Section 4312(b) of title 5,
United States Code, is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) that, in the case of the Department of
Veterans Affairs, the performance appraisal system
meets the requirements of section 716 of title 38.''.
(b) Review of SES Management Training.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
enter into a contract with a nongovernmental entity to review
the management training program for individuals employed in
senior executive positions (as such term is defined in section
713(g)(3) of title 38, United States Code) of the Department of
Veterans Affairs that is being provided as of the date of the
enactment of this Act. Such review shall include a comparison
of the training provided by the Department of Veterans Affairs
to the management training provided for senior executives of
other Federal departments and agencies and to the management
training provided to senior executives in the private sector.
The contract shall provide that the nongovernmental entity must
complete and submit to the Secretary a report containing the
findings and conclusions of the review by not later than 180
days after the date on which the Secretary and the
nongovernmental entity enter into the contract.
(2) Report to congress.--Not later than 60 days after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives the report
together with a plan for carrying out the recommendations
contained in the report.
SEC. 4. LIMITATION ON ADMINISTRATIVE LEAVE FOR MEMBERS OF THE SENIOR
EXECUTIVE SERVICE WITHIN THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding after section 717 (as added by section 3) the
following new section:
``Sec. 719. Administrative leave limitation and report
``(a) Limitation Applicable to Members of the Senior Executive
Service Within the Department of Veterans Affairs.--(1) The Secretary
may not place any covered individual on administrative leave, or any
other type of paid non-duty status, for more than a total of 14 days
during any 365-day period.
``(2) The Secretary may waive the limitation under paragraph (1)
and extend the administrative leave or other paid non-duty status of a
covered individual placed on such leave or status under paragraph (1)
if the Secretary submits to the Committees on Veterans' Affairs of the
Senate and House of Representatives a detailed explanation of the
reasons the individual was placed on administrative leave or other paid
non-duty status and the reasons for the extension of such leave or
status. Such explanation shall include the name of the covered
individual, the location where the individual is employed, and the
individual's job title.
``(3) In this subsection, the term `covered individual' means an
individual (as defined in section 713(g)(1)) occupying a senior
executive position (as defined in section 714(g)(3))--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each quarter of any calendar year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report listing the name of any
employee of the Department (if any) who has been placed on
administrative leave, or any other type of paid non-duty status, for a
period longer than 7 days during such quarter.
``(2) Any report submitted under subsection (a) shall include, with
respect to any employee listed in such report, the position occupied by
the employee, the number of days of such leave, and the reason that
such employee was placed on such leave.''.
(b) Application.--
(1) Administrative leave limitation.--Section 719(a) of
title 38, United States Code (as added by subsection (a)),
shall apply to any action of removal or transfer under section
713 of such title or title 5, United States Code, commencing on
or after the date of enactment of this section.
(2) Report.--The report under section 719(b) of such title
(as added by subsection (a)) shall begin to apply in the
quarter that ends after the date that is 6 months after the
date of enactment of this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``719. Administrative leave limitation and report.''. | Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015 Requires the reduction of the federal annuities of individuals removed from the Department of Veterans Affairs (VA) Senior Executive Service (SES) if they are convicted of a felony that influenced their performance while employed in such position. Authorizes the VA Secretary to order the reduction of the federal annuities of individuals who were convicted of such a felony and were subject to removal or transfer from the VA SES, but who left the VA before final action was taken. Reduces such annuities by excluding the covered service performed after the activity that subjects such an individual to transfer or removal occurs. Requires the performance appraisal system for VA SES employees to provide for five specified annual summary ratings of levels of performance. Provides that in any given year no more than: (1) 10% of such employees may receive the outstanding level of performance, and (2) 20% of such employees may receive the exceeds-fully-successful level of performance. Requires the Secretary to take any complaint or report from an appropriate person or entity related to any facility or program managed by an SES employee into account in evaluating that employee's performance. Directs the Secretary, at least once every five years, to reassign each SES employee to a position at a different location that does not include the supervision of the same personnel or programs. Allows the Secretary to waive such requirement if the Secretary submits to Congress notice of, and the reasons for, such waiver. Directs the Secretary to contract with a nongovernmental entity for a review of the management training program for VA SES employees. Prohibits the Secretary from placing a VA SES employee on administrative leave, or any other type of paid non-duty status, for more than a total of 14 days during any 365-day period. Allows the Secretary to waive such prohibition with respect to such an employee if the Secretary provides Congress with a detailed explanation of the reasons the employee was placed on such leave or status and the reasons for extending that placement. | {"src": "billsum_train", "title": "Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015"} | 2,714 | 451 | 0.573444 | 1.897197 | 0.737575 | 3.638462 | 6.561538 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Foundation
Authorization Act of 2000''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2001.--
(1) In general.--There are authorized to be appropriated to
the National Science Foundation $3,773,710,000 for fiscal year
2001.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $2,813,500,000 shall be made available to carry
out Research and Related Activities, of which--
(i) $480,560,000 shall be made available
for Biological Sciences;
(ii) $9,770,000 shall be made available for
Computer and Information Science and
Engineering;
(iii) $403,650,000 shall be made available
for Engineering;
(iv) $549,730,000 shall be made available
for Geosciences;
(v) $807,200,000 shall be made available
for Mathematical and Physical Sciences;
(vi) $159,790,000 shall be made available
for Social, Behavioral, and Economic Sciences;
(vii) $220,970,000 shall be made available
for United States Polar Research Programs;
(viii) $62,600,000 shall be made available
for United States Antarctic Logistical Support
Activities; and
(ix) $119,230,000 shall be made available
for Integrative Activities;
(B) $726,700,000 shall be made available for
Education and Human Resources, of which $53,080,000
shall be for Graduate Research Fellowships;
(C) $65,340,000 shall be made available for Major
Research Equipment, of which--
(i) $17,440,000 shall be made available for
the EarthScope;
(ii) $16,400,000 shall be made available
for the Large Hadron Collider;
(iii) $6,000,000 shall be made available
for Millimeter Array;
(iv) $12,000,000 shall be made available
for the National Ecological Observatory
Network; and
(v) $13,500,000 shall be made available for
the South Pole Station;
(D) $160,580,000 shall be made available for
Salaries and Expenses, of which $4,700,000 shall be
made available for travel; and
(E) $6,280,000 shall be made available for the
Office of Inspector General.
(b) Fiscal Year 2002.--
(1) In general.--There are authorized to be appropriated to
the National Science Foundation $3,926,164,000 for fiscal year
2002.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $2,909,490,000 shall be made available to carry
out Research and Related Activities, of which--
(i) $496,955,000 shall be made available
for Biological Sciences;
(ii) $10,103,000 shall be made available
for Computer and Information Science and
Engineering;
(iii) $417,422,000 shall be made available
for Engineering;
(iv) $568,486,000 shall be made available
for Geosciences;
(v) $834,740,000 shall be made available
for Mathematical and Physical Sciences;
(vi) $165,242,000 shall be made available
for Social, Behavioral, and Economic Sciences;
(vii) $228,508,000 shall be made available
for United States Polar Research Programs;
(viii) $64,736,000 shall be made available
for United States Antarctic Logistical Support
Activities; and
(ix) $123,298,000 shall be made available
for Integrative Activities;
(B) $751,866,000 shall be made available for
Education and Human Resources, of which $54,400,000
shall be for Graduate Research Fellowships;
(C) $90,900,000 shall be made available for Major
Research Equipment, of which--
(i) $28,460,000 shall be made available for
the EarthScope;
(ii) $16,900,000 shall be made available
for the Large Hadron Collider; and
(iii) $20,000,000 shall be made available
for the National Ecological Observatory
Network;
(D) $167,094,000 shall be made available for
Salaries and Expenses, of which $4,862,400 shall be
made available for travel; and
(E) $6,494,000 shall be made available for the
Office of Inspector General.
(c) Limitation.--Funds made available pursuant to subsections (a)
and (b) shall not be used to employ more than 75 full-time equivalent
positions in the Office of the Director for either fiscal year 2001 or
2002.
SEC. 3. PLANT GENOMICS.
(a) Plant Genome and Gene Expression Research and Development
Centers.--The National Science Foundation is authorized to make grants
for the establishment of regional plant genome and gene expression
research and development centers, the purpose of which shall be to--
(1) develop capabilities in basic plant genome research;
(2) extend basic plant genomics research through plant
breeding programs and accelerate its application to crop
improvement, particularly the development and testing of new
varieties of enhanced food crops; and
(3) serve as centers for scientific and safety information
on plant genomics.
(b) Grant Awards.--Grant awards under this section shall be made
through an open, peer-reviewed competition. When making awards, the
National Science Foundation shall ensure that as many different
agronomic environments as possible are represented.
(c) Matching Funds.--The National Science Foundation shall not
provide under this section more than 50 percent of the cost of
establishing any research and development center.
(d) Availability of Funds.--The National Science Foundation may use
up to--
(1) $3,000,000 of the funds authorized by section
2(a)(2)(A)(i) for fiscal year 2001; and
(2) $3,100,000 of the funds authorized by section
2(b)(2)(A)(i) for fiscal year 2002,
to carry out this section.
SEC. 4. RESEARCH ON LEARNING.
(a) Research on Learning.--
(1) In general.--The National Science Foundation shall make
grant awards to support research on learning focusing on the
following 4 areas:
(A) Brain research as a foundation for research on
human learning.
(B) Behavioral, cognitive, affective, and social
aspects of human learning.
(C) Science, mathematics, engineering, and
technological learning in formal and informal
educational settings.
(D) Learning in complex educational systems.
The goals of this research shall be to integrate scientific
disciplines into research on learning, to gain a better
understanding of how research and educational practice can be
reconciled, and to test, evaluate, and refine hypotheses across
disciplines.
(2) Availability of funds.--Of the amounts authorized under
section 2(a)(1) and (b)(1), $25,000,000 for fiscal year 2001
and $29,000,000 for fiscal year 2002 shall be available for
carrying out this subsection.
(b) Establishment of Research on Learning Centers.--
(1) Establishment.--The National Science Foundation shall
make grants for the establishment of centers of research on
learning. The purpose of these centers shall be to bring
together multidisciplinary teams of researchers to support the
research goals described in subsection (a)(1). Grant awards
under this subsection shall be made through an open, peer-
reviewed competition.
(2) Availability of funds.--Of the amounts authorized under
section 2(a)(1) and (b)(1), $6,000,000 for fiscal year 2001 and
$6,000,000 for fiscal year 2002 shall be available for carrying
out this subsection.
(c) Interagency Education Research Initiative.--
(1) Participation.--The National Science Foundation is
authorized to participate in the Interagency Education Research
Initiative.
(2) Availability of funds.--Of the amounts authorized under
section 2(a)(1) and (b)(1), $25,000,000 for fiscal year 2001
and $28,000,000 for fiscal year 2002 shall be available for
carrying out this subsection.
(d) Research on Learning Conference.--Within 6 months after the
date of the enactment of this Act, the National Science Foundation
shall sponsor a conference on human learning and education research,
the goal of which shall be to bring together researchers from many
disciplines, including the physical sciences, neurological sciences,
social sciences, and education practitioners. The purposes of that
conference shall be to review past research on learning, assess current
research efforts, and develop recommendations to address outstanding
research issues and to disseminate research results to education
practitioners.
SEC. 5. TECHNICAL AMENDMENTS.
The National Science Foundation Act of 1950 is amended--
(1) in section 3(b) (42 U.S.C. 1862(b)), by striking
``including the Office of Technology Assessment,''
(2) in section 5(e)(2) (42 U.S.C. 1864(e)(2)), by striking
``Labor and Human Resources'' and inserting ``Health,
Education, Labor, and Pensions''; and
(3) in section 13(a) (42 U.S.C. 1872(a)), by striking ``or
the affidavit of allegiance to the United States required by
section 15(d)(2) of this Act''.
SEC. 6. REPORTS ELIMINATION.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
to be submitted under any of the following provisions of law:
(1) Section 4(j)(1) of the National Science Foundation Act
of 1950 (42 U.S.C. 1863(j)(1)).
(2) Section 36(f) of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885c(f)).
(3) Section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d).
(4) Section 108 of the National Science Foundation
Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886).
(5) Section 101(a)(3) of the High-Performance Computing Act
of 1991 (15 U.S.C. 5511(a)(3)).
(6) Section 3(a)(7) and (f) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)).
(7) Section 7(a) of the National Science Foundation
Authorization Act, 1977 (42 U.S.C. 1873 note). | (Sec. 3) Authorizes NSF to make grants for the establishment of regional plant genome and gene expression research and development centers to: (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement, particularly the development and testing of new varieties of enhanced food crops; and (3) serve as centers for scientific and safety information on plant genomics. Prohibits NSF from providing funds for more than half of the cost of establishing any such research and development center.
(Sec. 4) Directs NSF to make grant awards to support research on learning focusing on brain research as a foundation for research on human learning, behavioral, cognitive, affective, and social aspects of such learning, science, mathematics, engineering, and technological learning in formal and informal educational settings, and learning in complex educational systems. Declares that the goals of which such research shall be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines.
Requires NSF to make grants for the establishment of centers of research on learning to bring together multidisciplinary teams of researchers to support such research goals.
Authorizes NSF to participate in the Interagency Education Research Initiative.
Directs NSF to sponsor a conference on human learning and education research to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to such practitioners.
(Sec. 5) Makes technical amendments to the National Science Foundation Act of 1950.
(Sec. 6) Prohibits the application of the Federal Reports Elimination and Sunset Act of 1995 with respect to specified reports relevant to the jurisdiction of the House Committee on Science, including certain reports originating from the National Science Foundation. | {"src": "billsum_train", "title": "National Science Foundation Authorization Act of 2000"} | 2,236 | 430 | 0.410599 | 1.411946 | 0.743083 | 5.940415 | 5.085492 | 0.919689 |
SECTION 1. TARIFF TREATMENT OF CERTAIN SILVER AND GOLD BARS.
(a) In General.--Subchapter II of chapter 71 of the Harmonized
Tariff Schedule of the United States is amended--
(1) by striking subheading 7106.92.00 and inserting in
numerical sequence the following new subheadings and superior
text thereto, with such text having the same degree of
indentation as subheading 7106.91:
`` 7106.92 Semimanufacture
d:
7106.92.10 In bar or bar-
like shape,
having a
purity of
99.5 percent
or higher and
not otherwise
marked or
decorated
than with
weight,
purity or
other
identifying
information.. Free Free
7106.92.50 Other:........ 4.8% Free (A, CA, E, IL,
J, MX) 65%
''
;
(2) by striking subheading 7108.13.50 and inserting in
numerical sequence the following new subheadings and superior
text thereto, with such text having the same degree of
indentation as subheading 7108.13.10:
`` 7108.13.55 Other:
In bar or bar-
like shape,
having a
purity of
99.5 percent
or higher
and not
otherwise
marked or
decorated
than with
weight,
purity or
other
identifying
information. Free Free
7108.13.70 Other........ 6.6% Free (CA, E, IL, J,
MX) 65% '';
and
(3) by striking subheadings 7115.90.10 through 7115.90.50
and inserting in numerical sequence the following new
subheadings and superior text, with the article description for
subheading 7115.90.15 having the same degree of indentation as
the article description of subheading 7116.10.10:
`` 7115.90.15 Gold, not clad
with precious
metal, in bar
or bar-like
shape, having
a purity of
99.5 percent
or higher and
not otherwise
marked or
decorated than
with weight,
purity or
other
identifying
information... Free Free
7115.90.25 Silver, not
clad with
precious
metal, in bar
or bar-like
shape, having
a purity of
99.5 percent
or higher and
not otherwise
marked or
decorated than
with weight,
purity or
other
identifying
information... Free Free
Other:
7115.90.30 Of gold,
including
metal clad
with gold.... 6.2% Free (A, CA, E, IL,
J, MX) 110%
7115.90.40 Of silver,
including
metal clad
with silver.. 4.8% Free (A, CA, E, IL,
J, MX) 65%
7115.90.60 Other......... 6.4% Free (A, CA, E, IL,
J, MX) 65%
''
(b) Staged Rate Reductions.--Any staged rate reduction that was
proclaimed by the President before the date of the enactment of this
Act to take effect on or after the date of the enactment of this Act--
(1) of a rate of duty set forth in subheading 7106.92.00 of
the Harmonized Tariff Schedule of the United States shall apply
to the corresponding rate of duty in subheading 7106.92.50 of
such Schedule (as added by subsection (a)(1));
(2) of a rate of duty set forth in subheading 7108.13.50
shall apply to the corresponding rate of duty in subheading
7108.13.70 of such Schedule (as added by subsection (a)(2));
(3) of a rate of duty set forth in subheading 7115.90.10
shall apply to the corresponding rate of duty in subheading
7115.90.30 of such Schedule (as added by subsection (a)(3));
(4) of a rate of duty set forth in subheading 7115.90.20
shall apply to the corresponding rate of duty in subheading
7115.90.40 of such Schedule (as added by subsection (a)(3));
and
(5) of a rate of duty set forth in subheading 7115.90.50
shall apply to the corresponding rate of duty in subheading
7115.90.60 of such Schedule (as added by subsection (a)(3)).
(c) Effective Date.--The amendments made by this section shall
apply with respect to goods that are entered, or withdrawn from
warehouse for consumption, on or after the date that is 15 days after
the date of enactment of this Act.
SEC. 2. CERTAIN COINS AND BULLION NOT TREATED AS COLLECTIBLES.
(a) In General.--Paragraph (3) of section 408(m) of the Internal
Revenue Code of 1986 (relating to exception for certain coins) is
amended to read as follows:
``(3) Exception for certain coins and bullion.--For
purposes of this subsection, the term `collectible' shall not
include--
``(A) any coin certified by a recognized grading
service and traded on a nationally recognized
electronic network, or listed by a recognized wholesale
reporting service, and--
``(i) which is or was at any time legal
tender in the country of issuance, or
``(ii) issued under the laws of any State,
and
``(B) any gold, silver, platinum, or palladium
bullion (whether fabricated in the form of a coin or
otherwise) of a fineness equal to or exceeding the
minimum fineness required for metals which may be
delivered in satisfaction of a regulated futures
contract (as defined in section 1256(g)(1)) traded on a
contract market designated by the Commodity Futures
Trading Commission under the Commodity Exchange Act,
if such coin or bullion is in the physical possession of a
trustee described under subsection (a) of this section.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1995. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of certain imported silver and gold bars.
Amends the Internal Revenue Code to exclude certain bullion (currently, coins only) from treatment as a collectible subject to tax as a distribution from an individual retirement account. | {"src": "billsum_train", "title": "To amend the Harmonized Tariff Schedule of the United States to correct the tariff treatment of certain silver and gold bars, and for other purposes."} | 1,332 | 68 | 0.351688 | 0.888794 | -0.302316 | 2.321429 | 20.803571 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Safe Shelter for Homeless
Veterans Act of 2013''.
SEC. 2. CONDITIONS ON AWARD OF PER DIEM PAYMENTS BY SECRETARY OF
VETERANS AFFAIRS FOR PROVISION OF HOUSING OR SERVICES TO
HOMELESS VETERANS.
(a) Condition.--
(1) In general.--Section 2012(c)(1) of title 38, United
States Code, is amended by striking ``unless the facilities''
and all that follows through ``may specify.'' and inserting the
following: ``unless the Secretary certifies the following:
``(A) That the building where the entity provides housing
or services for which the entity would receive such payment is
in compliance with the codes relevant to the operations and
level of care provided, including applicable provisions of the
most recently published version of the Life Safety Code of the
National Fire Protection Association or such other comparable
fire and safety requirements as the Secretary may specify.
``(B) That such building and such housing or services are
in compliance with licensing requirements, fire and safety
requirements, and any other requirements in the jurisdiction in
which the building is located regarding the condition of the
building and the provision of such housing or services.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to an application for a per diem
payment under section 2012 of title 38, United States Code,
submitted on or after the date of the enactment of this Act.
(b) Annual Inspections Required.--Section 2012 of such title is
amended by striking subsection (b) and inserting the following new
subsection (b):
``(b)(1) Not less frequently than once each fiscal year, the
Secretary shall inspect each facility of each grant recipient or entity
eligible for payments under subsection (a) at which the recipients and
entities provide services under section 2011 of this title or this
section.
``(2) Except as provided in paragraph (1), inspections made under
such paragraph shall be made at such times as the Secretary considers
necessary.
``(3) An inspection of a facility of a recipient or entity
described in paragraph (1) made under such paragraph may be made with
or without prior notice to the recipient or entity, as the Secretary
considers appropriate.
``(4) No per diem payment may be provided to a grant recipient or
eligible entity under this section unless the facilities of the grant
recipient or eligible entity meet such standards as the Secretary shall
prescribe.''.
(c) Revocation of Certification Authorized.--Subsection (c) of such
section is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(2) in paragraph (1), as amended by subsection (a)(1), by
striking ``in paragraph (2)'' and inserting ``in paragraph
(4)''; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary may revoke any certification made under
paragraph (1) if the Secretary determines that such certification is no
longer accurate.''.
(d) Congressional Notification of Termination of Per Diem
Required.--Such subsection is further amended by inserting after
paragraph (2) the following new paragraph (3):
``(3) Not later than 30 days after the date on which the Secretary
terminates provision of per diem payment under this section because the
Secretary has revoked a certification under paragraph (2), the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives notice of such termination.''.
(e) Annual Report.--Section 2065(b) of such title is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Secretary's evaluation of the safety and
accessibility of facilities used to provide services under
programs established by grant recipients or eligible entities
under section 2011 and 2012 of this title, including the number
of such grant recipients or eligible entities who have been
certified by the Secretary under section 2012(c)(1) of this
title.''.
(f) Treatment of Current Recipients of Per Diem Payments.--
(1) Assessment.--In the case of the recipient of a per diem
payment under section 2012 of title 38, United States Code,
that receives such a payment during the year in which this Act
is enacted for the provision of housing or services, the
Secretary of Veterans Affairs shall assess whether the building
where such housing or services are provided is and whether the
housing and services are in compliance as required by section
2012(c)(1) of such title, as amended by subsection (a)(1).
(2) Failure to comply.--In the case described in paragraph
(1), if the Secretary does not certify the compliance of the
building and the housing or services under such section before
the date that is two years after the date of the enactment of
this Act, the Secretary may not make any additional per diem
payments to the recipient for the provision of such housing or
services under section 2012 of such title until the Secretary
certifies that such building is and such housing or services
are in compliance.
(g) Conforming Condition on Award of Grants by Secretary of
Veterans Affairs for Comprehensive Service Programs.--Section
2011(b)(5)(A) of title 38, United States Code, is amended by inserting
``, including housing and building codes,''. | Ensuring Safe Shelter for Homeless Veterans Act of 2013 - Prohibits a per diem payment from being made to providers of services for homeless veterans unless the Secretary of Veterans Affairs (VA) certifies that: (1) the building where the entity provides housing or services is in compliance with codes relevant to the operations and level of care provided; and (2) such building and the housing or services provided are in compliance with licensing, fire and safety, and other requirements of the relevant jurisdiction regarding the condition of the building and the provision of such housing or services. Authorizes the Secretary to revoke any certification upon determining that it is no longer accurate. Requires the Secretary to: (1) inspect such facilities at least annually, and (2) notify Congress of any such revocation and termination of per diem payments. Requires the Secretary's annual report on assistance to homeless veterans to include an evaluation of the safety and accessibility of such providers' facilities. Directs the Secretary to assess the compliance of the building and housing and services provided by current per diem payment recipients. Prohibits additional payments to a recipient that is not, within two years after enactment of this Act, certified to be in compliance until the Secretary certifies that the building and housing and services provided are in compliance. | {"src": "billsum_train", "title": "Ensuring Safe Shelter for Homeless Veterans Act of 2013"} | 1,190 | 273 | 0.695751 | 2.169399 | 0.81467 | 2.804082 | 4.726531 | 0.902041 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Research on
Domestic Health Disparities Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States ranks below most industrialized
nations in health status measured by longevity, sickness, and
mortality.
(2) The United States ranks 24th among industrialized
nations in infant mortality.
(3) This poor rank in health status is attributed in large
measure to the lower health status of America's minority
populations.
(4) Many minority groups suffer disproportionately from
cancer. Disparities exist in both mortality and incidence
rates. For men and women combined, African Americans have a
cancer death rate about 35 percent higher than that for whites.
Paralleling the death rate, the incidence rate for lung cancer
in African American men is about 50 percent higher than white
men. Native Hawaiian men also have elevated rates of lung
cancer compared with white men. Alaska Native men and women
suffer from higher rates of cancers of the colon and rectum
than do whites. Vietnamese women in the United States have a
cervical cancer incidence rate more than five times greater
than white women. Hispanic women also suffer elevated rates of
cervical cancer.
(5) Infant death rates among African American, American
Indians and Alaska Natives, and Hispanics were well above the
national average. The greatest disparity exists for African
Americans. The overall American Indian rate does not reflect
the diversity among Indian communities, some of which have
infant mortality rates approaching twice the national rate.
(6) SIDS accounts for approximately 10 percent of all
infant deaths in the first year of life. Minority populations
are at greater risk for SIDS. In addition to the greater risks
among African Americans, the rates are three to four times as
high for some American Indians and Alaska Native populations.
(7) Cardiovascular disease is the leading cause of death
for all racial and ethnic groups. Major disparities exist among
population groups, with a disproportionate burden of death and
disability from cardiovascular disease in minority and low-
income populations. Stroke is the only leading cause of death
for which mortality is higher for Asian-American males than for
white males.
(8) Racial and ethnic minorities have higher rates of
hypertension, tend to develop hypertension at an earlier age,
and are less likely to undergo treatment to control their high
blood pressure.
(9) Diabetes, the seventh leading cause of death in the
United States, is a serious public health problem affecting
racial and ethnic communities. The prevalence of diabetes in
African Americans is approximately 70 percent higher than
whites and the prevalence in Hispanics is nearly double that of
whites. The prevalence rate of diabetes among American Indians
and Alaska Natives is more than twice that for the total
population and at least one tribe, the Pimas of Arizona, have
the highest known prevalence of diabetes of any population in
the world.
(10) The human immunodeficiency virus (``HIV''), which
causes acquired immune deficiency syndrome (``AIDS''), results
in disproportionate suffering in minority populations. Minority
persons represent 25 percent of the total United States
population, but 54 percent of all cases of AIDS.
(11) More than 75 percent of AIDS cases reported among
women and children occur in minority women and children.
(12) Despite suffering disproportionate rates of illness,
death, and disability, minorities have not been proportionately
represented in many clinical research trials, except in studies
of behavioral risk factors associated with negative
stereotypes.
(13) Culturally sensitive approaches to research are needed
to encourage minority participation in research studies.
(14) There is a national need for minority scientists in
the field of biomedical, clinical, and health services
research.
(15) In 1990, only 3.3 percent of all United States medical
school faculties were underrepresented minority persons.
(16) Only 1 percent of full professors were
underrepresented minority persons in 1990.
(17) The proportion of underrepresented minorities in
higher rank academic ranks, such as professors and associated
professors, actually decreased from 1980 to 1990.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RESEARCH ON DOMESTIC
HEALTH DISPARITIES.
(a) In General.--Part E of title IV of the Public Health Service
Act (42 U.S.C. 287 et seq.), as amended by section 601 of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1999 (as contained in section
101(f) of Public Law 105-277) (112 Stat. 2681-387), is amended by
adding at the end the following subpart:
``Subpart 6--National Center for Research on Domestic Health
Disparities
``Sec. 485E. (a) In General.--The general purpose of the National
Center for Research on Domestic Health Disparities (in this subpart
referred to as the `Center') is the conduct and support of basic and
clinical research, training, the dissemination of health information,
and other programs with respect to minority health.
``(b) Coordination of Activities.--
``(1) In general.--The Director of the Center shall
coordinate the activities of the Center with related activities
of the other agencies of the National Institutes of Health,
including the national research institutes.
``(2) Agencywide recommendations through comprehensive
plan.--The Director of NIH, the Director of the Center, and the
directors of the national research institutes shall collaborate
for the purpose of developing, and periodically reviewing and
as appropriate revising, a comprehensive plan that provides
recommendations for the conduct and support by the National
Institutes of Health of the activities described in subsection
(a) with respect to minority health.
``(3) Certain activities.--For purposes of the
comprehensive plan under paragraph (2), the Director of the
Center shall--
``(A) identify projects of research on minority
health that should be conducted or supported by the
Center and the other agencies of the National
Institutes of Health, including the national research
institutes;
``(B) identify multidisciplinary research relating
to research on minority health that should be so
conducted or supported;
``(C) promote coordination and collaboration among
entities conducting research identified under
subparagraph (A) or (B);
``(D) encourage the conduct of such research by
entities receiving funds from the national research
institutes;
``(E) recommend an agenda for conducting and
supporting such research; and
``(F) promote the sufficient allocation of the
resources of the national research institutes for
conducting and supporting such research.
``(c) Clinical Research Equity.--The Director of the Center shall
assist in the administration of section 492B with respect to the
inclusion of members of minority groups as subjects in clinical
research.
``(d) Research Endowments.--The Director of the Center may carry
out a program to facilitate research on minority health by providing
for research endowments at centers of excellence under section 736.
``(e) Advisory Council.--The Secretary shall, in accordance with
section 406, establish an advisory council to advise, assist, consult
with, and make recommendations to the Director of the Center on matters
relating to the activities described in subsection (a), and with
respect to such activities to carry out any other functions described
in section 406 for advisory councils under such section.
``(f) Biennial Report.--The Director of the Center shall prepare
biennial reports on the activities carried out or to be carried out by
the Center, and shall submit each such report to the Director of NIH
for inclusion in the biennial report under section 403.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this subpart, there are authorized to be appropriated $100,000,000
for fiscal year 2000, and such sums as may be necessary for each of the
fiscal years 2001 through 2004. Such authorization of appropriations is
in addition to other authorizations of appropriations that are
available for the conduct and support of research on minority health by
the national research institutes and other agencies of the National
Institutes of Health.''.
(b) Conforming Amendment.--Part A of title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended by striking section 404.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act take effect October 1, 1999, or
upon the date of the enactment of this Act, whichever occurs later. | National Center for Research on Domestic Health Disparities Act - Amends title IV (National Research Institutes) of the Public Health Service Act (PHSA), as amended by the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999, to establish, as another agency of the National Institutes of Health, a National Center for Research on Domestic Health Disparities to conduct and support basic and clinical research, training, and dissemination of health information, and other programs with respect to minority health.
Directs the Director of the Center to assist in the administration of certain PHSA clinical research requirements with respect to the inclusion of minority groups as clinical research subjects.
Directs the Secretary of Health and Human Services to establish an advisory council to assist the Director.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Center for Research on Domestic Health Disparities Act"} | 1,829 | 175 | 0.425802 | 1.159132 | 0.59136 | 4.62987 | 11.350649 | 0.941558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Small Business and
Employees Act of 1998''.
TITLE I--TRUTH IN EMPLOYMENT
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) An atmosphere of trust and civility in labor-management
relationships is essential to a productive workplace and a
healthy economy.
(2) The tactic of using professional union organizers and
agents to infiltrate a targeted employer's workplace, a
practice commonly referred to as ``salting'' has evolved into
an aggressive form of harassment not contemplated when the
National Labor Relations Act was enacted and threatens the
balance of rights which is fundamental to our system of
collective bargaining.
(3) Increasingly, union organizers are seeking employment
with nonunion employers not because of a desire to work for
such employers but primarily to organize the employees of such
employers or to inflict economic harm specifically designed to
put nonunion competitors out of business, or to do both.
(4) While no employer may discriminate against employees
based upon the views of employees concerning collective
bargaining, an employer should have the right to expect job
applicants to be primarily interested in utilizing the skills
of the applicants to further the goals of the business of the
employer.
SEC. 102. PURPOSES.
The purposes of this title are--
(1) to preserve the balance of rights between employers,
employees, and labor organizations which is fundamental to our
system of collective bargaining;
(2) to preserve the rights of workers to organize, or
otherwise engage in concerted activities protected under the
National Labor Relations Act; and
(3) to alleviate pressure on employers to hire individuals
who seek or gain employment in order to disrupt the workplace
of the employer or otherwise inflict economic harm designed to
put the employer out of business.
SEC. 103. PROTECTION OF EMPLOYER RIGHTS.
Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a))
is amended by adding after paragraph (5) the following flush sentence:
``Nothing in this subsection shall be construed as requiring an
employer to employ any person who is not a bona fide employee
applicant, in that such person seeks or has sought employment with the
employer with the primary purpose of furthering another employment or
agency status: Provided, That this sentence shall not affect the rights
and responsibilities under this Act of any employee who is or was a
bona fide employee applicant, including the right to self-organization,
to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in other
concerted activities for the purpose of collective bargaining or other
mutual aid or protection.''.
TITLE II--FAIR HEARING
SEC. 201. FINDINGS.
Congress makes the following findings:
(1) Bargaining unit determinations by their nature require
the type of fact-specific analysis that only case-by-case
adjudication allows.
(2) The National Labor Relations Board has for decades held
hearings to determine the appropriateness of certifying a
single location bargaining unit.
(3) The imprecision of a blanket rule limiting the factors
considered material to determining the appropriateness of a
single location bargaining unit detracts from the National
Labor Relations Act's goal of promoting stability in labor
relations.
SEC. 202. PURPOSE.
The purpose of this title is to ensure that the National Labor
Relations Board conducts a hearing process and specific analysis of
whether or not a single location bargaining unit is appropriate, given
all of the relevant facts and circumstances of a particular case.
SEC. 203. REPRESENTATIVES AND ELECTIONS.
Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c))
is amended by adding at the end the following:
``(6) If a petition for an election requests the Board to certify a
unit which includes the employees employed at one or more facilities of
a multi-facility employer, and in the absence of an agreement by the
parties (stipulation for certification upon consent election or
agreement for consent election) regarding the appropriateness of the
bargaining unit at issue for purposes of subsection (b), the Board
shall provide for a hearing upon due notice to determine the
appropriateness of the bargaining unit. In making its determination,
the Board shall consider functional integration, centralized control,
common skills, functions and working conditions, permanent and
temporary employee interchange, geographical separation, local
autonomy, the number of employees, bargaining history, and such other
factors as the Board considers appropriate.''.
TITLE III--ATTORNEYS FEES
SEC. 301. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Certain small businesses and labor organizations are at
a great disadvantage in terms of expertise and resources when
facing actions brought by the National Labor Relations Board.
(2) The attempt to ``level the playing field'' for small
businesses and labor organizations by means of the Equal Access
to Justice Act has proven ineffective and has been
underutilized by these small entities in their actions before
the National Labor Relations Board.
(3) The greater expertise and resources of the National
Labor Relations Board as compared with those of small
businesses and labor organizations necessitate a standard that
awards fees and costs to certain small entities when they
prevail against the National Labor Relations Board.
(b) Purpose.--It is the purpose of this title--
(1) to ensure that certain small businesses and labor
organizations will not be deterred from seeking review of, or
defending against, actions brought against them by the National
Labor Relations Board because of the expense involved in
securing vindication of their rights;
(2) to reduce the disparity in resources and expertise
between certain small businesses and labor organizations and
the National Labor Relations Board; and
(3) to make the National Labor Relations Board more
accountable for its enforcement actions against certain small
businesses and labor organizations by awarding fees and costs
to these entities when they prevail against the National Labor
Relations Board.
SEC. 302. AMENDMENT TO NATIONAL LABOR RELATIONS ACT.
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended
by adding at the end the following new section:
``awards of attorneys' fees and costs
``Sec. 20. (a) Administrative Proceedings.--An employer who, or a
labor organization that--
``(1) is the prevailing party in an adversary adjudication
conducted by the Board under this or any other Act, and
``(2) had not more than 100 employees and a net worth of
not more than $1,400,000 at the time the adversary adjudication
was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Board was substantially justified or special circumstances make
an award unjust. For purposes of this subsection, the term `adversary
adjudication' has the meaning given that term in section 504(b)(1)(C)
of title 5, United States Code.
``(b) Court Proceedings.--An employer who, or a labor organization
that--
``(1) is the prevailing party in a civil action, including
proceedings for judicial review of agency action by the Board,
brought by or against the Board, and
``(2) had not more than 100 employees and a net worth of
not more than $1,400,000 at the time the civil action was
filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) or this subsection shall be determined
without regard to whether the position of the United States was
substantially justified or special circumstances make an award
unjust.''.
SEC. 303. APPLICABILITY.
(a) Agency Proceedings.--Subsection (a) of section 20 of the
National Labor Relations Act (as added by section 302) applies to
agency proceedings commenced on or after the date of the enactment of
this Act.
(b) Court Proceedings.--Subsection (b) of section 20 of the
National Labor Relations Act (as added by section 302) applies to civil
actions commenced on or after the date of the enactment of this Act. | TABLE OF CONTENTS:
Title I: Truth in Employment
Title II: Fair Hearing
Title III: Attorneys Fees Fairness for Small Business and Employees Act of 1998 -
Title I: Truth in Employment
- Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status.
(Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
Title II: Fair Hearing
- Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate.
Title III: Attorneys Fees
- Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated. | {"src": "billsum_train", "title": "Fairness for Small Business and Employees Act of 1998"} | 1,897 | 475 | 0.580103 | 1.888093 | 0.726045 | 5.567696 | 4.149644 | 0.912114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Security Council
Sanctions Enforcement Act''.
SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANCTIONS.
(a) Determination.--
(1) Imposition of sanctions.--If the President determines
that the government of any foreign country is materially
violating United Nations sanctions, the President shall impose
the sanctions described in subsection (b) with respect to that
country so long as such violation continues, except as
otherwise provided in subsection (c)(2) and subsection (d).
(2) Publication of determination.--Any determination under
this subsection shall be published in the Federal Register.
(b) Sanctions.--The sanctions to be imposed with respect to a
country pursuant to subsection (a) are as follows:
(1) Foreign assistance.--The United States Government shall
terminate assistance to that country under the Foreign
Assistance Act of 1961, except for assistance involving the
provision of food and other humanitarian assistance.
(2) Military assistance.--The United States Government
shall terminate all foreign military financing for that country
under the Arms Export Control Act.
(3) Arms sales.--The United States Government shall
terminate--
(A) sales to that country under the Arms Export
Control Act of any defense article, defense service, or
design and construction service, and
(B) licenses for the export to that country of any
item on the United States Munitions List.
(4) Multilateral assistance.--The United States Government
shall oppose the extension by any international financial
institution of any loan or other financial or technical
assistance to that country, except for assistance directed
specifically to programs which serve the basic human needs of
the people of that country.
(5) Financial assistance.--The United States Government
shall deny to that country any credit, credit guarantee, or
other financial assistance by any department, agency, or
instrumentality of the Government, except that this paragraph
does not apply to--
(A) food or other humanitarian assistance, or
(B) any transaction subject to the reporting
requirements of title V of the National Security Act of
1947 (relating to congressional oversight of
intelligence activities).
(6) Commercial credit.--The United States Government shall
prohibit any United States depository institution (as defined
in section 19(b) of the Federal Reserve Act) from making any
loan or providing any credit to the government of that country,
except for loans or credits for the purpose of purchasing food
or other humanitarian items.
(7) Exports.--The United States Government shall prohibit
exports to that country of such goods and technology as the
President may specify, except that--
(A) section 6(g) of the Export Administration Act
of 1979 applies with respect to export controls
pursuant to this paragraph, and
(B) any prohibition under this paragraph shall not
apply with respect to any transaction subject to the
reporting requirements of title V of the National
Security Act of 1947 (relating to congressional
oversight of intelligence activities).
(8) Imports.--The United States Government shall prohibit
the entry into the customs territory of the United States of
such articles as the President may specify that are growth,
product, or manufacture of that country.
(c) Consultation With and Actions by Foreign Government.--
(1) Consultations.--If the President makes a determination
described in subsection (a) with respect to the government of a
foreign country, the Congress urges the President to initiate
consultations immediately with that government to encourage it
to comply with the United Nations sanctions with respect to
which that determination was made.
(2) Actions by a foreign government.--In order to pursue
such consultations, the President may delay imposition of
sanctions pursuant to this section for up to 30 days. Following
these consultations, the President shall impose sanctions
unless the President determines and certifies to the Congress
that that government has taken specific and effective actions
to comply with the United Nations sanctions with respect to
which the President made the determination under subsection
(a). If the President determines and certifies to the Congress
that that government is in the process of taking such actions,
the President may delay the imposition of sanctions for up to
an additional 30 days.
(3) Report to congress.--Not later than 30 days after
making a determination with respect to the government of a
foreign country under subsection (a), the President shall
submit to the Congress a report on the status of consultations
pursuant to this subsection and on the basis for any
determination under paragraph (2) of this subsection that such
government has taken specific corrective actions.
(d) Waiver.--A sanction which is required to be imposed against a
country under subsection (b) shall not apply if the President
determines and certifies to the Congress that the application of that
sanction against such country would have a serious adverse effect on
vital United States interests. The President shall transmit with such
certification a statement setting forth the specific reasons for the
President's determination.
SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS.
(a) Determination.--
(1) Imposition of sanctions.--If the President determines
that a person is materially violating United Nations sanctions,
the President shall impose the sanctions described in
subsection (c) on each sanctioned person for a period of 2
years, except as otherwise provided in subsection (d)(2) and
subsection (e).
(2) Publication of determination.--Any determination under
this subsection shall be published in the Federal Register.
(b) Advisory Opinions.--Upon the request of any person, the
President may issue a written advisory opinion to that person as to
whether a proposed activity by that person would subject that person to
sanctions under this section. Any person who relies in good faith on
such an advisory opinion which states that the proposed activity would
not subject a person to such sanctions, and any person who thereafter
engages in such activity, shall not be made subject to such sanctions
solely on account of such activity.
(c) Sanctions.--
(1) In general.--The sanctions to be imposed pursuant to
subsection (a) are as follows:
(A) The United States Government shall not procure,
or enter into any contract for the procurement of, any
goods or services from a sanctioned person.
(B) The United States Government shall not issue
any license for any export by or to a sanctioned
person.
(C) The United States Government shall prohibit the
entry into the customs territory of the United States
of all articles that are growth, product, or
manufacture of a sanctioned person.
(2) Exceptions.--The President shall not be required to
apply or maintain sanctions under this section with respect to
the following:
(A) Procurement or importation of defense articles
or defense services--
(i) if the procurement or importation is
under an existing contract or subcontract,
including the exercise of options for
production quantities to satisfy requirements
essential to the national security of the
United States;
(ii) if the President determines that the
sanctioned person is a sole source supplier of
such articles or services, that such articles
or services are essential, and that alternative
sources are not readily or reasonably
available; or
(iii) if the President determines that such
articles or services are essential to the
national security under defense coproduction
agreements.
(B) Procurement or importation of spare parts or
component parts (but not finished products) which are
essential to United States products or production.
(C) Procurement of routine servicing and
maintenance of products, to the extent that alternative
sources are not readily or reasonably available.
(D) Procurement of, or importation of articles
containing, information and technology essential to
United States products or production.
(E) Procurement, exports, or imports of products or
services provided under contracts entered into before
the date on which the President's determination is
published in the Federal Register pursuant to
subsection (a)(2).
(F) Procurement, exports, or imports of food or
other humanitarian items.
(d) Consultation With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes a determination
described in subsection (a) with respect to a foreign person,
the Congress urges the President to initiate consultations
immediately with the government with primary jurisdiction over
that foreign person with respect to the imposition of sanctions
pursuant to this section.
(2) Actions by government of jurisdiction.--In order to
pursue such consultations with that government, the President
may delay imposition of sanctions pursuant to this section for
up to 90 days. Following these consultations, the President
shall impose sanctions unless the President determines and
certifies to the Congress that that government has taken
specific and effective actions, including appropriate
penalties, to terminate the involvement of the foreign person
in the violations described in subsection (a). If the President
determines and certifies to the Congress that that government
is in the process of taking such actions, the President may
delay the imposition of sanctions for up to an additional 90
days.
(3) Report to congress.--Not later than 90 days after
making a determination under subsection (a), the President
shall submit to the Congress a report on the status of
consultations with the appropriate government under this
subsection and on the basis for any determination under
paragraph (2) of this subsection that such government has taken
specific corrective actions.
(e) Waiver.--
(1) Criterion for waiver.--After the end of the 12-month
period beginning on the date on which a sanction is imposed on
a sanctioned person under this section, the President may waive
the application of that sanction with respect to that person if
the President determines and certifies to the Congress that the
continued imposition of that sanction with respect to that
person would have a serious adverse effect on vital United
States interests.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority provided in
paragraph (1), the President shall so notify the Congress not
less than 30 days before the waiver takes effect. Such
notification shall include a report fully articulating the
rationale and circumstances which led the President to exercise
the waiver authority.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Sanctioned person.--The term ``sanctioned person''
means--
(A) the person with respect to which the President
makes the determination described in section 3(a);
(B) any successor entity to that person;
(C) any person that is a parent or subsidiary of
that person if that parent or subsidiary materially and
with requisite knowledge assisted in the activities
which were the basis of that determination; and
(D) any person that is an affiliate of that person
if that affiliate materially and with requisite
knowledge assisted in the activities which were the
basis of that determination and if that affiliate is
controlled in fact by that person.
(2) United nations sanctions.--The term ``United Nations
sanctions'' means measures that members of the United Nations
have been called upon to apply by the United Nations Security
Council, acting under article 41 of the Charter of the United
Nations, in order to enforce decisions of the Security Council.
(3) Violating united nations sanctions.--The term
``violating United Nations sanctions''--
(A) in the case of the government of a foreign
country, means failing to apply measures called for by
the United Nations Security Council; and
(B) in the case of person, means engaging in
activities that are prohibited under United Nations
sanctions, without regard to whether the foreign
government with primary jurisdiction over those
activities has applied the measures called for by the
United Nations Security Council.
SEC. 5. EFFECTIVE DATE.
This Act applies with respect to violations of United Nations
sanctions that occur on or after the date of enactment of this Act. | United Nations Security Council Sanctions Enforcement Act - Requires the President, if he determines that the government of any foreign country is materially violating United Nations sanctions, to: (1) terminate U.S. foreign assistance to the country, except for food or humanitarian assistance; (2) terminate foreign military financing, sales of defense articles or services, and issuance of licenses for exports of items on the United States Munitions List with respect to the country; (3) oppose international financial institution lending for the country, except assistance to serve basic human needs; (4) deny the country U.S. Government or commercial credit or other financial assistance, with exceptions; (5) prohibit exports of specified goods and technology to the country, with exceptions; and (6) prohibit imports of such country into the United States.
Authorizes the President to delay sanctions upon certification to the Congress that a country is taking actions to comply with United Nations sanctions. Provides for waivers of sanctions if a sanction would have an adverse effect on U.S. interests.
Requires the President, if he determines that a person is materially violating United Nations sanctions, to prohibit: (1) procurement of goods and services from such person; (2) the issuance of an export license by or to a sanctioned person; and (3) the entry into U.S. customs territory of articles that are the growth, product, or manufacture of a sanctioned person. Exempts the procurement or importation of specified defense articles or services, spare or component parts, essential articles, or humanitarian items from sanctions. Authorizes the President to delay or waive sanctions against a foreign person under the same conditions that apply to foreign countries.
Includes within the definition of a "sanctioned person" any successor entity to the person or any affiliate, parent, or subsidiary if they assisted in activities which were the basis of determination under this Act. | {"src": "billsum_train", "title": "United Nations Security Council Sanctions Enforcement Act"} | 2,537 | 412 | 0.6651 | 2.137893 | 0.856382 | 2.504132 | 6.683196 | 0.911846 |
SECTION 1. REPEAL OF INCENTIVE PAYMENTS FOR REDUCTION IN NUMBER OF
GRADUATE MEDICAL EDUCATION RESIDENTS.
(a) In General.--Paragraph (6) of section 1886(h) of the Social
Security Act (42 U.S.C. 1395ww(h)), as added by section 4626(a) of the
Balanced Budget Act of 1997 (Public Law 105-33), is repealed.
(b) Application to New York Demonstration Project; Elimination of
Any Payment Authority.--Section 4626 of the Balanced Budget Act of 1997
is amended--
(1) by amending subsection (b) to read as follows:
``(b) Elimination of Payment Authority.--
``(1) The Secretary of Health and Human Services is not
authorized to approve or provide any payments for any
demonstration project described in paragraph (2) for any
residency training year beginning on or after July 1, 1998.
``(2) A demonstration project described in this paragraph
is a project that primarily provides for additional payments
under title XVIII of the Social Security Act in connection with
a reduction in the number of residents in a medical residency
training program.''; and
(2) by striking subsection (c).
SEC. 2. PAYMENT OFFSETS.
(a) No Retroactive Application of ESRD Secondary Payer
Interpretation.--Notwithstanding any other provision of law, the April
1995 interpretation of section 1862(b)(1)(C) of the Social Security Act
(42 U.S.C. 1395y(b)(1)(C)) issued by the Health Care Financing
Administration shall not apply retroactively to a group health plan
that paid benefits primary to title XVIII of such Act (42 U.S.C. 1395
et seq.) (but would have paid benefits secondary to such title in the
absence of such section) on or after August 10, 1993, and before April
24, 1995, on behalf of an individual who, during such period--
(1) was entitled to benefits under such title under
subsection (a) or (b) of section 226 of such Act (42 U.S.C.
426); and
(2) subsequently became entitled or eligible for benefits
under such title under section 226A of such Act (42 U.S.C. 426-
1).
(b) Extending COBRA Continuation Coverage for End Stage Renal
Disease Medicare Beneficiaries for 36 Months.--
(1) Amendments to the internal revenue code of 1986.--
Section 4980B(f)(2)(B)(iv) of the Internal Revenue Code of 1986
is amended--
(A) by striking ``or'' at the end of subclause (I),
(B) in subclause (II), by inserting ``other than
under section 226A of such Act'' after ``Social
Security Act'',
(C) by striking the period at the end of subclause
(II) and inserting ``, or'', and
(D) by adding at the end the following:
``(III) in the case of a qualified
beneficiary other than a qualified
beneficiary described in subsection
(g)(1)(D) entitled to benefits under
title XVIII of the Social Security Act
under section 226A of such Act for a
period of 36 months.''.
(2) Amendments to erisa.--Section 602(2)(D) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(D))
is amended--
(A) by striking ``or'' at the end of clause (i),
(B) in clause (ii), by inserting ``other than under
section 226A of such Act'' after ``Social Security
Act'',
(C) by striking the period at the end of clause
(ii) and inserting ``, or'', and
(D) by adding at the end the following:
``(iii) in the case of a qualified
beneficiary other than a qualified beneficiary
described in section 607(3)(C) entitled to
benefits under title XVIII of the Social
Security Act under section 226A of such Act for
a period of 36 months.''.
(3) Amendments to the public health service act.--Section
2202(2)(D) of the Public Health Service Act (42 U.S.C. 300bb-
2(2)(D)) is amended--
(A) by striking ``or'' at the end of clause (i),
(B) in clause (ii), by inserting ``other than under
section 226A of such Act'' after ``Social Security
Act'',
(C) by striking the period at the end of clause
(ii) and inserting ``, or'', and
(D) by adding at the end the following:
``(iii) in the case of a qualified
beneficiary entitled to benefits under title
XVIII of the Social Security Act under section
226A of such Act for a period of 36 months.''.
(4) Effective date.--The amendments made by this subsection
shall apply to individuals who become eligible for benefits
under title XVIII of the Social Security Act under section 226A
of such Act on and after the date of the enactment of this Act.
(c) Extension of Medicare ESRD Secondary Payer Period to 36
Months.--The last sentence of section 1862(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395y(b)(1)(C)), as added by section 4631(b)(2)
of the Balanced Budget Act of 1997 (Public Law 105-33), is amended by
striking ``30-month'' and inserting ``36-month''. | Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to repeal the authority and mandate for incentive payments under plans for voluntary reduction in the number of residents in a graduate medical education residency training program.
Amends the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from approving or providing any payments for any demonstration project that provides for additional Medicare payments in connection with such a reduction for any residency training year beginning on or after July 1, 1998 (currently before July 1, 2006).
Provides that the April 1995 Health Care Financing Administration interpretation of Medicare secondary payer requirements for group health plans with regard to individuals with end stage renal disease (ESRD) shall not apply retroactively to a group health plan that paid benefits primary to SSA title XVIII (but would have paid benefits secondary to such title in the absence of such requirements) on or after August 10, 1993, and before April 24, 1995, on behalf of certain individuals who became entitled or eligible for the ESRD program.
Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend COBRA continuation coverage for qualified ESRD Medicare beneficiaries for 36 months.
Amends SSA title XVIII to provide for an extension of the Medicare ESRD secondary payer period from 30 to 36 months. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act and section 4626 of the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from providing any incentive payments to hospitals to reduce the number of residents in graduate medical education programs, and for other purposes."} | 1,304 | 301 | 0.692734 | 2.263413 | 0.78922 | 4.36803 | 4.011152 | 0.910781 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Early Treatment for Chronic
Ailment Resurgence through Examinations Act of 2017'' or the ``VET CARE
Act of 2017''.
SEC. 2. PILOT PROGRAM FOR THE PROVISION OF DENTAL CARE TO CERTAIN
VETERANS.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a pilot program to provide outpatient dental services and
treatment, and related dental appliances, to eligible veterans enrolled
under subsection (c)(3), at no cost to such veterans. Under the pilot
program, the Secretary shall determine whether there is a correlation
between veterans receiving such services and treatment, and the
veterans suffering fewer complications of chronic ailments, thereby
yielding a lower cost of care.
(b) Eligible Veterans Defined.--For purposes of this section, the
term ``eligible veterans'' means veterans who are--
(1) enrolled in the system of annual patient enrollment
under section 1705 of title 38, United States Code;
(2) not eligible for dental care under section 1712 of
title 38, United States Code;
(3) between 40 and 70 years of age; and
(4) diagnosed with type 2 diabetes.
(c) Application; Evaluation; Disqualification; Enrollment;
Categorization.--
(1) Application.--Eligible veterans may elect to apply for
the pilot program.
(2) Evaluation; disqualification.--Eligible veterans who
apply for the pilot program shall receive an initial
periodontal evaluation, including vertical bitewing
radiographs. Any eligible veteran diagnosed with periodontal
disease that requires surgery shall be disqualified from the
pilot program.
(3) Enrollment; categorization.--The Secretary shall enroll
at least 1,500 eligible veterans who apply for the pilot
program, giving preference to veterans with service-connected
disabilities that increases in accordance with the veterans'
disability ratings under chapter 11 of title 38, United States
Code, in a manner that ensures the following:
(A) One-third of eligible veterans enrolled in the
pilot program shall have been diagnosed with no or mild
periodontitis under paragraph (2).
(B) Two-thirds of eligible veterans enrolled in the
pilot program shall have been diagnosed with moderate
to severe periodontitis under paragraph (2).
(d) Duration of Program.--The Secretary shall carry out the pilot
program during the four-year period beginning on the date that is 180
days after the effective date of this section.
(e) Locations.--The pilot program shall be carried out in five
facilities of the Veterans Health Administration, with one such
facility in each of five Veterans Integrated Services Networks that the
Secretary considers appropriate for the pilot program.
(f) Patient Distribution.--Each facility shall serve not more than
one-fourth and not fewer than one-sixth of the veterans enrolled in the
pilot program, in approximately even proportions of veterans
categorized under subsection (c)(3).
(g) Course of Program.--
(1) Periodontal therapy.--The Secretary shall make timely
and appropriate periodontal therapy available to veterans
described in subsection (c)(3)(B).
(2) Election of treatment.--Such veterans who elect to
receive treatment shall be classified as ``treated''.
(3) Annual evaluations.--Each treated veteran shall receive
an annual dental evaluation, during which the periodontal
health of the treated veteran shall be reassessed and recorded
exactly as at the initial evaluation under subsection (c)(2).
(4) Health outcome reporting.--For the duration of the
pilot program, the Secretary shall collect and record data
regarding the health of treated veterans, including events,
treatments, and outcomes, and make such data available for
analysis by qualified researchers.
(h) Education.--
(1) Health care providers.--The Secretary shall provide
standardized instructions to all physicians and dentists who
work in facilities described in subsection (e) to ensure
consistent evaluation and care for veterans enrolled in the
pilot program in all such facilities.
(2) Enrolled veterans.--The Secretary shall provide each
veteran enrolled in the pilot program with an orientation,
information before any care is provided under the pilot
program, and an exit interview that includes information
regarding how such veteran may obtain dental services and
treatment after the end of the pilot program.
(i) Educational Outreach.--The Secretary shall notify those
institutions of higher education (as that term is defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that offer
degrees in periodontology of the pilot program so that such
institutions may engage in similar studies regarding private
periodontal care for veterans.
(j) Report.--Not later than 18 months after the conclusion of the
pilot program, the Secretary shall submit a report of findings to the
Congress.
(k) Regulations.--The Secretary shall administer the pilot program
under such regulations as the Secretary shall prescribe, including best
practices regarding informed consent and study registration. | Veterans Early Treatment for Chronic Ailment Resurgence through Examinations Act of 2017 or the VET CARE Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: (1) carry out a four-year pilot program in five Veterans Health Administration facilities to provide outpatient dental services and treatment, and related dental appliances, to eligible veterans at no cost; and (2) determine whether there is a correlation between veterans receiving such services and their suffering fewer complications of chronic ailments, thereby yielding a lower cost of care. "Eligible veterans" means veterans who are: enrolled in, but not eligible for dental care under, the VA's health care program; between 40 and 70 years of age; and diagnosed with type 2 diabetes. Applicants shall receive an initial periodontal evaluation. Those diagnosed with periodontal disease that requires surgery shall be disqualified. The VA shall enroll at least 1,500 eligible veterans, one-third of whom shall have been diagnosed with no or mild periodontitis and two-thirds of whom shall have been diagnosed with moderate to severe periodontitis. | {"src": "billsum_train", "title": "Veterans Early Treatment for Chronic Ailment Resurgence through Examinations Act of 2017"} | 1,074 | 238 | 0.754459 | 2.274888 | 0.850119 | 4.478261 | 4.724638 | 0.903382 |
SECTION 1. FEDERAL CHARTER.
VietNow, a nonprofit corporation organized under the laws of the
State of Illinois, is recognized and granted a Federal charter.
SEC. 2. POWERS.
The corporation shall have only the powers granted to it through
its bylaws and articles of incorporation filed in the States in which
it is incorporated and subject to the laws of such States.
SEC. 3. PURPOSES.
The purposes of the corporation are the purposes provided in its
articles of incorporation and shall include--
(1) increasing community awareness of the problems
encountered by Vietnam era veterans; and
(2) helping to solve the unique physical, social, and
psychological problems of Vietnam era veterans and their
families.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation shall comply
with the laws of the States in which it is incorporated and those
States in which it carries on its activities in furtherance of its
corporate purposes.
SEC. 5. MEMBERSHIP.
Eligibility for membership in the corporation and the rights and
privileges of members of the corporation shall be as provided in the
bylaws and articles of incorporation of the corporation.
SEC. 6. BOARD OF DIRECTORS.
The composition of the board of directors of the corporation and
the responsibilities of the board shall be as provided in the articles
of incorporation of the corporation and in conformity with the laws of
the States in which it is incorporated.
SEC. 7. OFFICERS.
The officers of the corporation and the election of the officers
shall be as provided in the bylaws and articles of incorporation of the
corporation and in conformity with the laws of the States in which it
is incorporated.
SEC. 8. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation may inure to the benefit of any member, officer, or
director of the corporation or be distributed to any such individual
during the life of this charter. This subsection may not be construed
to prevent the payment of reasonable compensation to the officers and
employees of the corporation or reimbursement for actual and necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
(c) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(d) Claims of Federal Approval.--The corporation may not claim the
approval of the Congress or the authorization of the Federal Government
for any of its activities.
(e) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of Illinois.
SEC. 9. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and minutes of any
proceeding of the corporation involving any of its members, the board
of directors, or any committee having authority under the board of
directors.
(b) Names and Addresses of Members.--The corporation shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to vote
in any proceeding of the corporation, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the
end the following:
``VietNow.''.
SEC. 12. ANNUAL REPORT.
The corporation shall annually submit to the Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted on the same date as
the report of the audit required by section 11. The annual report may
not be printed as a public document.
SEC. 13. DEFINITIONS.
For purposes of this Act:
(1) The term ``corporation'' means VietNow.
(2) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, the Trust Territories of the
Pacific Islands, and any other territory or possession of the
United States.
SEC. 134. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.
SEC. 15. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any of the provisions of this Act. | Grants a Federal charter to VietNow (a nonprofit corporation organized under the laws of Illinois). | {"src": "billsum_train", "title": "To grant a Federal charter to VietNow."} | 1,164 | 23 | 0.492646 | 1.370659 | -0.35062 | 3.722222 | 59.666667 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2005, Part VI''.
SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM.
(a) Authorization of Contract Authority.--Section 4(a) of the
Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147,
119 Stat. 325) is amended by striking ``$292,179,920'' and inserting
``$309,260,880''.
(b) Limitation on Obligations.--Of the obligation limitation made
available for Federal-aid highways and highway safety construction
programs for fiscal year 2005 by division H of Public Law 108-447 (118
Stat. 3204) not more the $17,080,960 shall be available, in addition to
any obligation limitation previously provided, for administrative
expenses of the Federal Highway Administration for the period of July
30, 2005, through August 14, 2005.
(c) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat.
1146, 119 Stat. 325) is amended by striking ``July 30'' and inserting
``August 14''.
SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION.
(a) In General.--There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the Secretary of
Transportation to pay the administrative expenses of the National
Highway Traffic Administration in carrying out the highway safety
programs authorized by sections 157 and 163 of chapter 1 of title 23,
United States Code, and sections 402, 403, 405, and 410 of chapter 4 of
such title, the National Driver Register under chapter 303 of title 49,
United States Code, the motor vehicle safety program under chapter 301
of such title 49, and the motor vehicle information and cost savings
program under part C of subtitle VI of such title 49 $4,125,000 for the
period of July 30, 2005, through August 14, 2005.
(b) Contract Authority.--Funds made available by this section shall
be available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code; except
that such funds shall remain available until expended.
SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
Section 7(a)(1) of the Surface Transportation Extension Act of
2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended--
(1) by striking ``$213,799,290'' and inserting
``$224,383,414''; and
(2) by striking ``July 30'' and inserting ``August 14''.
SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS.
(a) Authorization of Appropriations.--Section 5338(f)(2) of title
49, United States Code, is amended--
(1) in the heading by striking ``july 30'' and inserting
``august 14'';
(2) in subparagraph (A)(vii)--
(A) by striking ``$54,350,686'' and inserting
``$57,650,686''; and
(B) by striking ``July 30'' and inserting ``August
14''; and
(3) in subparagraph (B)(vii) by striking ``July 30'' and
inserting ``August 14''.
(b) Obligation Ceiling.--Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118
Stat. 1158; 119 Stat. 333) is amended--
(1) by striking ``$6,398,695,996'' and inserting
``$6,401,995,996''; and
(2) by striking ``July 30'' and inserting ``August 14''.
SEC. 6. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 5001(a)(4) of the Transportation Equity
Act for the 21st Century (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking
``$25,730,000 for the period of October 1, 2004, through July 30,
2005'' and inserting ``$27,000,000 for the period of October 1, 2004,
through August 14, 2005''.
(b) Limitation on Obligations.--Of the obligation limitation made
available for Federal-aid highways and highway safety construction
programs for fiscal year 2005 by division H of Public Law 108-447 (118
Stat. 3204) not more the $1,270,000 shall be available, in addition to
any obligation limitation previously provided, for administrative
expenses of the Bureau of Transportation Statistics for the period of
July 30, 2005, through August 14, 2005.
SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by
striking ``July 31, 2005'' and inserting ``August 15,
2005'',
(B) by striking ``or'' at the end of subparagraph
(O),
(C) by striking the period at the end of
subparagraph (P) and inserting ``, or'',
(D) by inserting after subparagraph (P) the
following new subparagraph:
``(Q) authorized to be paid out of the Highway
Trust Fund under the Surface Transportation Extension
Act of 2005, Part VI.'', and
(E) in the matter after subparagraph (Q), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part V'' and inserting ``Surface
Transportation Extension Act of 2005, Part VI''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``July 31, 2005'' and inserting ``August 15,
2005'',
(B) in subparagraph (M), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (N), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (N) the
following new subparagraph:
``(O) the Surface Transportation Extension Act of
2005, Part VI,'', and
(E) in the matter after subparagraph (O), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part V'' and inserting ``Surface
Transportation Extension Act of 2005, Part VI''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(6) of such Code is amended by adding at the
end the following: ``The preceding sentence shall be applied by
substituting `August 15, 2005' for the date therein.''.
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is amended
by adding at the end the following: ``Subparagraphs (A), (B),
and (C) shall each be applied by substituting `Surface
Transportation Extension Act of 2005, Part VI' for `Surface
Transportation Extension Act of 2005, Part V'.''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``July 31, 2005'' and inserting
``August 15, 2005'', and
(B) by striking ``Surface Transportation Extension
Act of 2005, Part V'' and inserting ``Surface
Transportation Extension Act of 2005, Part VI''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by adding at the end
the following new sentence: ``The preceding sentence shall be
applied by substituting `August 15, 2005' for the date
therein.''.
(c) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on August 14, 2005, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to
appropriations or transfers to such Fund to have been extended
through the end of the 24-month period referred to in section
9503(d)(1)(B) of such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of
such tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003.
(d) Subsequent Repeal of Certain Temporary Provisions.--Each of the
following provisions of the Internal Revenue Code of 1986 are amended
by striking the last sentence thereof:
(1) Section 9503(b)(6)(B).
(2) Section 9504(b)(2).
(3) Section 9504(d)(2).
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Subsequent repeal.--The amendments made by subsection
(d) shall take effect on the date of the enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and shall be executed immediately before the
amendments made by such Act.
SEC. 8. TECHNICAL AMENDMENT.
Effective on the date of enactment of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
section 1942 of such Act is repealed. | Surface Transportation Extension Act of 2005, Part VI - Extends, through August 14, 2005, the authorization of appropriations from the Highway Trust Fund (HTF) for: (1) administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs; and (2) the Bureau of Transportation Statistics. Prohibits, after August 14, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multiyear law reauthorizing the federal-aid highway program.
Amends the Internal Revenue Code to authorize until August 15, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund.
Repeals upon enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users a provision directing the Secretary of the Air Force to open the airfield at Malmstrom Air Force Base, Montana. | {"src": "billsum_train", "title": "To provide an extension of administrative expenses for highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century."} | 2,409 | 219 | 0.560946 | 1.701735 | 0.739728 | 3.341969 | 10.57513 | 0.88601 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Every year, an estimated 12,000,000 children under the
age of 5 years die, mostly of easily preventable causes, and
about 160,000,000 children are severely or moderately
malnourished throughout the world.
(2) Despite significant progress made in child survival
efforts, 32,000 children continue to die every day, largely
from preventable causes.
(3) Of the 12,000,000 children under 5 who die each year
from preventable causes, 6,000,000 die directly or indirectly
from malnutrition.
(4) The under-5 mortality rate (171 per 1,000 live births)
in the least developed countries is nearly 25 times that of the
industrialized nations.
(5) Diarrheal dehydration remains one of the world's most
widespread child killers, claiming over 2,000,000 children
under the age of 5 each year in developing countries, and for
just 7 cents per dose per child, oral rehydration therapy and
continued feeding (ORT), a simple, cost-effective treatment
given at home, could prevent as many as 90 percent of all child
deaths from diarrheal diseases.
(6) Although 80 percent of children are now being
vaccinated against the 6 major killer diseases (measles,
tetanus, whooping cough, tuberculosis, polio, and diphtheria),
2,000,000 children are still dying from these diseases each
year. Only $30,000,000 ($15 per child) would provide vaccines,
syringes, needles, cold chain equipment, and health workers'
training and salaries needed to immunize 2,000,000 children
against these 6 major childhood diseases.
(7) Malaria kills more than 1,000,000 children under the
age of 5 each year, or 1 child every 30 seconds, but for less
than $15,000,000, all of these children could be provided bed
nets to help protect them from this deadly disease.
(8) An estimated 2,900,000,000 people lack access to
adequate sanitation, up from 2,600,000,000 in 1990, and without
a stronger commitment to sanitation, it will be difficult to
reduce the incidence of diarrhea, a leading child killer, and
other diseases that flourish in unsanitary conditions. For only
$5.50, 1 plastic latrine pan and outlet pipe could provide safe
sanitation for 1 family, and for $150, a handpump, pipe, and
accessories for equipping a shallow well could benefit up to
250 people.
(9) 2,200,000 children under the age of 5 die each year in
developing countries of acute respiratory infections (ARI).
Appropriate treatment of ARI, including early diagnosis and the
proper use of antibiotics, could avert 30 to 60 percent of ARI-
related child deaths.
(10) About 100,000,000 children under the age of 5 suffer
from vitamin A deficiency, which impairs children's ability to
resist illnesses and contributes to nearly 25 percent of under-
5 deaths in developing countries, but 6 cents can buy 3 vitamin
A capsules to protect a child against blindness and other
health risks from vitamin A deficiency for 1 year, or
$6,000,000 could protect 100,000,000 children annually against
such blindness and other health risks.
(11) Because a major global immunization campaign is
nearing the goal of eradicating polio, a 10-year effort to
eradicate polio through childhood vaccination and surveillance
would cost only $100,000,000 per year.
(12) Up to 1,500,000 children annually could be saved by
increased breast-feeding because breast-fed infants are up to
25 times less likely to die of diarrheal disease, and 4 times
less likely to die of acute respiratory infections.
(13) Nevertheless, estimates that each year more than
540,000 infants are infected by Mother To Child Transmission
(MTCT) of the HIV virus in Africa alone indicate the urgent
need for safe and practical alternatives to breast-feeding by
nursing mothers who are HIV-positive to help prevent the
transmission of the virus to their babies.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR CHILD SURVIVAL PROGRAMS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2000 $345,000,000 for infant and child health
programs under chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 and 2293 et seq.) that
have a direct, measurable, and high impact on reducing the
incidence of illness and death among children.
(2) Additional requirement.--Of the amount appropriated
pursuant to the authorization of appropriations under paragraph
(1), not less than 25 percent of such amount shall be allocated
for programs of United States-based, citizen-supported, private
voluntary organizations that implement community-based
programs.
(b) Limitation on Population Planning Assistance.--Notwithstanding
any other provision of law, not more than $285,000,000 of the amounts
appropriated in title II of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000, to carry out any of the
provisions of law described in such title may obligated or expended for
population planning activities or other population assistance,
including all programs and activities designed to control fertility or
to reduce or delay childbirths or pregnancies. | Authorizes appropriations for FY 2000 for infant and child health programs under the Foreign Assistance Act of 1961 that have a direct, measurable, and high impact on reducing the incidence of illness and death among children. Earmarks 25 percent of such funds for programs of U.S.-based, citizen-supported, private voluntary organizations that implement community-based programs. Limits certain funds under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 for population planning activities or other population assistance, including all programs and activities designed to control fertility or to reduce or delay childbirths or pregnancies. | {"src": "billsum_train", "title": "To authorize appropriations for fiscal year 2000 for infant and child health programs under chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, and for other purposes."} | 1,130 | 137 | 0.304194 | 0.903387 | 0.438653 | 6.261261 | 9.27027 | 0.90991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Interoperability
Implementation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Following the tragic events of September 11, 2001, the
need for interoperable communications for public safety became
even more apparent, and critical to address.
(2) The inability of many firefighters and police to
communicate with each other in the World Trade Centers led to
some loss of lives that perhaps could have been prevented.
(3) As demonstrated by a hearing by the Committee on Energy
and Commerce of the House of Representatives, Subcommittee on
Telecommunications and the Internet, on June 11, 2003,
interoperability problems and spectrum and equipment shortages
continue to plague our nation's first responders, and without
additional funding these problems will continue.
(4) Action is critical to address these shortages not only
to ensure readiness in the event of another terrorist attack,
but also to address daily communications needs that are
essential.
(5) Each day this Nation's public safety officers put their
lives on the line to serve this country and immediate increases
in funding are essential.
(6) According to the report by the Council on Foreign
Relations, the United States is drastically underfunding local
emergency responders, and remains dangerously unprepared to
handle a catastrophic attack on American soil.
SEC. 3. PUBLIC SAFETY TRUST FUND.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following new section:
``SEC. 106. PUBLIC SAFETY TRUST FUND.
``(a) Establishment.--
``(1) Fund established.--There is hereby established in the
Treasury of the United States the Public Safety Communications
Trust Fund.
``(2) Deposits.--The Fund shall consist of--
``(A) the amounts appropriated pursuant to
subsection (f); and
``(B) 50 percent of the proceeds of any auction
conducted pursuant to section 309(j) of the
Communications Act of 1934 for any bands of frequencies
other than those described in paragraph (3), except
that such percentage may be reduced in accordance with
paragraph (4).
``(3) Excepted frequencies.--The bands of frequencies
described in this paragraph are the following:
``(A) the 216-220 megahertz band, the 1432-1435
megahertz band, the 1710-1755 megahertz band, and the
2385-2390 megahertz band of frequencies; and
``(B) any other band of frequencies reallocated
from Federal use to non-Federal use after January 1,
2003, that is assigned by competitive bidding pursuant
to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), except for bands of frequencies
previously identified by the National
Telecommunications and Information Administration in
the Spectrum Reallocation Final Report, NTIA Special
Publication 95-32 (1995).
``(4) Reduction of percentage.--If the board of directors
submits to the Congress a statement that--
``(A) projects that the future needs for grants
under subsection (c) has been reduced to the extent
that the percentage specified in paragraph (2) is
likely to yield a surplus in the fund beyond the
amounts needed to meet such needs, and
``(B) specifies a lower percentage that the board
estimates to be sufficient to meet such needs (without
yielding a surplus),
paragraph (2) shall be applied to any auction subject to such
paragraph that is conducted after the date of submission of
such statement by substituting such lower percentage for 50
percent.
``(5) Fund availability.--
``(A) Appropriation.--There are hereby appropriated
from the Fund such sums as are authorized by the board
to be disbursed for grants under this section.
``(B) Reversion of unused funds.--Any grant
proceeds that remain unexpended at the end of the grant
period as determined under subsection (c)(3) shall
revert to and be deposited in the Fund.
``(b) Board of Directors.--
``(1) Establishment.--The Fund shall be administered by the
Administrator of the NTIA, in consultation with a board of
directors comprised of 5 members, appointed by the Secretary,
with experience in one or more of the following fields: grant
and investment management; communications equipment and
software applications; and public safety and emergency
response. The board shall consult with, or include a member or
members from, the Department of Homeland Security.
``(2) Functions.--The board shall--
``(A) establish the reasonable and prudent criteria
for the selection of the grant recipients under this
section;
``(B) determine the amount of the grants awarded;
and
``(C) review the use of funds made by such grant
recipients.
``(3) Compensation prohibited; expenses provided.--The
members of the board shall serve without compensation, but may,
from appropriated funds available for the administrative
expenses of the NTIA, 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.
``(c) Purpose and Activities of the Trust.--
``(1) Grant purposes.--In order to achieve the objectives
and carry out the purposes of this part, the Administrator is
authorized to make grants, from amounts deposited pursuant to
subsection (a)(2) and from the interest or other income on the
Fund, to implement interoperability and modernization
(including equipment upgrades) for the communications needs of
public safety, fire, emergency, law enforcement, and crisis
management by State and local government agencies and
instrumentalities and nonprofit organizations.
``(2) Grant preference for broader scope of
interoperability.--In making grants from the Fund, the
Administrator shall give preference to eligible entities that
are proposing inter-agency or regional and multi-jurisdictional
interoperability.
``(3) Grant availability.--Grants from the Fund shall be
made available on a single or multi-year basis to facilitate
long term planning and training.
``(d) Eligible Entities.--The following organizations and entities
are eligible to apply for funds under this section:
``(1) an agency or instrumentality of a State or local
government of the United States (including an agency or
instrumentality of a territory or possession of the United
States); and
``(2) a nonprofit agency or organization that is exempt
from taxes under section 501(c)(3) of the Internal Revenue Code
of 1986 and that performs a public safety function, as
determined by the Administrator.
``(e) Permissible Uses of Funds.--Amounts made available by grant
from the fund may be used by eligible entities for equipment, training,
planning, and research for the purposes of upgrading communications and
the interoperability of communications used in public safety, fire,
emergency, law enforcement, and crisis management.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for fiscal year 2004 and each of
the 2 succeeding fiscal years.
``(g) Reports.--
``(1) By grant recipients.--Each grant recipient shall
submit to the Administrator and the board a report on the use
of the funds provided by the grant, and on the progress made
with respect to the improvement of the grant recipient's
communications capabilities.
``(2) By administrator.--The Administrator shall annually
submit to the Congress a report on the operations of the Fund
and the grants made by the Funds. Such report shall include--
``(A) an identification of the grants made, the
recipients thereof, and the planned uses of the amounts
made available;
``(B) a financial report on the operations and
condition of the Fund; and
``(C) a description of the results of the use of
funds provided by grants under this section, including
the status of interoperability implementation by the
grant recipients.
``(h) Regulations.--The Administrator may prescribe such
regulations as may be necessary and appropriate to carry out this
section.
``(i) Definitions.--As used in this section--
``(1) the term `the Fund' means the Public Safety
Communications Trust Fund established pursuant to subsection
(a); and
``(2) the term `the board' means the board of directors
established pursuant to subsection (b).''. | Public Safety Interoperability Implementation Act - Amends the National Telecommunications and Information Administration Organization Act to establish in the Treasury the Public Safety Communications Trust Fund, to be funded through authorizations of appropriations and proceeds from the sale of certain bands of Government-owned broadcast spectrum.
Requires the Administrator of the National Telecommunications and Information Administration to administer the Fund. Authorizes the Administrator to make grants to implement interoperability and modernization for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by State and local government agencies and instrumentalities and nonprofit organizations. | {"src": "billsum_train", "title": "To establish a permanent grant program to improve public safety communications and the interoperability of emergency communications equipment."} | 1,856 | 130 | 0.461306 | 1.263351 | 0.574689 | 4.207547 | 16.528302 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Employer Tax Assistance for
Health Coverage Act of 2002''.
SEC. 2. CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45G. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the employee health insurance expenses credit determined
under this section is an amount equal to the applicable percentage of
the amount paid by the taxpayer during the taxable year for qualified
employee health insurance expenses.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is equal to--
``(1) in the case of an employer with not more than 10
qualified employees the average annual rate of wages of whom
paid or incurred by such employer during the taxable year does
not exceed $10,000, 50 percent,
``(2) in the case of an employer with not more than 10
qualified employees the average annual rate of wages of whom
paid or incurred by such employer during the taxable year
exceeds $10,000, the excess of--
``(A) 50 percent, over
``(B) the percentage points equal to--
``(i) the product of--
``(I) 1.667, and
``(II) the amount by which such
average annual rate of wages exceeds
$10,000, divided by
``(ii) 1,000,
``(3) in the case of an employer with more than 10
qualified employees the average annual rate of wages of whom
paid or incurred by such employer during the taxable year does
not exceed $10,000, the excess of--
``(A) 50 percent, over
``(B) the percentage points equal to the product
of--
``(i) 1.25, and
``(ii) the number of qualified employees in
excess of 10, and
``(4) in the case of an employer with more than 10
qualified employees the average annual rate of wages of whom
paid or incurred by such employer during the taxable year
exceeds $10,000, the excess of--
``(A) the percentage which would be determined
under paragraph (3) for such an employer, over
``(B) the percentage points equal to--
``(i) the product of--
``(I) the number of qualified
employees divided by 6, and
``(II) the amount by which such
average annual rate of wages exceeds
$10,000, divided by
``(ii) 1,000.
For purposes of this subsection, the applicable percentage is equal to
zero if the applicable percentage determined under paragraph (2), (3),
or (4) is less than zero. For purposes of this subsection, in the case
of an employer with not more than 50 qualified employees the average
annual rate of wages of whom paid or incurred by such employer during
the taxable year does not exceed $30,000, the applicable percentage
shall not be less than the percentage otherwise determined under this
subsection or 5 percent.
``(c) Per Employee Dollar Limitation.--
``(1) In general.--The amount of qualified employee health
insurance expenses taken into account under subsection (a) with
respect to any qualified employee for any taxable year shall
not exceed--
``(A) $2,000 in the case of self-only coverage, and
``(B) $5,000 in the case of family coverage.
``(2) Limitation with respect to coverage for portion of
year.--In the case of the coverage of a qualified employee for
only a portion of the taxable year, the limitation under
paragraph (1) shall be an amount which bears the same ratio to
such limitation (determined without regard to this sentence) as
such portion bears to the entire taxable year.
``(d) Special Rules and Definitions.--For purposes of this
section--
``(1) Determination of employment.--
``(A) In general.--An employer shall be considered
an employer described in subsection (b) if such
employer employed an average of the number of employees
described in such subsection on business days during
either of the 2 preceding calendar years. For purposes
of the preceding sentence, a preceding calendar year
may be taken into account only if the employer was in
existence throughout such year.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the 1st preceding calendar year,
the determination under subparagraph (A) shall be based
on the average number of employees that it is
reasonably expected such employer will employ on
business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage if such coverage
is provided to at least 50 percent of the qualified
employees of the employer.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
paragraph (1) of section 9832(b) (determined by
disregarding the last sentence of paragraph (2) of such
section).
``(3) Qualified employee.--
``(A) In general.--The term `qualified employee'
means any employee who normally works more than 30
hours per week for the employer other than an employee
who--
``(i) is eligible to participate in any
subsidized health plan (within the meaning of
section 162(l)(2)) maintained by any employer
of the employee or of the spouse of the
employee,
``(ii) is entitled to any benefits under
title XVIII of the Social Security Act,
``(iii) is a participant in the program
under title XIX or XXI of such Act, or
``(iv) is eligible for any benefit provided
to such employee under--
``(I) chapter 89 of title 5, United
States Code,
``(II) chapter 55 of title 10,
United States Code,
``(III) chapter 17 of title 38,
United States Code, or
``(IV) any medical care program
under the Indian Health Care
Improvement Act.
``(B) Treatment of certain employees.--The term
`employee'--
``(i) shall not include an employee within
the meaning of section 401(c)(1), but
``(ii) shall include a leased employee
within the meaning of section 414(n).
``(4) Wages.--The term `wages' has the meaning given such
term by section 3121(a) (determined without regard to any
dollar limitation contained in such section).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit To Be Part of General 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 (14),
by striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following:
``(16) the employee health insurance expenses credit
determined under section 45G.''.
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year ending before January 1, 2003.''.
(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 adding at the end the following:
``Sec. 45G. Small business employee
health insurance expenses.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2002, for coverage established after the date of the
enactment of this Act. | Small Employer Tax Assistance for Health Coverage Act of 2002 - Amends the Internal Revenue Code to allow small employers a limited credit for employee health insurance expenses. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for the health insurance expenses of small business."} | 1,983 | 36 | 0.522227 | 1.075818 | 0.361441 | 3.448276 | 64.310345 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Warrantless Surveillance of
Americans Act''.
SEC. 2. CLARIFICATION ON PROHIBITION ON WARRANTLESS SEARCHING OF
COLLECTIONS OF COMMUNICATIONS FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS.
Section 702(b) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting such
subparagraphs, as so redesignated, an additional two ems from
the left margin;
(2) by striking ``the purpose'' and inserting ``a
purpose'';
(3) by striking ``an acquisition'' and inserting the
following: ``(1) In general.--In acquisition''; and
(4) by adding at the end the following new paragraph:
``(2) Clarification on prohibition on searching of
collections of communications of united states persons.--
``(A) In general.--Except as provided in
subparagraph (B), no officer or employee of the United
States may conduct a search of a collection of
communications acquired under this section in an effort
to find communications of a particular United States
person (other than a corporation).
``(B) Concurrent authorization and exception for
emergency situations.--Subparagraph (A) shall not apply
to a search for communications related to a particular
United States person if--
``(i) such United States person is the
subject of an order or emergency authorization
authorizing electronic surveillance or physical
search under section 105, 304, 703, 704, or
705, or title 18, United States Code, for the
effective period of that order;
``(ii) the entity carrying out the search
has a reasonable belief that the life or safety
of such United States person is threatened and
the information is sought for the purpose of
assisting that person; or
``(iii) such United States person has
consented to the search.''.
SEC. 3. PROHIBITION ON WARRANTLESS SEARCHING OF COLLECTIONS OF
COMMUNICATIONS COLLECTED UNDER EXECUTIVE ORDER FOR THE
COMMUNICATIONS OF UNITED STATES PERSONS.
(a) In General.--Section 309 of the Intelligence Authorization Act
for Fiscal Year 2015 is amended by adding at the end the following new
subparagraph:
``(C) Clarification on prohibition on searching of
collections of communications of united states
persons.--
``(i) In general.--Except as provided in
clause (ii), no officer or employee of the
United States may conduct a search of retained
covered communications for a particular United
States person (other than a corporation).
``(ii) Exception for emergency
situations.--Clause (i) shall not apply to a
search for communications related to a
particular United States person if--
``(I) such United States person is
the subject of an order or emergency
authorization authorizing electronic
surveillance or physical search under
section 105, 304, 703, 704, or 705, or
title 18, United States Code, for the
effective period of that order;
``(II) the entity carrying out the
search has a reasonable belief that the
life or safety of such United States
person is threatened and the
information is sought for the purpose
of assisting that person; or
``(III) such United States person
has consented to the search.''.
(b) Conforming Amendments.--Section 309(b)(3)(A) is amended by
striking ``subparagraph (B).'' and inserting ``subparagraphs (B) and
(C).''.
SEC. 4. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.
(a) In General.--Except as provided in subsection (b), no agency
may mandate or request that a manufacturer, developer, or seller of
covered products design or alter the security functions in its product
or service to allow the surveillance of any user of such product or
service, or to allow the physical search of such product, by any
agency.
(b) Exception.--Subsection (a) shall not apply to mandates
authorized under the Communications Assistance for Law Enforcement Act
(47 U.S.C. 1001 et seq.).
(c) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code; and
(2) the term ``covered product'' means any computer
hardware, computer software, or electronic device that is made
available to the general public. | End Warrantless Surveillance of Americans Act Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Intelligence Authorization Act for Fiscal Year 2015 to prohibit federal officers or employees from searching for a particular U.S. person (other than a corporation) in: (1) a collection of communications acquired under an authorization by the Attorney General and the Director of National Intelligence to target persons located outside the United States; or (2) nonpublic telephone or electronic communications, including communications in electronic storage, retained in an intelligence collection activity not authorized by court order, subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of communications to or from a U.S. person without the consent of a party to the communication. Provides exceptions that allow searches of such communications for a particular U.S. person if: (1) the U.S. person is the subject of certain orders or emergency authorizations for electronic surveillance or physical search under FISA or the federal criminal code for the effective period of that order, (2) the life or safety of such U.S. person is threatened and the information is sought for the purpose of assisting that person, or (3) the U.S. person consents. Prohibits a federal agency from requiring or requesting a manufacturer, developer, or seller of any computer hardware, software, or electronic device made available to the general public to design or alter the security functions in such products to allow the surveillance of any user or the physical search of such product by any agency. Exempts from such prohibition products used by law enforcement agencies for electronic surveillance as authorized under the Communications Assistance for Law Enforcement Act. | {"src": "billsum_train", "title": "End Warrantless Surveillance of Americans Act"} | 1,088 | 367 | 0.629986 | 1.84047 | 0.827674 | 2.883117 | 3.019481 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Contraception for Women
Servicemembers and Dependents Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Women are serving in the Armed Forces at increasing
rates, playing a critical role in the national security of the
United States. Women comprise just over 15 percent of military
service members and more than 200,000 women serve on active
duty in the Armed Forces or in the Selected Reserve.
(2) More than 95 percent of women serving in the military
are of reproductive age. And approximately 1,100,000 female
spouses and dependents of active duty military personnel are of
reproductive age.
(3) TRICARE covered approximately 1,400,000 women of
reproductive age in 2015, including female spouses and
dependents of active duty military personnel. For approximately
900,000 of these women, TRICARE was their only source of
coverage.
(4) Contraception is critical for women's health and is
highly effective at reducing unintended pregnancy. The Centers
for Disease Control and Prevention describe contraception as
one of the 10 greatest public health achievements of the
twentieth century.
(5) Contraceptive access is strongly connected to women's
greater educational and professional opportunities and
increased lifetime earnings. Increased wages and increased
control over reproductive decisions provide women with
educational and professional opportunities that have increased
gender equality over the decades since contraception was
introduced.
(6) Studies have shown that when cost barriers to the full
range of methods of contraception are eliminated, and women
receive comprehensive counseling on the various methods of
contraception (including highly effective and more expensive
Long-Acting Reversible Contraceptives (LARCs)), rates of
unintended pregnancy decline. Costs can be prohibitive,
particularly for LARCs which can have high upfront costs.
(7) Research has also shown that investments in effective
contraception save public and private dollars.
(8) In order to fill gaps in coverage and access to
preventive care critical for women's health, the Affordable
Care Act (ACA) requires all non-grandfathered individual and
group health plans to cover without cost-sharing preventive
services, including a set of evidence-based preventive services
for women supported by the Health Resources and Services
Administration (HRSA). These women's preventive services
include the full range of female-controlled U.S. Food and Drug
Administration-approved contraceptive methods, effective family
planning practices, and sterilization procedures. HRSA has
affirmed that contraceptive care includes contraceptive
counseling, initiation of contraceptive use, and follow-up care
(e.g., management, and evaluation as well as changes to and
removal or discontinuation of the contraceptive method).
(9) Under the TRICARE program, servicewomen on active duty
have full coverage of all prescription drugs, including
contraception, without cost-sharing requirements. However,
servicewomen not on active duty and female dependents of
members of the Armed Forces do not have similar coverage of all
prescription methods of contraception approved by the Food and
Drug Administration without cost-sharing.
(10) Studies indicate that servicewomen need comprehensive
counseling for pregnancy prevention, particularly in their
predeployment preparations, and the lack thereof is
contributing to unintended pregnancies among servicewomen.
(11) Research studies based on the Department of Defense
Survey of Health Related Behaviors Among Active Duty Military
Personnel found a high unintended rate of pregnancy among
servicewomen. Adjusting for the difference between age
distributions in the Armed Forces and the general population,
the rate of unintended pregnancy among servicewomen is higher
than among the general population.
(12) The Defense Advisory Committee on Women in the
Services (DACOWITS) has recommended that all the Armed Forces,
to the extent that they have not already, implement initiatives
that inform servicemembers of the importance of family
planning, educate them on methods of contraception, and make
various methods of contraception available, based on the
finding that family planning can increase the overall readiness
and quality of life of all members of the Armed Forces.
(13) Health care, including family planning for survivors
of sexual assault in the Armed Forces is a critical issue,
particularly given the prevalence of sexual assault in the
military. Recent data show that women in the military are five
times more likely to be victims of sexual assault than men.
Servicewomen who are survivors of sexual assault should not be
treated differently from civilian survivors. The Department of
Defense reported that there were more than 3,000 reported
sexual assaults involving service members in fiscal year 2011.
(14) Servicewomen on active duty report rates of unwanted
sexual contact at approximately 16 times those of the
comparable general population of women in the United States.
Through regulations, the Department of Defense already supports
a policy of ensuring that servicewomen who are sexually
assaulted have access to emergency contraception.
SEC. 3. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM.
(a) In General.--Section 1074d of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``for
Members and Former Members'' after ``Services
Available''; and
(B) in paragraph (1), by striking ``subsection
(b)'' and inserting ``subsection (d)'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Care Related to Prevention of Pregnancy.--Female covered
beneficiaries shall be entitled to care related to the prevention of
pregnancy described in subsection (d)(3).
``(c) Prohibition on Cost-Sharing for Certain Services.--
Notwithstanding section 1074g(a)(6), section 1075, or section 1075a of
this title or any other provision of law, cost-sharing may not be
imposed or collected for care related to the prevention of pregnancy
provided pursuant to subsection (a) or (b), including for any method of
contraception provided, whether provided through a facility of the
uniformed services, the TRICARE retail pharmacy program, or the
national mail-order pharmacy program.''.
(b) Care Related to Prevention of Pregnancy.--Subsection (d)(3) of
such section, as redesignated by subsection (a)(2), is further amended
by inserting before the period at the end the following: ``(including
all methods of contraception approved by the Food and Drug
Administration, contraceptive care (including with respect to
insertion, removal, and follow up), sterilization procedures, and
patient education and counseling in connection therewith)''.
(c) Conforming Amendment.--Section 1077(a)(13) of such title is
amended by striking ``section 1074d(b)'' and inserting ``section
1074d(d)''.
SEC. 4. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE ARMED FORCES.
(a) Education Programs.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish a uniform standard curriculum that will be used in
education programs on family planning for all members of the
Armed Forces, including both men and women members.
(2) Sense of congress.--It is the sense of Congress that
the education programs described in paragraph (1) should use
the latest technology available to efficiently and effectively
deliver information to members of the Armed Forces.
(b) Elements.--The uniform standard curriculum established under
subsection (a) shall include the following:
(1) Information for members of the Armed Forces on active
duty to make informed decisions regarding family planning.
(2) Information about the prevention of unintended
pregnancy and sexually transmitted infections, including human
immunodeficiency virus.
(3) Information on the importance of providing
comprehensive family planning for members of the Armed Forces
and their commanding officers and on the positive impact family
planning can have on the health and readiness of the Armed
Forces.
(4) Current, medically accurate information.
(5) Clear, user-friendly information on the full range of
methods of contraception and where members of the Armed Forces
can access their chosen method of contraception.
(6) Information on all applicable laws and policies so that
members of the Armed Forces are informed of their rights and
obligations.
(7) Information on patients' rights to confidentiality.
(8) Information on the unique circumstances encountered by
members of the Armed Forces, and the effects of such
circumstances on the use of contraception.
SEC. 5. PREGNANCY PREVENTION ASSISTANCE AT MILITARY TREATMENT
FACILITIES FOR WOMEN WHO ARE SEXUAL ASSAULT SURVIVORS.
(a) Purpose.--The purpose of this section is to provide in statute,
and to enhance, existing regulations that require health care providers
at military treatment facilities to consult with survivors of sexual
assault once clinically stable regarding options for emergency
contraception and any necessary follow-up care, including the provision
of emergency contraception.
(b) In General.--The assistance specified in subsection (c) shall
be provided at every military treatment facility to the following:
(1) Any woman who presents at a military treatment facility
and states to personnel of the facility that she is a victim of
sexual assault or is accompanied by another individual who
states that the woman is a victim of sexual assault.
(2) Any woman who presents at a military treatment facility
and is reasonably believed by personnel of such facility to be
a survivor of sexual assault.
(c) Assistance.--
(1) In general.--The assistance specified in this
subsection shall include the following:
(A) The prompt provision by appropriate staff of
the military treatment facility of comprehensive,
medically and factually accurate, and unbiased written
and oral information about all methods of emergency
contraception approved by the Food and Drug
Administration.
(B) The prompt provision by such staff of emergency
contraception to a woman upon her request.
(C) Notification to the woman of her right to
confidentiality in the receipt of care and services
pursuant to this section.
(2) Nature of information.--The information provided
pursuant to paragraph (1)(A) shall be provided in language that
is clear and concise, is readily comprehensible, and meets such
conditions (including conditions regarding the provision of
information in languages other than English) as the Secretary
may provide in regulations prescribed pursuant to this section. | Access to Contraception for Women Servicemembers and Dependents Act of 2017 This bill expands the TRICARE health care program to entitle additional female beneficiaries and dependents to care related to the prevention of pregnancy. (Currently, such care is limited to certain female members of the uniformed service or a reserve component performing active duty or certain servicewomen performing inactive-duty training.) Cost-sharing may not be imposed or collected for such pregnancy prevention care, including for any method of contraception provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. Such pregnancy prevention care shall include: (1) all methods of contraception approved by the Food and Drug Administration (FDA), (2) contraceptive care, (3) sterilization procedures, and (4) patient education and counseling. The Department of Defense shall establish a uniform standard curriculum to be used in family planning education programs for all men and women members of the Armed Forces. Every military treatment facility, upon request, shall provide emergency contraception, information about FDA-approved methods of emergency contraception, and notification of confidentiality rights to any woman who: (1) states, or is accompanied by another individual who states, that the woman is a victim of sexual assault; or (2) is reasonably believed to be a survivor of sexual assault. | {"src": "billsum_train", "title": "Access to Contraception for Women Servicemembers and Dependents Act of 2017"} | 2,280 | 288 | 0.595658 | 1.805783 | 0.775061 | 3.809886 | 8.003802 | 0.935361 |
SECTION 1. EXCEPTION FROM PASSIVE LOSS RULES FOR INVESTMENTS IN HIGH
TECHNOLOGY RESEARCH SMALL BUSINESS PASS-THRU ENTITIES.
(a) In General.--Subsection (c) of section 469 of the Internal
Revenue Code of 1986 is amended by redesignating paragraphs (4) through
(7) as paragraphs (5) through (8), respectively, and by inserting after
paragraph (3) the following new paragraph:
``(4) High technology research activities.--
``(A) In general.--The term `passive activity'
shall not include any qualified research activity of
the taxpayer carried on by a high technology research
small business pass-thru entity.
``(B) Treatment of losses and deductions.--
``(i) In general.--Losses or deductions of
a taxpayer relating to qualified research
activities carried on by a high technology
research small business pass-thru entity shall
not be treated as losses or deductions,
respectively, from a passive activity except as
provided in clause (ii) and subparagraph (C).
``(ii) Limitation.--Clause (i) shall apply
to losses and deductions of a taxpayer relating
to a high technology small business pass-thru
entity for a taxable year only to the extent
that the aggregate losses and deductions of the
taxpayer relating to qualified research
activities of such entity for such taxable year
do not exceed the portion of the taxpayer's
adjusted basis in the taxpayer's ownership
interest in such entity that is attributable to
money or other property contributed--
``(I) in exchange for such
ownership interest, and
``(II) specifically for use in
connection with qualified research
activities.
For purposes of the preceding sentence, the
taxpayer's basis shall not include any portion
of such basis which is attributable to an
increase in a partner's share of the
liabilities of a partnership that is considered
under section 752(a) as a contribution of
money.
``(C) Treatment of carryovers.--Subparagraph (B)(i)
shall not apply to the portion of any loss or deduction
that is carried over under subsection (b) into a
taxable year other than the taxable year in which such
loss or deduction arose.
``(D) Qualified research activity.--For purposes of
this paragraph, the term `qualified research activity'
means any activity constituting qualified research
(within the meaning of section 41(d)(1)(B) and taking
into account paragraphs (3) and (4) of section 41(d))
which involves a process of experimentation.
``(E) High technology research small business pass-
thru entity.--For purposes of this paragraph, the term
`high technology research small business pass-thru
entity' means any domestic pass-thru entity for any
taxable year if--
``(i) either--
``(I) more than 75 percent of the
entity's expenditures (including
salaries, rent and overhead) for such
taxable year are paid or incurred in
connection with qualified research
(within the meaning of section
41(d)(1)(B), taking into account
paragraphs (3) and (4) of section
41(d)) that involves a process of
experimentation conducted by the
entity, or
``(II) more than 50 percent of the
entity's expenditures for such taxable
year constitute qualified research
expenses (as defined in section 41(b),
but determined without regard to the
phrase `65 percent of' in paragraph
(3)(A) thereof),
``(ii) such entity is a small business
(within the meaning of section
41(b)(3)(D)(iii), applied by substituting `250'
for `500' in subclause (I) thereof), and
``(iii) at no time during the taxable year
does the entity have aggregate gross assets in
excess of $150,000,000.
``(F) Provisions related to aggregate gross assets
limitation.--For purposes of this paragraph--
``(i) In general.--Except as otherwise
provided in this subparagraph, the term
`aggregate gross assets' has the meaning given
such term in section 1202(d)(2).
``(ii) Exception for certain intangibles.--
Any section 197 intangible (as defined in
section 197(d) and determined without regard to
section 197(e)) which is used directly in
connection with the research referred to in
subparagraph (E)(i) shall not be taken into
account in determining aggregate gross assets.
``(iii) Exception for certain follow-on
investments.--Cash from a sale of equity
interests shall not be taken into account in
determining aggregate gross assets if--
``(I) the aggregate gross assets of
such entity (determined immediately
after such sale and without regard to
this clause) do not exceed the sum of
$150,000,000, plus 25 percent of the
aggregate gross assets of such entity
(determined immediately before such
sale and without regard to this
clause), and
``(II) the aggregate gross assets
of such entity (determined immediately
before such sale and without regard to
this clause) do not exceed
$150,000,000.
Sales of equity interests which are part of the
same plan or arrangement, or which are carried
out with the principal purpose of increasing
the amount of cash to which this clause applies
(determined without regard to this sentence),
shall be treated as a single sale for purposes
of this clause.
``(iv) Inflation adjustment.--In the case
of any taxable year beginning after 2015, the
$150,000,000 amount in subparagraph (E)(iii)
and subclauses (I) and (II) of clause (iii)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost of living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2014' for
`calendar year 1992' in subparagraph
(B) thereof.
Any increase determined under the preceding
sentence shall be rounded to the nearest
$100,000.
``(G) Capital expenditures taken into account for
expenditures test.--An expenditure shall not fail to be
taken into account under subparagraph (E)(i) merely
because such expenditure is chargeable to capital
account.
``(H) Pass-thru entity.--For purposes of this
paragraph, the term `pass-thru entity' means any
partnership, S corporation, or other entity identified
by the Secretary as a pass-thru entity for purposes of
this paragraph.
``(I) Aggregation rules.--
``(i) In general.--All persons treated as a
single employer under subsection (a) or (b) of
section 52, or subsection (m) or (o) of section
414, shall be treated as a single entity for
purposes of subparagraphs (E) and (F)(iii).
``(ii) Limitation where entity would not
qualify.--No entity shall be treated as a high
technology research small business pass-thru
entity unless such entity qualifies as such
both with and without the application of clause
(i).
``(J) Activities not engaged in for profit and
economic substance rules.--Section 183 and the economic
substance rules of section 7701(o) shall not apply to
disallow the losses, deductions, and credits of a high
technology research small business pass-thru entity
solely as a result of losses incurred by such
entity.''.
(b) Material Participation Not Required.--Paragraph (5) of section
469(c) of the Internal Revenue Code of 1986, as redesignated by
subsection (a), is amended by striking ``and (3)'' in the heading and
text and inserting ``, (3), and (4)''.
(c) Certain Research-Related Deductions and Credits of High
Technology Research Small Business Pass-Thru Entities Allowed for
Purposes of Determining Alternative Minimum Tax.--
(1) Deduction for research and experimental expenditures.--
Paragraph (2) of section 56(b) of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subparagraph:
``(E) Exception for high technology research small
business pass-thru entities.--In the case of a high
technology research small business pass-thru entity (as
defined in section 469(c)(4)), this paragraph shall not
apply to any amount allowable as a deduction under
section 174(a).''.
(2) Allowance of certain research-related credits.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
redesignating clauses (ii) through (ix) as clauses (iii)
through (x), respectively, and by inserting after clause (i)
the following new clause:
``(ii) the credits of an individual
taxpayer determined under sections 41 and 48D
to the extent attributable to a high technology
research small business pass-thru entity (as
defined in section 469(c)(4)),''.
(d) Exception to Limitation on Pass-Thru of Research Credit.--
Subsection (g) of section 41 of such Code is amended by adding at the
end the following: ``Paragraphs (2) and (4) shall not apply with
respect to any high technology research small business pass-thru entity
(as defined in section 469(c)(4)).''.
(e) Effective Date.--The amendments made by this section shall
apply to losses and credits arising in taxable years beginning on or
after the date of the enactment of this Act. | Amends the Internal Revenue Code to exempt from the definition of "passive activity," for purposes of the passive loss tax rules, any qualified research activity carried on by a high technology research small business pass-thru entity. Defines "high technology research small business pass-thru entity" as any domestic pass-thru entity if: (1) more than 75% of the entity's expenditures are paid or incurred in connection with qualified research, or (2) more than 50% of the entity's expenditures constitute qualified research expenses. Designates a high technology research entity as a small business if such entity has 250 or fewer full-time employees and does not have aggregate gross assets in excess of $150 million. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an exception from the passive loss rules for investments in high technology research small business pass-thru entities."} | 2,199 | 157 | 0.631072 | 1.86137 | 0.745871 | 3.381295 | 13.964029 | 0.863309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colonial New Mexico Commemorative
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) in 1598, almost a decade before the first permanent
English settlement was established at Jamestown, Spanish
colonists entered New Mexico, beginning more than 2 centuries
of colonization that would indelibly mark the character of the
American Southwest;
(2) because of the flow of history, New Mexico has remained
a unique area of the Spanish borderlands;
(3) as a result of its remoteness, New Mexico changed more
slowly than other settlements and has retained many significant
remnants of colonial customs, language, and attitudes; and
(4) the interaction of the American Indian and Hispanic
colonial heritages resulted in customs, architecture, and many
other manifestations that are unique to today's American
culture.
(b) Purpose.--In order to enhance the preservation, interpretation,
and public understanding of various aspects of colonial New Mexico, the
purpose of this Act is to authorize the Secretary of the Interior to
formulate a program for the research, interpretation, and preservation
of various aspects of colonial New Mexico history.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Committee.--The term ``Committee'' means the Colonial
New Mexico Preservation Advisory Committee established by
section 6.
(2) Plan.--The term ``plan'' means the comprehensive
management plan described in section 5.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. DUTIES OF SECRETARY.
(a) Plan.--
(1) Preparation.--The Secretary shall prepare the
comprehensive management plan in accordance with section 5.
(2) Implementation.--In close consultation with the Office
of Cultural Affairs of the State of New Mexico and the
Committee, the Secretary shall--
(A) coordinate the activities of Federal, State,
and local governments, and private businesses and
organizations, to carry out the plan and the purpose of
this Act; and
(B) consistent with standards established by the
Secretary for the preservation of historic properties
and for educational programs, and consistent with the
National Historic Preservation Act (16 U.S.C. 470 et
seq.), prepare guidelines and standards for projects,
as identified in the plan, that will further public
understanding of colonial New Mexico history.
(b) Grants.--
(1) In general.--From funds appropriated, donated, or
otherwise made available to the Secretary, the Secretary shall
award grants to tribal, governmental, and nongovernmental
entities to conserve and protect structures, objects, and
sites, and help support cultural events, that have outstanding
significance in the commemoration of colonial New Mexico,
except that the Federal share shall not exceed 50 percent of
the cost of each project.
(2) Non-federal share.--The non-Federal share may be in the
form of cash or services, including donation of labor for
project implementation.
(c) Surveys and Archaeological Investigations.--The Secretary shall
contract for surveys and archaeological and historical investigations
of sites relating to colonial New Mexico, including the preparation of
reports and maps, and the curation of artifacts.
(d) Publications.--The Secretary shall publish study reports and
educational materials.
(e) Nominations to National Register of Historic Places.--The
Secretary shall prepare thematic nominations to the National Register
of Historic Places of colonial sites and resources in New Mexico.
(f) Staff of Other Agencies.--On a reimbursable basis, the
Secretary may procure the services of personnel detailed from the State
of New Mexico or other Federal agencies.
(g) Donations.--The Secretary may seek and accept donations of
funds or services from public and private entities to carry out this
Act.
SEC. 5. COMPREHENSIVE MANAGEMENT PLAN.
(a) In General.--Not later than 2 years after funds are made
available for purposes of this Act, the Secretary, in consultation with
the Committee, the State of New Mexico, units of local government, and
private groups, shall prepare a comprehensive management plan to
provide direction for commemorative actions and projects.
(b) Contents.--The plan shall--
(1) establish a process and procedures for undertaking
research relating to colonial New Mexico and a program for
regular publication of research materials and findings;
(2) develop a survey program to further evaluate known
resources and identify sites and features that require
additional study;
(3) identify a core system of interpretive sites and
features that would provide a comprehensive overview of the
colonial New Mexico story;
(4) prepare interpretive materials to address the colonial
New Mexico story and identify locations where this material
will be available to the public;
(5) evaluate and recommend high priority sites and
resources that need protection and assistance;
(6) with the assistance of site owners, prepare options for
the protection and management of high priority colonial New
Mexico resources;
(7) evaluate and recommend highway routes, in existence on
the date of the plan, that could be designated by the State of
New Mexico as colonial New Mexico tour routes; and
(8) evaluate the feasibility of and need for developing
commemorative centers in New Mexico in accordance with section
7(a).
SEC. 6. ESTABLISHMENT OF ADVISORY COMMITTEE.
(a) In General.--There is established in the Department of the
Interior the Colonial New Mexico Preservation Advisory Committee to
advise the Secretary with respect to the administration of this Act.
(b) Membership.--
(1) Composition.--The Committee shall be composed of 15
members who have knowledge of New Mexico colonial history and
culture and who shall be appointed by the Secretary, of whom--
(A) three members shall be appointed from
recommendations submitted by the Governor of New
Mexico, of whom one member shall represent the Office
of Cultural Affairs of the State of New Mexico;
(B) one member shall be appointed from
recommendations submitted by the All Indian Pueblo
Council;
(C) one member--
(i) shall be from the general public; and
(ii) shall have knowledge of colonial
history in New Mexico;
(D) four members--
(i) shall be appointed from recommendations
submitted by local governments in New Mexico;
and
(ii) shall represent Hispanic communities;
(E) one member shall be appointed from
recommendations submitted by the President of the
University of New Mexico;
(F) one member shall be appointed from
recommendations submitted by the President of New
Mexico State University;
(G) one member shall be appointed from
recommendations jointly submitted by the Navajo and
Apache tribal governments;
(H) one member shall have professional expertise in
the colonial history of New Mexico;
(I) one member shall have professional expertise in
architectural history; and
(J) one member shall be the Secretary or the
Secretary's designee and shall serve in an ex-officio
capacity.
(2) Chairperson.--
(A) In general.--The Committee shall elect a
chairperson from among its members.
(B) Term.--The chairperson shall serve for a term
of 2 years.
(3) Vacancies.--A vacancy in the Committee shall be filled
in the manner in which the original appointment was made.
(4) Terms.--
(A) In general.--Each member of the Committee shall
be appointed for a term of 5 years.
(B) Members filling vacancies.--A member appointed
to fill a vacancy shall serve for the remainder of the
term for which the member's predecessor was appointed.
(C) Extended service.--A member of the Committee
may serve after the expiration of the member's term
until a successor is appointed.
(5) Compensation.--Members of the Committee shall serve
without compensation.
(6) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Committee, members of the Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(c) Meetings.--
(1) In general.--The Committee shall meet at least twice
annually or at the call of the chairperson or a majority of the
members of the Committee.
(2) Quorum.--A simple majority of members of the Committee
shall constitute a quorum.
(d) Hearings.--To carry out this section, the Committee may hold
public hearings, take testimony, and record the views of the public
regarding the plan and implementation of the plan.
(e) Termination.--The Committee shall terminate 10 years after
completion of the appointment of the first group of members.
SEC. 7. COMMEMORATIVE CENTERS.
(a) In General.--
(1) In general.--The Secretary may develop commemorative
centers, operate educational programs, provide technical
assistance, conduct cultural events, and prepare media
materials, except that the Federal share of a project shall not
exceed 50 percent of the total cost of development.
(2) Non-federal share.--The non-Federal share may be in the
form of cash or services.
(b) Espanola Plaza Center.--
(1) In general.--In consultation with the Committee, the
Secretary may pay to the city of Espanola, New Mexico, the
Federal share of planning, developing, and operating a
commemorative center as an element of the Spanish Commemorative
Plaza.
(2) Federal share.--The Federal share may not exceed 50
percent of the total cost of the Espanola Plaza project.
(3) Non-federal share.--The non-Federal share may be in the
form of cash or services.
SEC. 8. GALISTEO BASIN STUDY.
In accordance with the National Park Service document entitled
``Alternative Concepts for Commemorating Spanish Colonization'' and
dated February 1991, the Secretary shall undertake a special resource
study of the major prehistoric and historic sites in the Galisteo Basin
relating to colonial New Mexico. The study shall include evaluations of
significance, site integrity, threats, and protection and management
options.
SEC. 9. PUEBLO TRAIL.
(a) Redesignation.--The Masau Trail, as designated by title II of
Public Law 100-225 (16 U.S.C. 460uu-11 et seq.), is redesignated as the
Pueblo Trail.
(b) Legal References.--Any reference in any record, map, or other
document of the United States to the Masau Trail is deemed to be a
reference to the Pueblo Trail.
(c) Conforming Amendments.--
(1) The title heading of title II of Public Law 100-225 (16
U.S.C. 460uu-11 et seq.) is amended by striking ``MASAU'' and
inserting ``PUEBLO''.
(2) Public Law 100-225 (16 U.S.C. 460uu et seq.) is amended
by striking ``Masau'' each place it appears in sections 201,
204, and 510 and inserting ``Pueblo''.
SEC. 10. ANNUAL REPORTS.
(a) In General.--The Secretary shall submit an annual report to
Congress that lists with respect to this Act--
(1) actions taken by the Secretary;
(2) entities to which any grants were made during the
fiscal year and any recipients of technical assistance; and
(3) actions taken to protect and interpret significant
sites, structures, and objects relating to colonial New Mexico.
(b) Cost Estimates.--The report shall include detailed cost
estimates of projects that are proposed to be funded under this Act
during the next fiscal year.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior $5,000,000 to carry out this Act, to remain available until
expended. | Colonial New Mexico Commemorative Act - Directs the Secretary of the Interior to prepare a comprehensive management plan to: (1) establish procedures for undertaking research relating to colonial New Mexico and a program for publication of research; (2) develop a survey to evaluate known resources and identify features that require additional study; (3) identify a core system of interpretive sites that would provide a comprehensive overview of the colonial New Mexico story; (4) prepare interpretive materials to address the colonial New Mexico story to be made available to the public; (5) recommend high priority sites that need protection and assistance; (6) prepare options for the management of priority New Mexico resources; (7) recommend highway routes that could be designated as colonial New Mexico tour routes; and (8) evaluate the feasibility of and need for developing commemorative centers in New Mexico.
Requires the Secretary to award grants to tribal, governmental, and nongovernmental entities to conserve and protect structures, objects, and sites, and help support cultural events, that have significance in the commemoration of colonial New Mexico. Directs the Secretary to prepare thematic nominations to the National Register of Historic Places of colonial sites and resources in New Mexico.
Establishes the Colonial New Mexico Preservation Advisory Committee in the Department of the Interior.
Authorizes the Secretary to: (1) develop commemorative centers, operate educational programs, provide technical assistance, conduct cultural events, and prepare media materials; and (2) pay to the city of Espanola, New Mexico, the Federal share of planning and operating a commemorative center as an element of the Spanish Commemorative Plaza.
Directs the Secretary to undertake a special resource study of the major prehistoric and historic sites in the Galisteo Basin relating to colonial New Mexico.
Authorizes appropriations.
Redesignates the Masau Trail as the Pueblo Trail. | {"src": "billsum_train", "title": "Colonial New Mexico Commemorative Act"} | 2,650 | 398 | 0.621929 | 2.006228 | 0.835193 | 6.255682 | 6.767045 | 0.971591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Community
Initiative Act of 1993''.
SEC. 2. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
``SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
``(a) In General.--The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention and
prevention of domestic violence.
``(b) Eligibility.--To be eligible for a grant under this section,
an entity--
``(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the intervention
in and prevention of domestic violence; and
``(2) shall include representatives of pertinent sectors of
the local community, including--
``(A) health care providers;
``(B) the education community;
``(C) the religious community;
``(D) the justice system;
``(E) domestic violence program advocates;
``(F) human service entities such as State child
services divisions; and
``(G) business and civic leaders.
``(c) Applications.--An organization that desires to receive a
grant under this section shall submit to the Secretary an application,
in such form and in such manner as the Secretary shall prescribe
through notice in the Federal Register, that--
``(1) demonstrates that the applicant will serve a
community leadership function, bringing together opinion
leaders from each sector of the community to develop a
coordinated community consensus opposing domestic violence;
``(2) demonstrates a community action component to improve
and expand current intervention and prevention strategies
through increased communication and coordination among all
affected sectors;
``(3) includes a complete description of the applicant's
plan for the establishment and operation of the community
project, including a description of--
``(A) the method for identification and selection
of an administrative committee made up of persons
knowledgeable in domestic violence to oversee the
project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project;
``(B) the method for identification and selection
of project staff and a project evaluator;
``(C) the method for identification and selection
of a project council consisting of representatives of
the community sectors listed in subsection (b)(2);
``(D) the method for identification and selection
of a steering committee consisting of representatives
of the various community sectors who will chair
subcommittees of the project council focusing on each
of the sectors; and
``(E) a plan for developing outreach and public
education campaigns regarding domestic violence; and
``(4) contains such other information, agreements, and
assurances as the Secretary may require.
``(d) Term.--A grant provided under this section may extend over a
period of not more than 3 fiscal years.
``(e) Conditions on Payment.--Payments under a grant under this
section shall be subject to--
``(1) annual approval by the Secretary; and
``(2) availability of appropriations.
``(f) Geographical Dispersion.--The Secretary shall award grants
under this section to organizations in communities geographically
dispersed throughout the country.
``(g) Use of Grant Monies.--
``(1) In general.--A grant made under subsection (a) shall
be used to establish and operate a community project to
coordinate intervention and prevention of domestic violence.
``(2) Requirements.--In establishing and operating a
project, a nonprofit private organization shall--
``(A) establish protocols to improve and expand
domestic violence intervention and prevention
strategies among all affected sectors;
``(B) develop action plans to direct responses
within each community sector that are in conjunction
with development in all other sectors; and
``(C) provide for periodic evaluation of the
project with a written report and analysis to assist
application of this concept in other communities.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for fiscal year 1994; and
``(2) such sums as are necessary for each of the fiscal
years 1995, 1996, and 1997,
to remain available until expended.
``(i) Regulations.--Not later than 60 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days after
the date of enactment, the Secretary shall publish final regulations
implementing this section.''. | Domestic Violence Community Initiative Act of 1993 - Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to provide grants to nonprofit private organizations to establish local community intervention and domestic violence prevention projects.
Authorizes appropriations. | {"src": "billsum_train", "title": "Domestic Violence Community Initiative Act of 1993"} | 1,048 | 54 | 0.597156 | 1.337655 | 0.938539 | 2.978723 | 20.93617 | 0.93617 |
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